SEC. 126. Possessing, Dealing in or Disposing Illegally Caught or Taken Fish.

– It shall
be unlawful to ship, commercially transport, offer for sale, sell, import, export, or have
custody, control, or possession of, or to deal in or in any manner dispose of any fish or
species caught, taken or retained in violation of this Code.

The discovery of any fish or species caught with the use of explosives or noxious or
poisonous substances shall constitute a prima facie presumption that the
possessor, seller, fish dealer, transporter, importer, or exporter thereof has
knowledge that the fish or species was caught or taken in violation of this Code.

Upon a summary finding of administrative liability, the offender shall be punished with an
administrative fine of Fifty thousand pesos (P50,000.00) to Two hundred thousand
pesos (P200,000.00) or five (5) times the value of fish or species, whichever is higher,
and confiscation of the same.

Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment
from six (6) months to two (2) years, and fine of eight (8) times the value of the species
or from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00), whichever is higher and confiscation of the fish or fishery products and
suspension or revocation of registration or license.

The effect of a presumption upon the burden of proof is to create the need
of presenting evidence to overcome the prima facie case created, thereby
which, if no contrary proof is offered, will prevail. Republic v. Vda. de Neri, 424
SCRA 676, 692-693 (2004), citing Francisco, The Revised Rules of Court in
the Philippines, Vol. VII, Part II, p. 7.

IRR
Rule 126.1 Mandatory Training – The DA-BFAR shall train fish sellers, fish
dealers, transporters, importers, or exporters on the detection of fish caught
through the use of explosives.

Training shall be mandatory. The instances when a prima facie

presumption shall apply are as follows:

a) Completion of the training by the offender;

b) Failure to complete the training for an unjustifiable cause; or
c) Failure to attend despite due notice.

LGUs shall ensure that no fish caught through the use of explosives shall
be issued an Auxiliary Invoice. The LGU personnel