Presidential Decree No. 1219 (PD 1219) — Providing for the Exploration, Exploitation, Utilization and Conservation of Coral Resources.
WHEREAS, coral resources are known to exist beneath
territorial waters and in the marine economic zone of the Philippines;
WHEREAS, the exploitation of these resources, especially the
precious coral varieties, will bring revenue to the country and generate
employment in the processing and utilization of these resources;
WHEREAS, it is necessary that the exploration, exploitation,
utilization and conservation of these resources be properly regulated to ensure
the preservation of the country's marine environment;
WHEREAS, conservation of ordinary corals is necessary for
the preservation of the natural breeding ground, habitat or abode of fishes and
other marine organisms;
WHEREAS, ordinary corals are natural protection of the
adjacent infrastructures against destructive effects of wave erosion;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution, do hereby
promulgate the following:
SECTION 1. Title—This Decree shall be
called "THE CORAL RESOURCES DEVELOPMENT AND CONSERVATION DECREE".
Declaration of Policy.
SEC. 2. Declaration of Policy.—It is hereby
declared to be the policy of the State to promote and regulate the exploration,
exploitation, utilization and conservation of coral resources, whether existing
beneath territorial waters or in the marine economic zone of the Philippines,
and to ensure the protection of these resources as provided for under
other existing laws.
Definition of Terms.
SEC. 3. Definition of Terms.—As used in this Decree
the following terms are defined as follows:
(a)
PERSON
—includes a natural or juridical person.
(b)
CORAL
— consists of small anemone-like organisms belonging to Phylum coelentorata
which secrete their own skeletons of various forms that may be hard, soft, stony
or horny, and shall include the following:
(i)
Precious coral — skeleton of anthozoan coelenterate characterized as
having a rigid axis of compact calcareous or horny spicules, belonging to the
genus corallium as represented by the red, pink and white: corals.
(ii)
Semi-precious coral skeleton of anthozoan coelenterate characterized by a
thorny, horny axis, such as the Antipathariana as represented by the black
corals.
(iii)
Ordinary coral — all kinds of coral other than precious and
semi-precious coral.
(c)
EXPLORATION
— the preliminary surveys and random sampling within a concession
area.
(d)
EXPLOITATION
— the actual extraction, gathering and collection in accordance with
acceptable coral development and conservation practices.
(e)
UTILIZATION
— all operations involved in the manufacture, processing or conversion of raw
corals into finished products.
(f)
CONSERVATION
—the complete preservation or limited harvesting of coral resources in such
a way as not to adversely affect the sustained productivity of marine
ecosystems.
(g)
CONCESSIONAIRE
— the person to whom a concession has been granted or awarded under the
provisions of this Decree.
(h)
FINISHED PRODUCTS
— processed and manufactured coral articles of trade and commerce in a form
that may be immediately utilized by the end-user or consumer such as, but not
limited to, jewelries or decorative
articles.
Implementing Agency.
SEC. 4. Implementing Agency.—This Decree shall be
implemented by the Secretary of Natural Resources, who shall have jurisdiction
and responsibility in the exploration, exploitation, utilization and
conservation of coral resources.
Odinary Coral.
SEC. 5. Odinary Coral.—The gathering, harvesting,
collecting and or exporting of ordinary coral is prohibited: Provided,
however, That from time to time certain species in selected areas may be
excluded from this prohibition upon recommendation and subject thereafter, to
certain conditions that may be imposed by the Secretary of Natural
Resources.
Special Permit.
SEC. 6. Special Permit.—The Secretary of Natural
Resources may issue special permit to any person or institution to gather in
limited quantities any coral scientific or educational purposes.
Concession.
SEC. 7. Concession.—The exploration, exploitation
and utilization of precious and semi-precious coral resources may be made only
upon the award of a concession by the Secretary of Natural Resources.
Concessionaire.
SEC. 8. Concessionaire.—A concessionaire shall be a
Filipino citizen or corporation or partnership at least seventy (70%) percent of
the capital stock of which is owned or controlled by Filipinos. However, such
concessionaire may enter into a service contract with a foreigner or
foreign-owned entity to conduct operations under this Decree pursuant to a duly
awarded concession.
Vessels to be used for such operations shall be of Philippine registry:
Provided, That if foreign vessels are used, prior clearance or permit
from appropriate government agencies shall be obtained.
Concession for precious coral shall be awarded by the Secretary of Natural
Resources to the applicant, who on his own or in joint venture with others,
possesses the technical and financial capability to put up a processing plant in
the Philippines.
Export of Precious and Semi-Precious Coral.
SEC. 9. Export of Precious and Semi-Precious
Coral.— Exportation of precious and semi-precious coral gathered is hereby
prohibited, unless such corals are first processed and manufactured into
finished products in the Philippines.
Rules and Regulations.
SEC. 10. Rules and Regulations.—The Secretary of
Natural Resources shall promulgate the rules and regulations to implement
effectively the provisions of this Decree.
Penalties.
SEC. 11. Penalties.—Any person gathering precious
or semi-precious corals without an awarded concession shall, upon conviction, be
punished by imprisonment of not less than sixty (60) days or more than six (6)
years or a fine of not less than Six Thousand (P6.000.00) Pesos, or both at the
discretion of the court. Likewise, any person gathering, harvesting, collecting
and or exporting ordinary corals in violation of Section 5 hereof, or exporting
precious and semi-precious corals in violation of Section 9 hereof, shall, upon
conviction, be punished by imprisonment of not less than thirty (30) days nor
more than three (3) years or a fine of not less than Three Thousand (P3,000.00)
Pesos, or both at the discretion of the court : Provided, That the
penalties herein prescribed shall be without prejudice to the confiscation by
the Government of the corals illegally gathered together with the vessel, the
gear and paraphernalia used therein. Confiscation shall also cover attempted
illegal exportation of corals.
Repealing Clause.
SEC. 12. Repealing Clause.—All laws, executive
orders and regulations inconsistent with the provisions of this Decree are
hereby repealed or modified accordingly.
Transitory Provisions.
SEC. 13. Transitory Provisions.—All possessor of
existing coral stocks gathered prior to the effectivity of this Decree are
required to submit within one (1) month from the approval of said Decree to the
Secretary of Natural Resources, a sworn statement indicating the quantity, kind,
state (raw or processed) and location of such stock, subject to
verification.
Effectivity.
SEC. 14. Effectivity.—This Decree shall take effect
upon its approval.
Done in the City of Manila, this 14th day of October, in the year, of Our
Lord, nineteen hundred and seventy-seven.
(Sgd.) FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.) JACOBO C. CLAVE
Presidential Executive
Assistant
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
