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Enforcement Best Practices in Cortes. History. Before, out 63 cases, 60 were all dismissed only 3 prospered In the year 2006 till present 100 percent of the cases filed prospered (all of them plead guilty). Strength of Enforcement of LGU Cortes. Enforcers were oriented/trained
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History • Before, out 63 cases, 60 were all dismissed only 3 prospered • In the year 2006 till present 100 percent of the cases filed prospered (all of them plead guilty)
Strength of Enforcement of LGU Cortes • Enforcers were oriented/trained - Marine Ecology - CRM - Fishery laws ( National- RA 8550 & Local – Municipal Ordinance - Boarding procedures - Handling of evidence • Created Municipal Enforcement Action Team (EO)
Created Municipal Enforcement Action Team (EO) • Provided all support on the enforcement - Patrol boats and other monitoring equipments - Maintenance - Incentives to enforcers - Budget for court litigations - Insurance benefits/Philhealth
Weaknesses • Ordinance enacted imposed lower penalty
Surveillance & Detection We conducted sea-borne patrol once a week only We have 3 hotline numbers ( Mayor, MAO and Me ) Fishers are our intelligence ( cellphones )
Arrest • Boarding procedure • Handling of evidence • For dynamite & dynamited Fish • Conduct fish examination/attached the examination report with pics • Send a letter request to the Fiscal for the examination of the Dynamite • Dynamite should be examine by the explosive department and attached the examination report to the case.
Prosecution • Major cases and third offenses will be filed in court ( National law – RTC, Municipal Ordinance – MCTC )
Judgment • At present all of the violators were convicted but they availed lower sanctions because they plead guilty
Top tips for enforcement: • Select personnel you can trustin the operation • Communication must be accessible anytime • Orient the group that always ready for anytime operation • Preparation of enforcement plan is good but for the tough operation it must be swift that even your members don’t know where to go • Don’t take off within the hot spot area.
Don’t follow the rules of engagement in enforcing the law in the sea • Be authoritative • Don’t use patrol boat in the tough/special operation • Aside from underwater camera and GPS, bring also 2 sets of diving gears • Use high tide and low as your basis in the operation
For MPA: • Don’t stay in the guardhouse if you want apprehensions • Always blotter all intrusions happen within the NTZ ( apprehended or not apprehended) • Gather any evidences if you apprehending violators • Use logbooks
To be successful in the Coastal Law enforcement, there are things to consider: - Capacity of the enforcers - Political will - Community participation