Rallies fisherfolk shielded from SC ruling impact

By Nimfa L. Estrellado and Jay S. Lim Governor Helen Tan signs the Provincial Government's Position Paper regarding the Supreme Court ru...

By Nimfa L. Estrellado and Jay S. Lim

Governor Helen Tan signs the Provincial Government's Position Paper regarding the Supreme Court ruling. (Quezon PIO)

LUCENA CITY, Quezon - Small fishers, facing a recently devastating Supreme Court ruling, found powerful defense from the Sangguniang Panlalawigan (SP). Unanimous resolution, spearheaded by Vice Governor Third Alcala, reinforced commitment protecting exclusive 15-kilometer municipal fishing waters, vital for the province's 80,000+ fisherfolk.

In August 2024, the Supreme Court upheld a lower court's decision invalidating provisions of the Fisheries Code that prohibit commercial fishing within 15-kilometer municipal waters. The decision, stemming from a case filed by Mercidar Fishing Corporation, declares provisions giving local governments jurisdiction over municipal waters unconstitutional. According to the court, municipal waters are owned by the state and should be managed by national government agencies, not local governments.



The SC's August 19, 2024, decision declared the Fisheries Code's preferential access provisions unconstitutional. This directly challenges Section 18 of RA 8550, which reserves municipal waters for municipal fisherfolk, defined as those using boats three gross tons or less, a key provision for local fishing communities. Section 18 has been a cornerstone of protecting small-scale fishing rights since its enactment.

The ruling opens these waters to larger commercial fishing vessels, potentially depleting fish stocks and displacing local livelihoods, prompting the SP members to conduct hearings with stakeholders, addressing the SC decision and illegal fishing activities plaguing Tayabas Bay, Lamon Bay, and Ragay Gulf.







Governor Angelina "Helen" Tan signed the Provincial Government's Position Paper and motion to the Supreme Court regarding the potential impact on small fishermen of the court's decision, signaling a formal challenge to the ruling. The motion is based on legal arguments citing the Fisheries Code and the Constitution.

This action, spearheaded by SP Board Member Claro Mendiola-Talaga, Jr., chair of the agriculture and fisheries committee, directly addresses the concerns raised by local fishers. They argue that the SC First Division’s ruling undermines the Fisheries Code of the Philippines (Republic Act 8550 as amended by RA 10654).

"This is not just about fishing rights; it's about food security and the survival of our communities," Talaga emphasized. "We cannot allow a decision that jeopardizes the very foundation of our local economy and the well-being of our fisherfolk. We are determined to exhaust all legal avenues to reverse this ruling and protect the rights of our small-scale fishers."

"Our fishers' livelihoods are on the line," declared Talaga, as SP members voiced their support, emphasizing the catastrophic impact the ruling would have on marginalized communities. The province's fishing industry contributes significantly to its local economy.

The unified front grew stronger with Governor Tan's release of a position paper, demonstrating a coordinated effort to oppose the court's decision as she pledged to file a motion with the SC, and Perez Councilor Andrea Villabrosa-Olase expressed her affirmation to the SP's decision, highlighting local government unity on the issue.

Tagkawayan Mayor Carlo Eleazar expressed his full support for the position of the Provincial Government of Quezon, led by Governor Tan, reinforcing the province-wide stance against the ruling. Various groups, including fishermen, have expressed their opposition to the decision, warning of its negative effects on their livelihoods and the state of marine resources.

Concerns over the use of "Buli-Buli" (Danish Seine) and dynamite fishing, which threaten livelihoods and food security, were paramount. These illegal practices, according to data from the Bureau of Fisheries and Aquatic Resources (BFAR), have contributed to a 30% decline in fish catch in the region over the past five years. Studies by the University of the Philippines Marine Science Institute indicate that these methods damage coral reefs and other marine habitats.

It has been raised that the Supreme Court's ruling, rather than being based on essential legal principles, hinged on technicalities, specifically the Office of the Solicitor General/DA BFAR's failure to submit a timely response. Section 18 of RA 8550 is at the heart of the dispute.

While official yield statistics suggest municipal fisherfolk contribute only 2% to the total fish yield, compared to commercial fishers, discrepancies exist. Data collection is often inadequate. According to the Philippine Statistics Authority (PSA), poverty incidence among fisherfolk is significantly higher than the national average.

These figures underscore the reliance of these communities on municipal waters for sustenance, emphasizing the critical role these waters play in local economies. Fishing contributes to the food security of millions of Filipinos.

Representatives from the Integrated Fisheries and Aquatic Resources Management Council, city and municipal agriculturists, "Bantay Dagat" (coastal fish wardens), and Tanggol Kalikasan, led by Atty. Psyche Tolintino, pressed officials to act on their signed petition regarding the SC ruling and illegal fishing, demanding immediate action to protect local fisheries. The petition included signatures from numerous local stakeholders.

This response from leadership sends a message: the province stands resolute in protecting its small-scale fishers, showcasing a united front against the court's decision. The legal battle is expected to continue in the Supreme Court.