Coastal towns oppose SC ruling allowing big fisher in municipal waters

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MANILA, Philippines – Coastal towns across the Philippines stand in defense of small fisherfolk, calling for the reversal of the Supreme Court (SC) First Division ruling allowing a commercial fishing operator within the 15-kilometer municipal water zone.

Since the ruling was reported in December, several provincial and municipal governments have asserted their authority over municipal waters.

“Habang ako ay mayor ng munisipyong ito, kahit pa maging final and executory ‘yan, hindi ako papayag,” Romblon Mayor Gerald Montoya said in a summit with fisherfolk associations and advocacy groups on Thursday, March 20.

(While I’m still mayor of this municipality, I will not allow this to happen even if the decision becomes final and executory.)

More leaders echo this sentiment and earlier released their own resolutions.

Bohol Governor Aris Aumentado emphasized their jurisdiction over town waters in light of the SC ruling. Negros Occidental Governor Eugenio Jose Lacson spoke about how the decision would affect fishers across 25 coastal towns in his province.  

Meanwhile, towns along Samar bays and channels “expressed grave concern” over the ruling and urged the high court to reconsider its decision.

Municipalities in Surigao del Sur resolved to file a petition to intervene in the case. In January, fisherfolk organizations, environmental and conservation groups filed their own petitions asking the SC to let them be part of the litigation.

What are they reacting to? To recall, the SC First Division affirmed a 2023 ruling of the Malabon Regional Trial Court (RTC), which permitted Mercidar Fishing Corporation to fish within the 15-kilometer municipal water zone and declared certain provisions of the Fisheries Code unconstitutional.

The RTC ruling did not only declare unconstitutional small fishers’ preferential access to municipal waters, but local governments’ jurisdiction over town waters as well.

UP EARLY. A fisherman prepares his pangal by attaching fish bait inside the cage before heading out to fish one early morning. Photo by Erwin Mascariñas/Rappler

Overfished waters

Fisherfolk, about two million strong in the country, are among the poorest sectors. Poverty incidence of fisherfolk is at 30.6%, the highest in 2021.

Leo Logronio of the Fisherfolks Association of Tinigban in Carles described their situation as “extremely sad and painful.”

“Kung ‘yung pangisdaan papasukin ni commercial, ano pa po ba ang dadalhin natin sa lokal na merkado?” Logronio said on Thursday.

“Tayo lang po ang nag-su-supply ng murang isda sa mga kasama natin na hindi makabili ng mamahaling isda,” he added.

(If commercial operators will enter our fishing grounds, what will small fishers bring to the local markets? We’re the ones who supply affordable fish to those who cannot buy more expensive fish.)

PETITION. Fisherfolks from the Katipunan ng mga Kilusang Artisanong Mangingisda sa Pilipinas (KKAMPI) and Fisheries Reform Inc., troop to the Supreme Court to file a petition on January 10, 2025.

More than 800,000 households rely on fisheries. And from 2012 to 2022, this number only increased. Data from the Bureau of Fisheries and Aquatic Resources (BFAR) in 2022 showed municipal fisheries yielding more produce than commercial fisheries.

Only 15% of the Philippines’ marine waters are municipal waters. This means commercial operators are allowed to fish in the rest.

Scientists have pointed out that shallow waters (up to 50 meters deep) are the richest fishing grounds because of abundant sunlight and nutrients.

But not only are small fishers contending commercial operators with catch and territory, they are doing so in waters already overfished.

Fisheries expert Wilfredo Campos showed the consistent decline in fish stocks from 2010 to 2023, in a forum last January gathering of Filipino marine scientists.

Campos referred to government data from the Department of Agriculture’s (DA) National Stock Assessment Program.

It is the “longest in history and indicative of continuing decline,” Campos said in his presentation. Fishing grounds are already strained “even without the added pressure of larger, more efficient fishing gears in shallow waters.”

A case study in the Visayan Sea showed that a 1% increase in commercial fishing effort would result in 500 municipal fishers displaced.

An environmental case

Local leaders, councils, and groups await if they will be allowed by the SC to intervene.

They are pinning their hopes on “progressive” environmental law. The 2010 Rules of Procedure for Environmental Cases, in particular, allows citizens to file for intervention by invoking environmental rights, even if they are not directly affected. This applies to civil society groups who cannot claim direct injury, unlike fishers and local governments of coastal towns.

“Pwedeng pakialamanan ‘yan ng citizen, pwede talaga pumasok ‘pag environmental law ang pinag-uusapan at pag-fight for their environment rights,” Liza Osorio, director at conservation group Oceana Philippines, said on Thursday.

(Citizens can be involved, they can intervene especially if it’s environmental law that we’re talking about and their fight for their environmental rights.)

Osorio, an environmental lawyer, cited scientists’ and government data showing that majority of fishing grounds are overfished.

“Kung i-a-allow natin ito, makakasira sa ating karagatan at sa ating mga resources,” added Osorio. (If we allow this, this will damage our seas and our resources.)

The DA and BFAR have asked the SC to reconsider the ruling but there has been no development yet as of writing.

– Rappler.com