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PRESIDENTIAL DECREE NO. 1698
PRESIDENTIAL DECREE NO. 1698 -
AMENDING CERTAIN PROVISIONS OF PRESIDENTIAL DECREE NO. 1219 DATED
OCTOBER 14, 1977, PROVIDING FOR REEXPLOITATION, EXPLOITATION,
UTILIZATION AND CONSERVATION OF CORAL RESOURCES
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WHEREAS,
coral resources are known to exist beneath territorial waters and in
the marine economic zone of the Philippines; chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
WHEREAS, it is necessary that the exploration, exploitation,
utilization and conservation of these resources be properly regulated
to insure the preservation of the country's marine environment;chanroblesvirtualawlibrary
WHEREAS, conservation of ordinary corals is necessary for the
preservation of the natural breeding ground, habitat or abode of fishes
and other marine organisms;chanroblesvirtualawlibrary
WHEREAS, ordinary corals are natural protection of the shore and
adjacent infrastructure against destructive effects of wave erosion;chanroblesvirtualawlibrary
WHEREAS, there is a need to fully implement the policies established in
Presidential Decree No. 1219; and
WHEREAS, it is necessary to reorient these policies with the realities
and conditions of our coral reef resources.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree:cralaw:red
Section 1. Section 4 of Presidential Decree No. 1219
dated October 14, 1977, is hereby amended to read as follows:cralaw:red
"Sec. 4. Implementing Agency. — This Decree shall be
implemented by the Bureau of Fisheries and Aquatic Resources, who shall
have jurisdiction and responsibility in the exploration, exploitation,
utilization and conservation of coral resources."
Section 2. Section 5 of the same Decree is hereby
amended to read as follows: chanroblesvirtualawlibrary
"Sec. 5. Ordinary Coral. — The gathering, harvesting,
collecting, transporting, possession, sale and\or exporting of ordinary
corals either in raw or processed form in any quantity, is prohibited.
The use of corals as materials in buildings and other man-made
structures, such as but not limited to piers, dams, and dikes, is
likewise prohibited."
Section 3. Section 6 of the same Decree is hereby
amended to read as follows:cralaw:red
"Sec. 6. Gratuitous Permit. — The Minister of Natural
Resources may issue a gratuitous permit to duly established and
recognized research and educational institutions to gather in limited
quantities any coral for scientific or educational purposes only."
Section 4. Section 7 and 8 of the same Decree is
hereby amended to read as follows:cralaw:red
"Sec. 7. Special Permit. — The Minister of Natural
Resources may issue a special permit to only one person\corporation for
a limited period to conduct experimental collection of precious and
semi-precious corals.
The applicant for a special permit must be a Filipino citizen, or a
corporation, at least seventy (70%) per cent of the capital stock of
which is owned or controlled by Filipinos. chanroblesvirtualawlibrary
Vessels to be used for such operations shall be of Philippine Registry.
Provided, That if foreign vessels are used, prior clearance from the
government agencies concerned shall first be obtained."
Section 5. Section 11 of the same Decree is hereby
amended to read as follows:cralaw:red
Sec. 11. Penalties. — Any person gathering precious
or semi- precious corals without any permit shall, upon conviction, be
punished by imprisonment of not less than sixty (60) days nor more than
six (6) years or a fine of not less than Six Thousand Pesos
(P6,000.00), or both, at the discretion of the Court. Likewise, any
person gathering, harvesting, collecting and\or using ordinary corals
either in raw or processed form in violation of Section 5 hereof,
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 Pesos (P3,000.00), 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. "
Section 6. Section 13 of the same Decree is hereby
amended to read as follows: chanroblesvirtualawlibrary
"Sec. 13. Transitory Provisions. — All possessors of
existing coral stocks gathered prior to the effectivity of this Decree
are required to dispose all their existing stocks within fifteen (15)
days from the date of effectivity of this Decree." chanroblesvirtualawlibrary
Section 7. Enforcement. — The PC\INP, Philippine
Navy, Philippine Coast Guard and the Bureau of Customs shall assist the
Bureau of Fisheries and Aquatic Resources in the effective enforcement
of the provisions of this Decree.
Section 8. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 22nd day of May, in the year of Our Lord, nineteen hundred and
eighty.
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