The Supreme Court of the Philippines has affirmed a lower court's decision that permits Mercidar Fishing Corporation, a large-scale fishing company, to operate within municipal waters, traditionally reserved for small-scale fisherfolk. The Court's First Division rejected the appeal filed by the Bureau of Fisheries and Aquatic Resources (BFAR) and the Department of Agriculture (DA), stating that no appeal was filed within the prescribed 15-day period after the initial decision. The Malabon Regional Trial Court's December 2023 ruling allowed Mercidar to fish within the 15-kilometer municipal waters, excluding shallow areas, and also declared certain provisions of the Fisheries Code unconstitutional.
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In December 2023, Malabon RTC Judge Zaldy Docena allowed Mercidar to operate within the 15-kilometer municipal waters except in shallow waters . In other words, the DA and BFAR failed to file the necessary motion for reconsideration in time, paving the way for the lower court’s decision to become immediately final.
Philippines Supreme Court Fishing Municipal Waters Mercidar Fishing Corporation Fisheries Code
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