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.R. No. L-32166 October 18, 1977

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant,vs.HON. MAXIMO A. MAEREN FI, St!. r"#, L!$"%!, &OSE '(ENA)ENT(RA, *O+OFRE+O

REES, 'EN&AMIN REES, NAARIO A(INO !%/ ARLO +EL ROSARIO, accused-appellees.

Office of the Solicitor General for appellant.

Rustics F. de los Reyes, Jr. for appellees.

A(INO, J.:t.hqw

This is a case involving the validity of a 1967 regulation, penalizing electro fishing in fresh waterfisheries, promulgated by the ecretary of !griculture and "atural #esources and the $ommissionerof %isheries under the old %isheries &aw and the law creating the %isheries $ommission.

'n (arch 7, 1969 )ose *uenaventura, +odofredo #eyes, *enamin #eyes, "azario !uino and$arlito del #osario were charged by a $onstabulary investigator in the municipal court of ta. $ruz,&aguna with having violated %isheries !dministrative 'rder "o. /-1.

0t was alleged in the complaint that the five accused in the morning of (arch 1, 1969 resorted toelectro fishing in the waters of *arrio an ablo "orte, ta. $ruz by 2using their own motor banca,euipped with motor3 with a generator colored green with attached dynamo colored gray orsomewhat white3 and electrocuting device locally 4nown as sensored with a somewhat webbedcopper wire on the tip or other end of a bamboo pole with electric wire attachment which wasattached to the dynamo direct and with the use of these devices or euipments catches fish thru

electric current, which destroy any auatic animals within its cuffed reach, to the detriment andpreudice of the populace2 5$riminal $ase "o. /98.

pon motion of the accused, the municipal court uashed the complaint. The prosecution appealed.The $ourt of %irst 0nstance of &aguna affirmed the order of dismissal 5$ivil $ase "o. $-:68. Thecase is now before this $ourt on appeal by the prosecution under #epublic !ct "o. //;.

The lower court held that electro fishing cannot be penalize because electric current is not anobno

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0t is noteworthy that the %isheries &aw does not e$T= #'?0*0T0"+ >&>$T#' %0?0"+ 0" !&& @!T># +.wph!

'% T?> ?0&00">.

ursuant to ection / of !ct "o. /;;:, as amended, and ection / of #.!. "o. :1, the followingrules and regulations regarding the prohibition of electro fishing in all waters of the hilippines arepromulgated for the information and guidance of all concerned. +.wph!

>$T0'" 1. A "efinition. A @ords and terms used in this 'rder 11 construed asfollows=

5a8 hilippine waters or territorial waters of the hilippinesB includes all waters of thehilippine !rchipelago, as defined in the t between the nited tates and pain,

dated respectively the tenth of Cecember, eighteen hundred ninety eight and theseventh of "ovember, nineteen hundred. %or the purpose of this order, rivers, la4esand other bodies of fresh waters are included.

5b8 #lectro Fishin$. A >lectro fishing is the catching of fish with the use of electriccurrent. The euipment used are of many electrical devices which may be battery orgenerator-operated and from and available source of electric current.

5c8 BersonsB includes firm, corporation, association, agent or employee.

5d8 B%ishB includes other auatic products.

>$. . A %rohi&ition. A 0t shall be unlawful for any person to engage in electrofishing or to catch fish by the use of electric current in any portion of the hilippinewaters e

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Thus, the phrase 2in any portion of the hilippine waters2 found in section , was changed by theamendatory order to read as follows= 2in fresh water fisheries in the hilippines, such as rivers,la4es, swamps, dams, irrigation canals and other bodies of fresh water.2

The $ourt of %irst 0nstance and the prosecution 5p. 11 of brief8 assumed that electro fishing ispunishable under section : of the %isheries &aw 5not under section 76 thereof8, which provides that

any other violation of that law 2or of any rules and regulations promulgated thereunder shall subectthe offender to a fine of not more than two hundred pesos 5;;8, or in t for not more than si