• GILBERT P. BAYORAN
Negros Occidental Governor Eugenio Jose Lacson is hopeful that the Supreme Court (SC) will reverse its decision allowing commercial fishing vessels to operate within the 15-kilometer municipal waters
The SC ruling, according to Lacson, threatens the livelihood of more than 45,000 municipal fisherfolk, belonging to 472 associations in 25 coastal towns of Negros Occidental, including the P2 billion blue crab industry of the province.
The high court’s First Division, in a resolution dated August 19, 2024, upheld a Malabon Regional Trial Court (RTC) decision declaring the Fisheries Code’s preferential access provisions unconstitutional.
The Malabon RTC had rendered the ruling in the suit filed by private Navotas-based commercial fishing firm, Mercidar Fishing Corp., which filed a petition for declaratory relief on October 25, 2023.
Among the portions of the Fisheries Code invalidated by the Malabon court was Sec. 16 on the jurisdiction of the municipal government to regulate commercial fishing in municipal waters of up to 15 km. from the shoreline.
The Department of Agriculture (DA), through the Office of the Solicitor General, has asked the SC to overturn a decision allowing commercial fishing vessels to operate in municipal waters meant for fisherfolk.
In its motion for reconsideration, the DA reiterated its commitment to protecting the interests of small-scale fishers while conserving marine resources, and urged the SC to reconsider its ruling to ensure the sustainability of the country’s fisheries and coastal communities.
Lacson said the case was lost because of technicality, noting that the reply came beyond the 15-day period.
So, it wasn’t based on merits, but based on technicality, which I think could be overturned by the SC, the governor said.
It would be interesting to know who was remiss on the job, Lacson added.
During a recent press briefing in Talisay City, Senate majority leader Francis Tolentino and Las Piñas Rep. Camille Villar pushed for amendments to the Philippine Fisheries Code to clearly specify the distance of municipal waters from the shore.
The Sangguniang Panlalawigan of Negros Occidental is also expected to pass a resolution during its regular session today, supporting the stand of Lacson and other LGUs, against the entry of commercial fishers within the 15 kilometer municipal territorial waters.
The SC ruling puts our fisherfolk in a disadvantageous position. It will only benefit the big players, who are the commercial fishers, Lacson said.*
