ENVIRONMENTAL groups and local officials in Sta. Fe town on Bantayan Island, Cebu, have raised alarms about a Supreme Court decision that they fear would disrupt the livelihoods of small-scale fishermen in the municipality.
On January 2 this year, the municipality, led by Mayor Ithamar Espinosa, along with Oceana Philippines International, filed a petition asking the SC to reconsider its recent ruling in favor of Mercidar Fishing Corp., a commercial fishing company that now seeks to operate within municipal waters designated for traditional fisherfolk.
The petitioners argue that the SC wrongly upheld a Malabon Regional Trial Court (RTC) decision issued on August 19, 2024, which declared parts of the Fisheries Code unconstitutional.
This ruling allows the commercial firm to fish in municipal waters extending 15 kilometers from the shoreline, traditionally reserved for small-scale fishing.
The petition requests the SC to send the case back to the Malabon RTC, citing serious procedural issues that undermined the validity of the decision.
In its December 11, 2023 ruling, the Malabon RTC struck down vital provisions in the Fisheries Code, including Section 16, which grants municipal governments authority to regulate commercial fishing within 15 kilometers of the shore.
The court also removed a ban on commercial fishing in waters less than seven fathoms deep, which had been a protective measure for small fishermen.
The petitioners assert that the court’s decision was both “haphazard” and improperly fast-tracked.
They criticize the court for disregarding the legislative policies aimed at safeguarding small-scale fisheries and argue that the decision will allow large commercial firms to compete with local fishermen, threatening their already fragile economic situation.
Moreover, the petition points to procedural errors, claiming that Mercidar Fishing Corp. failed to involve essential parties, rendering the entire process invalid.
These flaws, the petitioners contend, violate due process and the principles of fair legal proceedings.
In a media interview, Karlo Rama, executive director of Cebu City’s Bantay Dagat program, highlighted the ruling's repercussions for local communities.
According to Rama, small-scale fisherfolk who rely on traditional, low-tech fishing methods will face competition from large commercial operations that could dominate municipal waters.
He explained that this could leave coastal communities in Cebu City and surrounding areas without enough resources for subsistence.(MyTVCebu)