MANILA, Philippines — Fisherfolk and environmental groups assailed the Supreme Court ruling on striking down provisions on restrictions on allowing commercial fishing corporations to operate within municipal waters.
In a 28-page plea filed before the high court on January 2, the petitioners, led by Oceana Philippines International, filed a petition in intervention challenging the August 19 resolution of the Supreme Court allowing Mercidar Fishing Corp. to operate within municipal waters usually reserved for small fisherfolk.
The petitioners ask the high court to review and overturn the August resolution and to remand the case to a Regional Trial Court for proper trial.
They also asked the Supreme Court to require the opposing party to include all relevant parties in the case and allow concerned citizens to participate in the legal proceedings.
Arguments
The petitioners expressed dismay over the Supreme Court’s declaration of certain provisions of the Fisheries Code as unconstitutional.
“Crucial environmental protections and statutory powers that have been in place for almost three decades are too painful a loss, for themselves and for generations of future Filipinos, for the Petitioners to now keep silent,” the petition read.
They argued that the Regional Trial Court where the case was originally first tried violated due process, as it did not include all concerned parties such as fisherfolks or a single local government unit.
The petitioners emphasized that this court ruling could have serious negative consequences. They warned that it could lead to increased overfishing, which would severely damage the health of our oceans and the marine life within them.
“The constitutional questions raised affect the enforcement of the Fisheries Code as its enforceability is brought to the fore. Being an environmental case, intervention under the third-party doctrine is therefore not only permissible but necessary considering that it will disproportionately affect at least 87 million Filipinos,” the petition read.
Effects
The fisherfolk organization PAMALAKAYA pointed out that the Supreme Court ruling would give large fishing companies free rein in coastal areas.
They warned that these companies, with their powerful boats and advanced fishing equipment, could quickly catch huge amounts of fish, leaving very little for small-scale fishermen who rely on these waters for their livelihoods.
“Even before the Court’s decision, commercial fishing vessels are already operating extensively in municipal waters, which is one of the reasons small-scale fishers are experiencing losses,” Ronnel Arambulo, PAMALAKAYA’s vice chairperson said in a statement.
According to the Philippine Statistics Authority, a significant proportion of fisherfolk, 30.6% in 2021, live in poverty. This figure consistently places them among the most impoverished sectors in the country, alongside farmers.
Large quantities of fish caught by commercial fishing companies may result in overfishing which may have long-term consequences, according to Wilfredo Campos, Scientist from OceanBio Lab, College of Arts and Sciences of the University of the Philippines Visayas.
“Fishing is a privilege of every Filipino, but it comes with responsibilities. The state needs to ensure equity among user groups and stakeholders while safeguarding adequate resources to support livelihoods,” Campos said in a statement.
Campos further noted that research conducted since the 1980s has revealed that many of the country’s traditional coastal fishing grounds are overfished.
He emphasized that many of these areas require a 40 to 60% reduction in fishing activity compared to levels seen in the 1980s to ensure the long-term sustainability of fish populations.
“This decision exacerbates an already dire situation, threatening not only marine biodiversity but also the food security of millions of Filipinos,” he said. — with reports from Cristina Chi
Be the first to comment