Use of explosives, electricity, etc. to catch fish: ILLEGAL under PD 704

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 the 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 of fishermen are presumed to have engaged in illegal fishing. [G.R. No. 119619. December 13, 1996]