Criminal law, News, Rules of Court

Fines separate from damages, Tubbataha Reef

The following are the provisions of the Tubbataha Reefs National Park Law that have been violated upon which the fines are based  (computation of the fines under Sec. 20, damage to the reef, are found in the IRR’s);  fines, being penal in nature, are separate from civil damages (actual damages, temperate damages, exemplary damages), costs of suit if any, administrative costs if any; the aggrieved party must expressly claim each of these or expressly make a reservation:

“Sec. 19. Unauthorized Entry, Enjoyment or Use. No person or entity shall enter, enjoy or utilize any portion of the TRNP and the resources therein for whatever purpose without prior permission from the TPAMB as herein provided.

“The TRNP shall be off-limits to navigation, except for activities that are sanctioned by the TPAMB such as, but not limited to, tourism and research. Except in emergency situations, it shall be unlawful to enter the TRNP without prior permission from the TPAMB or the PASu as herein provided. It shall also be unlawful to enter, enjoy or use for any purpose any prohibited management zone. This rule shall similarly apply to the use of vessels, gears and equipment in management zones where such are not allowed.

“Violation of this section shall be subject to imprisonment of not less than six (6) months but not more than one (1) year imprisonment and a fine of One hundred thousand pesos (P100,000.00) but not more than Three hundred thousand pesos (P300,000.00), as may be determined by the TPAMB. If the violator is a commercial fisher/fisherfolk, the penalty shall be imprisonment of not less than one (1) year but not more than three (3) years and a fine of Five hundred thousand pesos (P500,000.00)

“Sec. 20. Damages to the Reef. Damages to the reef shall subject the responsible person or entity to the payment of administrative fines set by the TPAMB based on current valuation standards and to the payment of the cost of restoration.

“Sec. 21. Non-payment of Conservation Fees. It shall be unlawful for any person or entity to enjoy or utilize the TRNP and the resources therein without payment of conservation fees as may be imposed by the TPAMB.

“Violators of this section shall, in addition to the payment of the conservation fee, pay the administrative fine of double the amount of the conservation fee set by the TPAMB for the activity undertaken

xxx

“Sec. 30. Obstruction to Law Enforcement Officer. The boat owner, master, operator, officer or any person acting on his/her behalf, of any vessel who evades, obstructs or hinders any law enforcement officer in the TRNP to perform his/her duty, shall be administratively fined Fifty thousand pesos (P50,000.00). In addition, the registration, permit and/or license of the vessel including the license of the officers thereof shall be cancelled.”

( pertinent  IRR provisions, for computations,  in the next post)

 

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