BFAR 7, represented by JOSEFINA D.

FLORES,
Complainants,
ADMINISTRATIVE CASE No.
-versus- _________
For: Violation of Sec. 86, 89, 90, 100, 121
BENNY DICK BADIANGO of R.A. 10654 (Unauthorized Fishing)
(owner/operator) and NEIL DEMATE
ARABACA (boat captain) of FBCA
Toto Gav,
Respondents.
x--------------------------------------------/

SUMMONS

TO: BENNY DICK BADIANGO

NEIL DEMATE ARABACA
Brgy. Poblacion, Concepcion
Ilo-Ilo City

GREETINGS!

You are hereby required within fifteen (15) days from receipt of this Summons
to file with this Office and serve on complainants your verified Answer, as well as
affidavits of any witnesses, documentaries, official records or otherwise that will
help establish your claims and/or defense/s in this case, to answer the allegations in
the attached Complaint. Failure to do so will be equivalent to a waiver of the
opportunity to submit a verified Answer, and will authorize this Office to

Notice is hereby given that you may avail of the administrative remedies of
settlement offers under Rule 12 of the Rules of Procedure for the Adjudication of
Fisheries Law Cases (RPAC) in relation to Sec. 131.2 of the Implementing Rules and
Regulations of Republic Act No. 10654. Excerpts of the pertinent rules and
regulations are hereto attached for your convenience.

A motion to dismiss is prohibited and shall not be entertained. Any ground

for dismissal should be included in your verified Answer.

FAIL NOT UNDER PENALTY OF LAW.

________________, Cebu City, Philippines.

ATTY. MARY ROSE C. LITUAÑAS

Hearing Officer
cc:
ALLAN L. POQUITA, Ph.D.
Regional Director
BFAR Region Office No. VII
Arellano Blvd., Cebu City
 RULES OF PROCEDURE FOR THE ADJUDICATION OF FISHERIES LAW CASES

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RULE 4

APPEARANCE AND PLEADINGS BEFORE THE COMMITTEE

SEC. 12. Appearance and Withdrawal of Counsel. – A party may represent himself or
maybe represented by a paralegal or counsel of his own choice. The withdrawal of a
paralegal or counsel shall be made in writing and served upon the Committee, the Hearing
Officer or SHP as the case may be.

SEC. 13. Form of Pleadings. – Pleadings shall be written in English or Filipino language
using an easily readable font style of the party’s choice, using a 12-size font and on a 13-inch
by 8.5-inch white bond paper. A party may file a pleading in local language accompanied by
a corresponding translation thereof. Each pleading shall be uder oath and shall contain a
caption, the title of the case, the docket number, and the claims and defenses of the party.
The Committee shall only accept pleadings that conform to the formal requirements of
these Rules.

SEC. 14. Prohibited Pleadings. – The following pleadings or any submission filed or made
under a similar guise or title shall not be allowed:

a. Motion to dismiss;
b. Motion for a Bill of Particulars;
c. Motion for extension of time to file pleadings, affidavits, or any other
submission of similar intent;
d. Motion to declare a party in default;
e. Motion for postponement and any other motions of similar intent;
f. Motion for leave to amend pleadings; and
g. Reply.

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SEC. 17. Manner, Completeness and Proof of Service of Pleadings on Other Parties
to the Action. –

a. Manner of Service. – Except for the initiatory pleading in an adjudicative action,

copies of all pleadings and other papers filed by one party shall be furnished by
said party to the other parties in the action in the manner provided below, with
proof of service. Service of pleadings and other papers shall be made or effected:

(i) By handing a copy thereof to the other party or his authorized agent
in person;
(ii) By leaving a copy at his principal office or regular place of business
with a clerk or some other person in charge thereof;
(iii) By leaving a copy at his dwelling house or residence with some
person of suitable age and discretion then residing therein; or
(iv) By sending a copy thereof addressed to him in a sealed envelope by
registered mail or by courier at his office or residence address, with
instructions to the postmaster or courier to immediately provide
proof of delivery, and obtaining proof of service, or of undelivered,
to return the mail to the sender after ten (10) days.
 If service of pleadings cannot be made through any of the foregoing modes,
the party required to serve shall submit to the Committee proof of failure of service.
Service shall be deemed complete at the time of such submission. Service of pleadings
and other papers to a juridical person shall be made in the same manner as specified
in paragraph (b) of this Section.

b. Completeness of service. – Service shall be deemed complete when:

(i) Personally received by the other party or his authorized agent;

(ii) Received by the clerk or some other person in charge thereof at his
principal office or regular place of business;
(iii) Received by some person of suitable age and discretion then residing at his
dwelling house or residence; or
(iv) Received by him in a sealed envelope or by registered mail or by courier at
his office or residence address or after five (5) days the date he received
the first notice of the postmaster or the private courier, whichever date is
earlier.

c. Proof of service. – Proof of service may consist of a written admission of the

party served, or the official return of the server, or the affidavit of the party
serving, containing a full statement of the date, place and manner of service. It
shall specify the papers served and the name of the person who received them,
and shall be sworn to when made by a person other than the server of the
Committee.

If service I by registered mail or by private courier, proof thereof shall consist

of an affidavit of the person who undertook the mailing stating facts showing
compliance with paragraph (a) (iv) of this Section, and the registry receipt issued by
the mailing office, or any proof of delivery issued by the private courier. The registry
return card or any other proof of delivery shall be filed immediately upon its receipt
by the sender, or in lieu thereof, the unclaimed letter together with the certified or
sworn copy of the notice given by the postmaster to the addressee.

SEC. 18. Service of Orders, Decisions and Other Papers on Paralegal or Counsel. –
When any person has appeared by a paralegal or counsel, service shall be made upon his
paralegal or counsel of record, unless the Committee has ordered the service upon the party
to the case. Where one paralegal or counsel appears for several parties, he shall only be
entitled to one copy thereof.

RULE 5

COMPUTATION OF PERIOD FIXED IN THESE RULES

SEC. 19. Computation of Period. – In computing any period of time prescribed in or

allowed by these Rules, the first day of the period shall be excluded and the last day
included. In case the last day falls on a Saturday, Sunday, or a legal holiday, the deadline for
filing shall be the first working day following the Sunday or legal holiday, as the case may
be. Unless stated otherwise, days mentioned in these rules shall be understood to refer to
calendar days.

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RULE 10

ADMINISTRATIVE ACTION
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SEC. 33. Verified Answer to the Summons. – Within fifteen (15) days from receipt of the
summons, the respondent shall file a Verified Answer stating the following:

(i) Claims and/or defenses of the respondent;

(ii) Legal grounds on which it is based;
(iii) Supporting documents and/or evidence;
(iv) Express consent, if any, of the respondent or his counsel to the electronic
service of papers, orders, decisions and resolutions emanating from the
Committee, Hearing Officer or SHP; and
(v) Such other matters as may be deemed necessary.

In case of (iv) above, the respondent or his counsel, shall state the email address at
which he agrees to accept such service.

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RULE 12

SETTLEMENT OFFERS

SEC. 44. Settlement Offers. – Any person who receives a Notice of Violation, or is subject
of an administrative action, may, at any time, prior to the rendition of a decision or final
order, propose in writing to the Committee, Hearing Officer or SHP, an offer of settlement
under Rule 131.2 of the Implementing Rules and Regulations of the Fisheries Code. An offer
to settle shall be acted upon within fifteen (15) days, otherwise it shall be deemed accepted.

SEC. 45. Form and Content of Settlement Offer. – An offer of settlement shall be in
writing and signed by the person making the offer with an undertaking that the offeror shall
tender the amount offered in cash or check upon approval of the settlement offer.

If the offeror is a juridical person, the proper board resolution certified by the
corporate secretary shall be attached to the offer.

In cases where the offer is denied and appealed to the Secretary, the offeror shall
inform the Committee by furnishing the same of its motion and manifestation of other
proposals.

Subject to the approval of the Committee, properly, such as boat or gear, except a
gear prohibited by fisheries laws, may be offered as form of settlement in lieu of payment of
the fine.

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SEC. 47. Settlement Amount. – The settlement penalty for an offer to settle availed of as
a matter of right within a three-year period shall not be lower than thirty percent (30%) of
the minimum of the imposable penalty prescribed under the law. If such an offer is made
after the filing of an answer or responsive pleading but before a decision is rendered, the
settlement amount shall not be lower than fifty (50%) of the minimum imposable penalty
under the law. The settlement exercised as a matter of right shall be approved by the
Hearing Officer.

SEC. 48. Sale of Vessel. – Settlement as a matter of right can only be availed twice even if
the vessel is sold or has changed ownership during the three (3) year period. The new owner
shall not invoke settlement as a matter of right, if already exercised by the previous owner
within the three-year period.

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IMPLEMENTING RULES AND REGULATIONS OF R.A. 10654

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Rule 131.2. Offer to Settle. – Prior to the commencement of any criminal action in court, the
violation may be subject to an administrative settlement based on a schedule to be
promulgated by the Adjudication Committee; provided, however, that the settlement penalty
shall not be lower than thirty percent (30%) of the minimum of the imposable penalty
prescribed under the law; Provided, further, that the settlement penalty imposed after the
filing of an Answer or responsive pleading but before a decision is rendered, shall not be lower
than 50% of the imposable penalty under the law.

An offender may avail of an administrative settlement as a matter of right, twice within the
three-year period of their license. Thereafter, the acceptance of an offer to settle shall be
decided upon by the Adjudication Committee.

Rule 131.3. Formula in the Computation of Penalties. – In determining the settlement

penalty to be imposed, the following formula shall be used:

Settlement Penalty = (ACTUAL GT ÷ MAX GT) x Compromise Rate x Minimum Penalty

Amount

In case the formula is inapplicable, the rate in Rule 131.2 shall apply.

Rule 131.4. Effect of Entering into a Settlement. – A settlement through the written offer
of the offender, approved by the Adjudication Committee, shall not be considered as an
admission of any liability, provided, that an offer to settle made and accepted after the filing
of an Answer or any responsive pleading, but before the promulgation of judgment, shall
warrant a higher rate.

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