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Buhay, kabuhayan at Karapatan! Kinse kilometro, Atin 'to!
Buhay, kabuhayan at Karapatan! Kinse kilometro, Atin 'to!
NATIONAL ASSEMBLY OF MUNICIPAL FISHERFOLK
Bulwagang Tandang Sora, UP CSWCD
February 4, 2025
Municipal fisherfolk from various part of the country, with the support of allied NGOs, academe and religious sector, will gather together to show their resolve to defend their rights in light of the recent ruling by the Court allowing commercial fishers to fish within the municipal waters.By law, municipal fisherfolk whose fishing vessel is three gross tons or less, are given the preferential right of access over the 15 km municipal waters in all coastal cities and municipalities in the country. Their life and livelihoods depend on the aquatic and marine resources within the municipal waters which they also manage, conserve and protect with the support of the respective local government units (LGUs).
The Court ruling stemmed from a petition of Mercidar Fishing Corporation (MFC), an operator of large commercial fishing vessel, before the Regional Trial Court (RTC) of Malabon, seeking to declare certain provisions of the Fisheries Code (RA 8550 as amended by RA 10654) and its accompanying implementing rules as unconstitutional. The challenged provisions involve the definition of the 15km extent of the municipal waters and the grant of exclusive access to municipal fisherfolk over the same. Subject to certain conditions small and medium commercial fishers are allowed to fish within 10.1 to 15 km of the municipal water, Hence, MFC under the status quo is excluded and prohibited to operate within municipal waters.
The Bureau of Fisheries and Aquatic Resources (BFAR) was impleaded as respondent in the petition of MCF, being the agency mandated to implement the Fisheries Code and its IRR. Unfortunately, BFAR was declared in default by the RTC of Malabon for failure to file its Answer on time. MFC got a favorable ruling from the said court which, among others, declared the definition of 15 km municipal water as unconstitutional and that the LGUs have no jurisdiction or authority to regulate access over the municipal considering that it is not in accordance with the 1987 Constitution. MCF was granted the relief of being able to operate within municipal waters anywhere in the country as long as the depth is 7 fathoms or more.
The LGUs are prohibited to implement the said provisions and virtually stripped of their jurisdiction and authority to regulate any fishing activities within the 15 km municipal waters. BFAR appealed the ruling before the Supreme Court (SC) but in a Minute Resolution of the First Division, the same was dismissed because it failed to comply with the reglementary period provided under the Rules of Court.
The ruling of the RTC is so wrong and unjust in many respects. It bordered on technicalities and the timeline of its resolution showed its unusual promptness. It lacks legal rigor by on how the allegations of MCF are scrutinized and in terms of how the arguments tested against established legal principles. Thus, last 10 January 2025, Roberto Ballon, Justino Dacillo, Jessie delos Reyes and Erlinda Ferrer, all municipal fisherfolk from different coastal municipalities filed a Motion to Intervene in the Appeal to the SC. This is the only legal remedy left to them. Otherwise, the ruling would have the effect of law to be implemented by the government with dire consequences to all municipal fisherfolk, the LGUs and more importantly to the environment and the future generations.
The Petitioners argue that the Court should set aside technical rules and instead to resolve it on the substantive legal arguments. Petitioners have the legal standing to intervene considering that they are indispensable parties to the case. Such that, whatever outcome of the case would affect their preferential right as municipal fisherfolk.
Effectively, the Mercidar Ruling formalized the intrusion of large-scale commercial fishing vessels within the municipal waters which was never the intention of Congress when it enacted the Fisheries Code. This constitutes an amendment of the law that unabashedly oversteps the boundaries of the constitutional principle of separation of powers. The net effect is a wholesale and arbitrary disempowerment of the LGUs and the communities as well. Legally, it would render many provisions of the Fisheries Code and other related laws such E-NIPAS and LGC of 1991 useless. This is a grievous harm not only to the petitioners and other municipal fisherfolk but to the constitutional principles that even the judiciary commits to uphold through the proper conduct of judicial review.
The Fisheries Code is not only an environmental law, but significantly a social legislation that aims to alleviate the poverty conditions in the fisheries sector, notably among municipal fisherfolk. The preferential access to municipal waters granted to municipal fishers aims to insulate them from the competition posed by the effective fishing gear and huge fishing vessel and enable them to have a secured tenure over the use, conservation and management of the fishery resources.
Lastly, the Mercidar Ruling poses significant changes in the fishing industry landscape across the country, with its pervasive adverse impact on the already depleting economic resources and strenuous daily struggles faced by Filipinos and millions of municipal fisherfolk and their families.
These recent developments indicated a heightened engagement from commercial fishing sector in terms of challenging the current fisheries law. Also, as respondent from the Government, DA-BFAR’s actions through the Solicitor General (SG) in the earlier RTC decision were both delayed and inadequate. Despite the gravity of the case, DA-BFAR and SG failed to submit a timely response in the Mercidar Case, resulting in the situation we are in now.
But beyond the imperative for an effective legal defense for the rights of the municipal fisherfolk and protection of the environment, there is need to launch a sustained national campaign and direct action given the current political developments and governance issues in the fishery sector.
Thus, on 4 February 2025 a National Assembly of Municipal Fisherfolk will be conducted designed to coordinate responses of the municipal fisherfolk sector, and strengthen their unity to pursue a common goal, specifically:
1. For municipal fishers to better position themselves by coordinating efforts and amplify their voices as united sector in the protection and assertion of their rights over the municipal waters
2. Come up with common agenda and concrete resolutions in response to current challenges and threats affecting their lives and livelihoods,The venue of the National Assembly will be at the Bulwagang Tandang Sora, UP College of Social Work and Community Development (UP CSWCD). The following are the target participants:
PARTICIPATING MUNICIPAL FISHERS’ ORGANIZATIONS:
National Anti-Poverty Commission - Artisanal Fisherfolk Sectoral Council (NAPC-AFSC)
PAMALAKAYA-Pilipinas (National Federation of Small Fisherfolk Organizations in the Philippines)
KKAMPi (Katipunan ng mga Kilusan ng mga Artisanong Mangingisda sa Pilipinas - Philippine Coalition of Artisanal Fishers Movement)* PKSK- Pambansang Katipunan ng mga Samahan sa Kanayunan (National Union of Rural Based Organization)
* PANGISDA -Pagkakaisa ng mga Samahan ng Mangingisda
* SAMAMA-AMA Samahan ng mga Maliliit na Mangingisda Aniban ng Manggagawa sa Agrikultura
* PAMANGKA-PAKISAMA Pambansang Kilusan ng mga Samahang Magsasaka at Mangingsda (National Movement of Organized Farmers and Fishers)
* PATHS Philippine Alliance of Tuna Handliners for Sustainability – PATHS
* Tanon Strait Fisherfolks Alliance
* Visayan Sea Fisherfolks Alliance
PARTICIPATING PARTNER ORGANIZATIONS:
University of the Philippines - College of Social Work and Community Development (UP-CSWCD)
NGOs for Fisheries Reform (NFR)
* BALAOD Mindanaw
* Center for Empowerment and Resource Development (CERD)
* John J Carrol Institute on Church and Social Issues (ICSI)
* Institute of Social Order (ISO)
* Philippine Rural Reconstruction Movement (PRRM)
* Sentro para sa Ikauunlad ng Katutubong Agham at Teknolohiya (SIKAT)
* Tambuyog Development Center (TDC)
Philippine Movement for Climate Justice (PMCJ)
Philippine Misereor Partnership, Inc
RARE Philippines
Pambansang Katipunan ng mga Kababaihan sa Kanayunan (PKKK) - (National Rural Women Coalition)