Thread:Comments:US Navy ship damages Tubbataha Reef National Park/Fines and Penalties under Sec.19 and 26 of R.A. 10067

I think there may have been a confusion between the cost of the fine for the estimated fine per square meter from 2005 with the Rainbow Warriors incident and the current law which was passed in 2009. It was stated as PhP 12,000 per square meter only:

I quote the following sections under R.A. 10067 or Tubbataha Reefs Natural Park (TRNP) Act of 2009:


 * 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.cralaw
 * 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.cralaw


 * 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).
 * 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. 26. Hunting, Catching, Fishing, Killing, Taking, Gathering, Removing, Destroying, Disturbing or Possessing Resources. It shall be unlawful for any person to actually or attempt to hunt, catch, fish, kill, take, gather, remove, destroy, disturb or possess any resource, whether living or nonliving, or products derived therefrom. The unauthorized entry of a vessel in the TRNP shall be prima facie evidence of violation of this section.
 * Sec. 26. Hunting, Catching, Fishing, Killing, Taking, Gathering, Removing, Destroying, Disturbing or Possessing Resources. It shall be unlawful for any person to actually or attempt to hunt, catch, fish, kill, take, gather, remove, destroy, disturb or possess any resource, whether living or nonliving, or products derived therefrom. The unauthorized entry of a vessel in the TRNP shall be prima facie evidence of violation of this section.


 * g. Where the violations of this section are not covered by the preceding paragraphs, the penalty shall be imprisonment of three (3) years to six (6) years; fine of not less than One hundred thousand pesos (P100,000.00) but not more than Three hundred thousand pesos (P300,000.00); and forfeiture of the catch, equipment, gears and vessels; and cancellation of permit that makes it possible for the offender to commit the offense. The TPAMB shall also impose administrative fine ranging from Three hundred thousand pesos (P300,000.00) to One million pesos (P1,000,000.00); and confiscation and forfeiture of catch, equipment, gears and vessels.
 * g. Where the violations of this section are not covered by the preceding paragraphs, the penalty shall be imprisonment of three (3) years to six (6) years; fine of not less than One hundred thousand pesos (P100,000.00) but not more than Three hundred thousand pesos (P300,000.00); and forfeiture of the catch, equipment, gears and vessels; and cancellation of permit that makes it possible for the offender to commit the offense. The TPAMB shall also impose administrative fine ranging from Three hundred thousand pesos (P300,000.00) to One million pesos (P1,000,000.00); and confiscation and forfeiture of catch, equipment, gears and vessels.

However, due to the complications of the RP-US Visiting Forces Agreement this law may or may not be implemented at full force or even not at all. (see link for the contents of the RP-US VFA)

Sources:

http://www.chanrobles.com/republicacts/republicactno10067.php#

http://www.chanrobles.com/visitingforcesagreement1.htm#.UPrPIh1wquk