Title
Supreme Court
Coral Resources Development and Conservation
Law
Presidential Decree No. 1219
Decision Date
Oct 14, 1977
A decree enacted by President Ferdinand E. Marcos to regulate and protect coral resources in the Philippines, prohibiting the gathering and exportation of corals without an awarded concession, and imposing penalties for violations.

Law Summary

Definition of Terms

  • Person: Natural or juridical entities.
  • Coral: Organisms secreting skeletons, classified as precious, semi-precious, or ordinary.
    • Precious coral: Calcareous or horny skeletons, e.g., red, pink, white corals.
    • Semi-precious coral: Thorny, horny axis skeletons, e.g., black corals.
    • Ordinary coral: All other types not classified as precious or semi-precious.
  • Exploration: Preliminary surveys and random sampling.
  • Exploitation: Actual extraction in accordance with conservation.
  • Utilization: Processing raw corals to finished products.
  • Conservation: Preservation or limited harvesting ensuring sustained marine productivity.
  • Concessionaire: Holder of a concession granted under the Decree.
  • Finished products: Processed coral items for direct consumer use.

Policy and Administration

  • Mandates State policy to promote and regulate all coral resource activities protecting these as per existing laws.
  • Implementation vested in the Secretary of Natural Resources.

Restrictions on Ordinary Coral

  • Prohibits gathering, harvesting, collecting, and exporting of ordinary corals.
  • Allows limited exceptions for certain species and areas upon Secretary's recommendation and conditions.

Special Permits

  • Secretary may grant special permits for limited coral collection strictly for scientific or educational purposes.

Concession for Precious and Semi-Precious Corals

  • Exploration, exploitation, utilization only allowed under official concession award.
  • Concessionaires must be Filipino citizens/corporations with at least 70% Filipino ownership.
  • Concessionaires may enter service contracts with foreigners but operations must comply with Philippine registry and government permits.
  • Awarding based on technical and financial capability including establishing a local processing plant.

Export Regulations

  • Export of precious and semi-precious corals prohibited unless processed into finished products locally prior to export.

Rulemaking and Enforcement

  • Secretary of Natural Resources empowered to issue necessary rules and regulations for effective enforcement.

Penalties

  • Illegal gathering of precious/semi-precious corals without concession: imprisonment from 60 days to 6 years and/or fine not less than P6,000.
  • Violations involving ordinary corals or illegal exportation of corals: imprisonment from 30 days to 3 years and/or fine not less than P3,000.
  • Confiscation of illegally gathered corals, vessels, gear, and paraphernalia, including attempts at illegal export.

Repeal and Transition

  • Repeals inconsistent laws, executive orders, and regulations.
  • Requires submission of sworn statement on existing coral stocks within one month of effectivity for verification by the Secretary.

Effectivity Clause

  • The Decree takes effect immediately upon approval.

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