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• Hearing Officers

reception of all pleadings, except the initiatory


pleading or complaint;
service of summons, subpoena and other
processes; reception and evaluation of
evidence;
review of records for completeness prior to
submission to the Adjudication Committee for
decision;
 and such other responsibilities that the
Committee may assign.
• Prohibition: (regulation, licensing or enforcement. )
SUBSTANTIAL REQUIREMENTS
UPON APPREHENSION
NOTICE OF PROOF OF
SEIZURE RECEIPT
VIOLATION RECEIPT
(Rule 133.2)
(NOV) (Rule 133.3) (Rule 133.2)

Contents: Contents:
Contents:
1.Offense committed 1. Fact that the
1. Inventory of fish,
Imposable penalties offender was issued a
fishery species or
(NOV) and a Seizure
aquatic resources that
2. Fact that he will be Receipt duly signed
are subjects or
charged by the offender.
proceeds of the
administratively
offense committed
before the 2. Fact that the
Adjudication offender refuses to
2. Inventory of the
Committee sign the receipt, as
fishing equipment,
the case may be,
paraphernalia and
3. Fact that Offer of attested to by the
gears that may be
Settlement is available authorized
confiscated as
in accordance with the representative of the
provided for by law
law. Bureau and a witness

*The NOV, Seizure Receipt and Proof of Receipt shall be issued and signed by the
authorized representative of the Bureau. In addition, the Seizure receipt must be signed by a
witness. (Rule 133.2)
LAW ENFORCER
• Notice of Violation (NOV)
• issued to the offender, owner on record of the vessel or gear.
• specifically the mention the provision/s of Fishery Laws
violated
• shall inform the apprehended party that he will be charged
administratively before the Adjudication Committee and that
he may offer a settlement in accordance with the Fishery Laws.
Provided, that upon offer and acceptance of an offer to settle,
the offender will not be administratively charged before the
Adjudication Committee.
• *Compliance with these requirements must be shown in the
NOV and must be duly signed by the person to whom it was
issued.
• Seizure Receipt
• shall be issued to the offender together with the
NOV containing an inventory of fish, fishery
species or aquatic resources that are subjects or
proceeds of the offense committed and all
fishing equipment, paraphernalia and gears that
may be confiscated as provided for by law.
• It shall also include the product name, its
quantity and the estimated market value of each
seized item.
• Such receipt shall be signed by the authorized
representative of the Bureau and a witness.
• Proof of Receipt,
• attesting to the fact that the offender was
issued a NOV and a Seizure Receipt, shall
likewise be prepared by the authorized
representative of the DA-BFAR, for the
signature of the offender; Provided that, if the
offender refuses to sign the receipt, such fact
shall be indicated in the document and
attested to by the authorized representative
of the Bureau and a witness.
• The Inventory of the Crew/ Fisherworks Report must
contain the offenders’ full name, age, nationality,
license number and its expiration date and
complete address. It must be dated and duly signed
by the apprehending officer, offenders and a
witness.
• A copy of the Vessel’s License Certificate must
secured, otherwise an Affidavit shall be executed to
justify its absence. The determination of the fishing
vessel name, its approximate gross tonnage, and its
ownership must likewise be shown in the affidavit.
REQUIREMENTS BEFORE
FORWARDING THE CASE TO THE
ADJUDUCATION COMMITTEE
SECRETARIAT
• Notice of Violation (NOV) issued by the BFAR apprehending
officer stating the offense committed, the administrative
penalties prescribed by law and the option of the offender to
avail of administrative settlement prior to filing of an
administrative or a criminal case (Rule 131.2 and 133 of the
Implementing Rules and Regulations (IRR) of R.A. 8550 as
amended by R.A. 10654 or the Fisheries Code);
• Seizure Receipt, if any, signed by the apprehending offender
and a witness issued to any of the three highest officers of the
fishing vessel or owner/operator (Rule 133.2);
• Proof of receipt of the NOV and Seizure Receipt (Rule 133.2)
• Signed Inventory of the Crew and Fishermen;
• Spot Report/ Apprehension Report detailing the acts and/or
omissions of the offender constituting the offense for which the
NOV was issued and the exact location where the offense was
committed;
• If the person filing the complaint is not a BFAR personnel
verified Complaint with statement of the acts/omissions
constituting the offense charged, the persons liable and the
offense/s committed, documents supporting the complaint,
and investigation report signed by the FMRED recommending
the filing of an administrative case;
• Minutes of the Preliminary Conference signed by the Hearing
Officer and persons present thereat;

• Signed Written Offer of Settlement, if any;
• Proof of vessel gross tonnage and ownership, if
there’s any;
• Vessel Fishing License from BFAR or LGU and
Registration from the Maritime Industry
Authority or LGU, if there are any;
• Recommendation containing a brief narration of
the facts of the case, the violation/s with its
corresponding administrative penalty and
detailed computation of settlement offer if
there’s any, procedures conducted and the
recommended action to be taken.
INVESTIGATION
PROCEEDINGS
VERIFIED COMPLAINT from any
person or at the instance of Bureau
through its law enforcement officers

INVESTIGATION
(determination of the
existence of prima
facie)

TERMINATE FILING OF ADMINISTRATIVE COMPLAINT with


INVESTIGATION certification of non-forum shopping
1.Without prima facie
case (Within 3 days upon termination of the investigation)
2. Lack of jurisdiction
1. With prima facie case
ADMINISTRATIVE ACTION (VIOLATION
OF FISHERIES LAW)
VERIFIED COMPLAINT
accompanied by Affidavits and
Documentary evidence such SUMMONS to file verified
as Notice of Violation, Seizure VERIFIED ANSWER
answer within 15 days
Receipt , Proof of Service and
Offer of Settlement if opted to

CLARIFICATORY
CONFERENCE SUPPLEMENTAL
PLEADING DECISION OF THE
Motu Propio of the
Upon the approval of ADJUDICATION
Committee, Hearing Officer
or SHP or Upon motion of a Committee, Hearing Officer COMMITTEE
party or Special Hearing Panel

APPEAL TO THE APPEAL TO COURT OF


MOTION FOR APPEALS then to THE
RECONSIDERATION within SECRETARY within 15 SUPREME COURT
fifteen (15) days from days from the receipt of the
receipt of the decision adverse decision, then to
OFFICE OF THE
PRESIDENT
ADJUDICATIVE ACTION (DETERMINATION OF RIGHTS
AND PRIVILEGES AND/OR THE GRANT OF RELIEFS
UNDER FISHERIES LAWS;
Verified Complaint, Protest,
Adverse claim or Petition and SUMMONS to file
Payment of the Appropriate Fees
accompanied by any relevant verified answer within
VERIFIED ANSWER
documents, affidavits of witnesses, 15 days from the
certificate of non-forum shopping receipt thereof
and other evidence

SUPPLEMENTAL CLARIFICATORY
PLEADING CONFERENCE
PRELIMINARY CONFERENCE Motu Propio of the
Upon the approval of
withinfifteen (15) days after an Committee, Hearing Committee, Hearing
answer is filed or upon expiration Officer or Special Officer or SHP or upon
of the period to file the same Hearing Panel motion of a party

VERIFIED POSITION
PAPER MOTION FOR
DECISION OF THE RECONSIDERATION
Within fifteen (15) days from ADJUDICATION within fifteen (15)
receipt of the order COMMITTEE days from receipt of
terminating the preliminary the decision
conference

APPEAL TO THE
SECRETARY within 15 APPEAL TO THE
days from the receipt of COURT OF
the adverse decision, APPEALS then to the
then to OFFICE OF THE SUPREME COURT
PRESIDENT
MOTION TO RELEASE THE
IMPOUNDED FISHING VESSEL
• If the vessel is Philippine-flagged, the owner
thereof shall submit an affidavit of
undertaking that the respondent shall
produce the vessel when required by the
Committee, Hearing Officer or SHP and that
the vessel shall not be used to commit
illegal, unreported and unregulated fishing.
However, no motion to release shall be
granted to an unregistered and/or
unlicensed fishing vessel.
If the vessel is foreign-flagged, the respondent
shall post a cash, property or surety bond
equivalent to 200% of the maximum
imposable penalties.