Title
Illegal Use of Explosives on Fish
Law
Republic Act No. 428
Decision Date
Jun 7, 1950
Republic Act No. 428 declares the possession, sale, or distribution of stupefied, disabled, or killed fish or other aquatic animals using illegal methods as illegal, imposing penalties on violators and holding buyers accountable, while also ensuring the examination of alleged violations and the enforcement of the law through instructions and regulations by the Department of Health.
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Penalties Based on the Value of Fish or Aquatic Animals

  • If total value is not more than 100 pesos:
    • Fine between 50 to 200 pesos, or
    • Imprisonment from 1 month to 6 months, or
    • Both fine and imprisonment.
  • If total value exceeds 100 pesos:
    • Fine between 200 to 500 pesos, or
    • Imprisonment from 6 months to 5 years, or
    • Both fine and imprisonment.

Liability of Buyers and Duty to Report Violations

  • Buyers who knowingly purchase illegally obtained fish or aquatic animals incur the same penalties unless they report the violation to authorities.
  • Reporting to proper authorities exempts the buyer from criminal liability.
  • Upon discovery of violation, buyers must denounce the act to enable investigation and prosecution.

Accountability of Authorities and Officers

  • Policemen, peace officers, sanitary inspectors, Bureau of Health employees, or persons in authority are required to investigate and prosecute violations upon knowledge.
  • Failure without just cause to act or causing delays in investigation and prosecution results in removal or suspension from office and penal sanctions.

Definition of "Fish or Other Aquatic Animals"

  • Includes fish and aquatic animals regardless of form, whether dried, refrigerated, canned, or otherwise processed.

Examination and Expert Opinion on Alleged Violations

  • Sanitary division head, sanitary inspector, or authorized Bureau of Health representative must examine alleged stupefied or killed fish upon request.
  • Their report serves as expert opinion to competent courts.

Implementation and Regulation

  • Department of Health, with concurrence of Department of Agriculture and Natural Resources, shall issue implementing instructions and regulations, especially concerning the examination process.

Repeal of Inconsistent Laws

  • All previous laws inconsistent with this act are repealed.

Effectivity Clause

  • The Act took effect immediately upon approval on June 7, 1950.

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