The Small Fish v.

The Big Fish

Early in the morning before dawn, a group of fisher folk set out to sea to look for their
catch of the day. Reaching their chosen area, they prepared to cast their nets. From
their location, they could see the faint lights of other fishing boats. As they continued
to set up their nets, they heard the distant sound of explosions coming from one of
the boats farther off. Not wanting any trouble, they chose to ignore it and began to
fish.
The fisherfolk continued with their normal routine everyday, while they continue to
hear the sound of explosions from distant boats which even increased as time went
by. As the weeks passed, they noticed that their catch was getting smaller. Most
significantly, they noticed that the corrals where the fish live and breed were slowly
being destroyed, presumably because of the explosions they heard. They knew
something was wrong, and that they needed to report this immediately lest they lose
their only source of income and livelihood.

Questions:
1. What case should be filed in these cases?
In this incident showed a violation of Section 88 “ Fishing through explosives,
noxious or poisonous substance, and/or electricity” of RA 8550 “Philippine Fisheries
Code of 1998, As amended by SEC. 92. Fishing Through Explosives, Noxious or
Poisonous Substance, or Electricity” of RA 10654 an “Act to prevent, deter and
eliminate illegal, unreported and unregulated fishing”

(A) It shall be unlawful for any person to catch, take or gather or cause to be caught,
taken or gathered fish or any fishery species in Philippine waters with the use of
explosives, noxious or poisonous substance such as sodium cyanide, which will kill,
stupefy, disable or render unconscious fish or fishery species: Provided, That the
Department, subject to such safeguards and conditions deemed necessary and with
the endorsement from the concerned LGUs, may allow, for research, educational or
scientific purposes only, the use of poisonous or noxious substances to catch, take
or gather fish or fishery species: Provided, further, That the use of poisonous or
noxious substances to eradicate predators and pests in fishponds in accordance
with accepted scientific practices and without causing adverse environmental impact
in neighboring waters and grounds shall not be construed as illegal fishing.
The discovery of dynamite, other explosives and chemical compounds which
contain combustible elements, or noxious or poisonous substances, or equipment or
device for electrofishing in any fishing vessel or in the possession of any fisherfolk,
operator, fishing boat official or fishworker shall constitute a prima facie presumption
that any of these devices was used for fishing in violation of this Code.
The discovery in any fishing vessel of fish caught or killed with the use of explosives,
noxious or poisonous substances, or by electricity shall constitute a prima
facie presumption that the fisherfolk, operator, boat official or fishworker is fishing
with the use thereof.

2. What pieces of evidence are you needed to successfully prosecute the

case you are going to file?
In filling the case of violation of Section 92 of RA 10654 based on the circumstances
given the following pieces of evidence are needed to prove the said act of the
suspect/s;
Testimonial evidence by witness/ses: Testimony from individuals who had
personal knowledge / witnessed the illegal fishing by using explosives. Their
Testimony should be put in writing through a notarized Sworn Statement their
statement is valuable to corroborate on other evidences.
Photographic or Video Evidence: Documentation of evidence such as
photographs or videos of the said illegal fishing.
Physical Evidence: Physical evidence should be collected, measured, labeled, and
photographed for documentation by an expert authorized to collect, do examinations
and preservation such as:
 Destroyed Corals
 Died fish through explosion
 Fragments of explosive materials (if any)
Expert Testimony: Expert witnesses, environmental experts from (BFAR) Bureau
of Fisheries and Aquatic Resources, can provide professional opinions on the
impact of illegal fishing through explosives activities on the aquatic ecology, the
value of the damages, and the measures on examinations and preservations to
prove that the damages were the result of the said act.
Permit and Licensing Records: Documents of our request for inquiry of License of
the suspected fishing boat for (CFVL) Commercial Fishing Vessel License and
Fishing Gear (CFGL) Commercial Fishing Gear License from BFAR, LGU, and
Barangay. In this way the identity of the owner and the fishermen will be concrete
evidence of the personalities using the boat, if not registered another violation will be
charged.

Chain of Custody Documentation: Chain of custody documentation that tracks the

handling and storage of evidence from the time it was collected to its presentation in
court is essential to ensure the integrity and admissibility of the evidence. By
compiling and presenting these pieces of evidence effectively, prosecutors can build
a strong case against individuals or entities engaged in illegal fishing activities and
increase the successful prosecution.
3. What are the weaknesses in these cases that you need to address?
In prosecuting cases of RA 10654, there are several weaknesses that prosecutors
may encounter and need to address to ensure a successful outcome. Some
common weaknesses in these cases include:
Multi-agency cooperation: In this case cooperation and dedication of every agency
are needed, if one of those softens or does not perform their part because of
different factors might contribute like the culture of the “Kumpare system”, relatives,
corruption and others alike. Those hindrances may result in weak cases that affect
the prosecution. Collaboration with government agencies can enhance the
effectiveness of the legal action.
Influence: In some cases, influence from powerful individuals or entities involved in
illegal fishing activities can hinder the prosecution process. Prosecutors may face
obstacles in pursuing cases against well-connected offenders, requiring them to
navigate political pressures and maintain impartiality.
Lack of Concrete Evidence: One of the primary weaknesses in illegal Fishing
cases is the lack of concrete evidence linking the accused individuals or entities to
the illegal act. Without sufficient evidence such as eyewitness testimony’s personal
knowledge, physical evidence, or documentation, proving guilt beyond a reasonable
doubt can be challenging.
Limited Resources for Investigation: Prosecuting RA10654 cases often requires
extensive budget for investigation, including fieldwork, forensic analysis, and expert
testimony examination paraphernalia. Limited resources, both in terms of funding
and personnel, can hinder thorough investigations and weaken the prosecution's
case.
Challenges in Obtaining Witness Cooperation: Securing witness cooperation in
illegal fishing cases can be difficult due to fear of retaliation, intimidation, or
reluctance to get involved in legal proceedings. Without willing witnesses,
prosecutors may struggle to corroborate evidence and build a strong case.
Legal Technicalities: Legal technicalities in RA10654 and regulations can be
exploited by defense attorneys to challenge the validity of the charges or evidence
presented. Prosecutors must anticipate and address potential legal challenges to
prevent case dismissal or acquittal.
Environmental Impact Assessment: Demonstrating the ecological damage caused
by illegal fishing and quantifying the impact on ecosystems can be challenging.
Prosecutors may need expert testimony and scientific evidence to establish the
environmental damages caused by the illegal activities. By addressing these
weaknesses through investigation, strategic evidence collection, legal expertise, and
collaboration with relevant stakeholders, prosecutors can strengthen their cases and
increase the likelihood of successful prosecution in illegal fishing cases.
4. What are the preparations that you needed in filing the case/s?
In preparing the case to be prosecuted, a strong Multi-Agency dedicated to their task
that will work as a team should be establish and as much as possible to create a
plan to caught in act those suspects in illegal fishing if possible. If not the following
steps will do:

Gather Evidence: Collecting sufficient evidence to support the case is crucial. This
may include photographs, videos, witness statements, documentation of physical
evidence, and any other relevant information that establishes the violation of
RA10654 activities and persons involved.

Documentation: All witness testimonies should take a sworn affidavit to include the
affidavit of the complainant (Agency Mandated on Enforcing the Law)

Consult Legal Experts: Seek advice from legal experts, environmental lawyers, or
prosecutors experienced in handling Aquatic-related cases. They can provide
guidance on the legal aspects of the case, potential charges to be filed, and the
requirements for a successful prosecution.

Identify Responsible Parties: Determine the individuals or entities responsible for

the act. This may involve conducting investigations, gathering intelligence, and
identifying key suspects or organizations involved in the offense.

Secure Witness Testimony: If possible, secure witness testimony from individuals

who have direct knowledge of the illegal fishing activities. Witness statements can
strengthen the case and provide valuable insights into the circumstances
surrounding the offense.

Establish Chain of Custody: Maintain a clear chain of custody for all evidence
collected. Document the handling, storage, and transfer of evidence to ensure its
integrity and admissibility in court.

Review Applicable Laws: Familiarize yourself with the laws, regulations, and legal
provisions that govern RA10654 in the jurisdiction where the offense occurred.
Ensure that the case built on solid legal grounds and complies with all legal
requirements.

Prepare Legal Documents: Prepare a case folder, including complaints, affidavits,

evidence summaries, and any other paperwork required for filing the case. Ensure
that all documents are accurate, well-organized, and in compliance with legal
procedures. By diligently preparing and addressing these key aspects before filing a
case of violation of RA10654, prosecutors can strengthen their legal position, build a
solid case, and increase the chances of a successful prosecution against offenders
engaged in said act.
These are the documents to be submitted;
1. Referral
2. Complaint Affidavit, witness affidavit (joint or individual), affidavit of arrest (if
arrested caught in the act)
3. Spot Report / Dispatch (from Blotter Book from all agencies involved)
4. Documents on request and its documents response from agency requested
5. Expert examination Result Documents on pieces of evidence
6. Request a medical examination of the suspect/s and Medical Certificate of
the suspect (when there is/are arrested and caught in the act)
7. Action photos of the operations

5. Prepare your affidavit or that of the witness you are going to present.
Republic of the Philippines}
__________, __________} SS
x----------------------------------x

AFFIDAVIT OF WITNESS

I, [Mr Muro A Ami, bonafide member of BFAR designated as Law

enforcer 1], of legal age, Filipino, and at [Complete Address], after having been
duly sworn to in accordance with law, hereby depose and state the following:
1. That I am of legal age, competent to testify, and have personal knowledge
of the facts stated herein.
2. That I am executing this affidavit to attest to the Violation of SEC.
92. Fishing through Explosives” of RA 10654 activities witnessed by me on [Date
of Incident] in [Location of Incident].
3. That on the said date, I personally witnessed the following illegal fising
activities: [Provide detailed description of the activities witnessed, including the
individuals involved, the location, and the methods used for illegal fishing and
evidences marked as “exh-1”, exh-2, exh-3….].
5. That I am executing this affidavit to attest to the truth of the foregoing facts
and for whatever legal purpose it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this [Date of Execution] at
[Place of Execution].

[Witness Name and Signature]

Affiant

SUBSCRIBE AND SWORN to before me this _____________, (_____,

Philippines. Affiant exhibited to me his/her valid identification card, and declared to
me that this affidavit is his/her free and voluntary act and deed.

Doc. No. ______:

Page no. _____:
Book no. _____:
Series of 2024
Republic of the Philippines}
__________, __________} SS
x----------------------------------x

JOINT AFFIDAVIT OF WITNESSES

We, [Witness1 Fisher One], of legal age, Filipino, and residing at [Complete
Address], [Witness2 Fisher Two], of legal age, Filipino, and residing at
[Complete Address], [Witness3 Fisher3], of legal age, Filipino, and residing at
[Complete Address], after having been duly sworn to in accordance with law,
hereby depose and state the following:
1. That we are of legal age, competent to testify, and have personal knowledge of
the facts stated herein.
2. That we are executing this affidavit to attest to the illegal Fishing activities by using
explosives witnessed by us on [Date of Incident] in [Location of Incident].
3. That on the said date, We personally witnessed the following illegal Fishing
activities: [Provide detailed description of the activities witnessed, including
boat/vessel and the individuals involved, the location, and the methods used
for illegal fishing].
4. That I am willing to testify in court regarding the illegal fishing activities We have
witnessed and provide further details and evidence to support our testimony.
5. That We are executing this affidavit to attest to the truth of the foregoing facts and
for whatever legal purpose it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this [Date of Execution] at
[Place of Execution].

[Witness Name and Signature] [Witness Name and Signature]

Affiant Affiant

[Witness Name and Signature]

Affiant
SUBSCRIBE AND SWORN to before me this _____________, (_____,
Philippines. Affiant exhibited to me his/her valid identification card, and declared to
me that this affidavit is his/her free and voluntary act and deed.
Doc. No. ______:
Page no. _____:
Book no. _____:
Series of 2024