WHEREAS, it appears that there is still a resurgence of
illegal fishing cases despite the express prohibition thereof under Section 33
of Presidential Decree No. 704;
WHEREAS, despite the promulgation of PD No. 1058 amending PD
No. 704 by increasing the penalties for certain forms of illegal fishing and
dealing in illegaly caught fish or fishery aquatic products and providing that
the mere possession of such explosives with intent to use the same in illegal
fishing punishable, it appears that illegal fishing is still rampant;
WHEREAS, some fiscals are hesitant and reluctant to file
illegal fishing cases against the violators of the fishery laws, rules and
regulations because of the provision in the last paragraph of Section 38 of PD
No. 704 which states that action on any violation mentioned in Chapter VI
thereof shall be taken if the Minister so decides; and
WHEREAS, to effectively and successfully prosecute, illegal
fishing cases, it becomes imperative to further amend PD No. 704 by deleting the
aformentioned constraint:
NOW, THEREFORE, I. FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution, do hereby
amend Section 38 of PD No. 704 by deleting the last paragraph thereof.
This Decree shall take effect immediately.
Done in the City of Manila, this 16th day of January, in the year of Our
Lord, nineteen hundred and eighty-one.
(Sgd.) FERDINAND E. MARCOS
President of the
Philippines
By the President:
(Sgd.) JUAN C. TUVERA
Presidential Executive
Assistant
Vol. 25, Vital Documents, Presidential Decree 1980-1981