The Supreme Court's decision permitting commercial fishing in municipal waters has ignited fury among Filipino fisherfolk organizations. They argue that this ruling contradicts the Philippine Fisheries Code and jeopardizes the livelihoods of small-scale fishers.
The Federation of Free Farmers (FFF) and Magsasaka Partylist (MPL) expressed dismay over the Supreme Court ruling allowing commercial fishing in municipal waters, which allegedly violates provisions in the Philippine Fisheries Code.The two groups admonished the Bureau of Fisheries and Aquatic Resources (BFAR), and the Department of Agriculture (DA) for 'sleeping on the job' and failing to appeal the court decision.On Dec.
20, 2024, the Supreme Court First Division upheld a 2023 Malabon Regional Trial Court (RTC) decision on the petition of the Mercidar Fishing Corp. to fish within the 15-kilometer municipal waters, an area reserved for small fisherfolk, except in shallow waters (less than 7 fathoms deep).In a prior resolution on Aug. 19, 2024, the same division denied a petition by BFAR and DA for certiorari assailing the RTC's decision. Certiorari is a legal remedy used to review another court's decision for grave abuse of discretion.Leonardo Montemayor, FFF board chairman and MPL first nominee, suggested a bill be filed and passed in Congress to address this 'grave injustice and economic injury' to small fisherfolk. Montemayor, who was agriculture secretary in 2001-2002 and a peasant sector representative in the 10th Congress, co-authored Republic Act (RA) 8550, or the Philippine Fisheries Code of 1998, later amended by RA 10654.'The Fisheries Code clearly limits fishing from the municipal shorelines up to 15 kilometers in favor of municipal fishers. On a case-to-case basis only, a commercial fisher may be allowed starting at the 10.1-mark upwards, provided he meets the following conditions: water depth of at least 7 fathoms, use of sustainable fishing methods, prior consultation with artisanal fisherfolk and other stakeholders, and no previous violation of Philippine laws,' Montemayor sai
COMMERCIAL FISHING MUNICIPAL WATERS SUPREME COURT FISHERFOLK PHILIPPINES
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