ILOILO – The provincial government’s stance against a recent Supreme Court ruling allowing commercial fishing vessels to operate within the 15-kilometer municipal water zone has gained support from a maritime law expert, further bolstering the position of local fisherfolk and coastal local government units (LGUs).
Atty. Jay L. Batongbacal, director of the University of the Philippines’ (UP) Institute of Maritime Affairs and Law of the Sea, delivered a crucial lecture on February 10 at the College of Fisheries and Ocean Sciences (CFOS) at the UP Visayas – Miag-ao Campus, adding legal weight to the ongoing opposition.
In his presentation, Batongbacal scrutinized the implications of the ruling, which declared parts of the Philippine Fisheries Code of 1998 unconstitutional and allowed commercial fishing within the 15-kilometer municipal water zone.
Batongbacal questioned the validity of the Supreme Court’s decision, calling it illogical and weird in its application. He pointed out that the ruling, which declared the definition of municipal waters and the exclusive jurisdiction of LGUs under the Fisheries Code unconstitutional, applied only to Mercidar Fishing Corp.
“While declaring the definition of municipal waters and exclusive jurisdiction of the local government unit under RA (Republic Act) 8550 (the Fisheries Code) unconstitutional, interestingly, the Court ordered BFAR (Bureau of Fisheries and Aquatic Resources) that it only applies to Mercidar Fishing Corp. and not to all commercial fishing companies. This made Mercidar Fishing Corp. a special company that now has the authority to fish in all municipal waters,” Batongbacal said.
Batongbacal warned that the decision would undermine the rights of local communities to manage their marine resources.
“If commercial fishing is allowed further into municipal waters, the concerns of small-scale fishers will not be addressed, and the competition between municipal fisherfolk and commercial fishers will only be exacerbated,” he noted.
This expert opinion comes as the Provincial Agriculture Office (PAgrO), headed by Dr. Ildefonso Toledo, rallies coastal municipalities, fisherfolk groups, and other stakeholders to challenge the ruling.
Toledo warned that allowing commercial fishing within the municipal waters would severely impact Iloilo’s small-scale fishermen, who rely on these areas for their livelihoods. He stressed the importance of preserving the ecological balance of coastal resources, which are already under strain.
“Commercial fishing’s high-volume operations are highly destructive, and their presence in these waters would compromise the sustainability of our fisheries,” he explained.
Gov. Arthur Defensor Jr. himself has taken a firm stance, directing PAgrO last month to consolidate the opposition documents from all 19 coastal municipalities and fisherfolk organizations for submission to the Supreme Court.
“We fully respect the ruling, but we cannot ignore the serious implications it has on our small-scale fishermen and local communities,” said Provincial Administrator Raul Banias.
“This decision contradicts the principles of social justice that our province upholds. We will ensure that our voices are heard, and we will continue to fight for the protection of our coastal resources,” he stressed.
The provincial government has also sought the support of key national organizations like the League of Municipalities of the Philippines and the Union of Local Authorities of the Philippines./PN
