HIZON VS CA - Case Digest - May-25-2017.docx

HIZON VS CA - Case Digest - May-25-2017.docx - G.R No...

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G.R. No. 119619. December 13, 1996 HIZON VS CA PUNO, J.: DOCTRINES : (1) The offense of illegal fishing is committed when a person catches, takes or gathers or causes to be caught, taken or gathered fish, fishery or aquatic products in Philippine waters with the use of explosives, electricity, obnoxious or poisonous substances. The law creates a presumption that illegal fishing has been committed when: (a) explosives, obnoxious or poisonous substances or equipment or device for electric fishing are found in a fishing boat or in the possession of a fisherman; or (b) when fish caught or killed with the use of explosives, obnoxious or poisonous substances or by electricity are found in a fishing boat. Under these instances, the boat owner, operator or fishermen are presumed to have engaged in illegal fishing. However, this presumption is merely prima facie. It cannot, under the guise of regulating the presentation of evidence, operate to preclude the accused from presenting his defense to rebut the main fact presumed. At no instance can the accused be denied the right to rebut the presumption. (2) Search and seizure without search warrant of vessels and aircrafts for violations of customs laws have been the traditional exception to the constitutional requirement of a search warrant. FACTS: In September 1992, the PNP Maritime Command of Puerto Princesa City, Palawan received reports of illegal fishing operations in the coastal waters of the city. In response to these, the city mayor organized Task Force Bantay Dagat to assist the police in the detection and apprehension of violators of the laws on fishing. A report was received by the Task Force Bantay Dagat that a boat and several small crafts were fishing by muro ami within the shoreline of Barangay San Rafael of Puerto Princesa. Task Force Bantay Dagat immediately proceeded to the area and found several men fishing in motorized sampans and a big fishing boat identified as F/B Robinson within the seven-kilometer shoreline of the city. They boarded the
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  • Fall '19
  • Fourth Amendment to the United States Constitution, Fishing, PETITIONERS, Fisherman

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