Constitutional framer, Cardinal David challenge court ruling allowing commercial fishing in municipal waters
BAGUIO CITY, Benguet — Constitutional framer Christian Monsod and Cardinal Pablo Virgilio David, president of the Catholic Bishops’ Conference of the Philippines, have filed a petition before the Supreme Court seeking to overturn a lower court ruling that they say endangers the exclusive fishing rights of small-scale fishers in municipal waters.
Monsod and David have jointly filed a petition before the Supreme Court in Manila on Thursday, April 24, seeking to overturn a ruling that would permit commercial fishing within the crucial 15-kilometer zone reserved for small-scale fishermen.
Along with David and Monsod is lawyer Grizelda Mayo-Anda, an environmental lawyer and advocate for coastal communities.
The 55-page petition assailed a December 2023 decision by the Malabon Regional Trial Court (RTC), which invalidated key provisions of the Fisheries Code.
The RTC ruling struck down local government jurisdiction over these near-shore waters and eliminated the legal mandate prioritizing access for small-scale fishers
The petitioners contend that the RTC decision, if allowed to stand, would dismantle fundamental constitutional and statutory safeguards designed to protect marginalized fisherfolk from the encroachment of large commercial fishing operations.
“Allowing commercial vessels to operate within municipal waters jeopardizes the livelihoods of thousands of subsistence fishers and accelerates the depletion of already fragile fish stocks,” the petitioners said in a statement.
The petition also pointed out that the "?lackadaisical?? defense" of the Bureau of Fisheries and Aquatic Resources (BFAR) and the Office of the Solicitor General (OSG) for their perceived inadequate defense of the Fisheries Code in the RTC.
"As?? public?? service?? providers, ?? the?? lackadaisical?? defense?? of? ? the?? Public?? Respondents?? DA-BFAR?? and?? OSG?? of?? their?? mandates?? leave? ? much?? to?? be?? desired,?? and?? the?? petitioners?? are?? now?? constrained?? to? directly?? defend?? their?? interests?? as?? Filipinos,?? concerned?? citizens,?? and stewards of nature, on behalf of the Filipino people," the petition read.
Other petitions. There are also other petitions concerning the fishing in the municipal waters by Mercidar Fishing Corporation.
On January 2, Oceana Philippines International and other groups assailed a Supreme Court resolution allowing the firm to operate within municipal waters.
Fisherfolk organization PAMALAKAYA warned that the Supreme Court's decision would essentially grant large-scale fishing corporations unrestricted access to coastal areas.
They cautioned that these companies, equipped with powerful vessels and advanced technology, could rapidly deplete fish stocks, leaving minimal resources for small-scale fishermen who depend on these waters for sustenance.
Mercidar Fishing Corporation has yet to respond to Philstar.com's request for comment on the petition.
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