Of the thousands of local government units (LGUs) such as provinces, cities, municipalities and barangays in the country, it is Iloilo province which first took up the cudgels for the LGUs in fighting for the survival of marginal fisherfolk on the issue of dwindling municipal waters.
Iloilo provincial Gov. Arthur Defensor Jr. was alarmed upon learning the news that the Supreme Court has upheld a 2023 ruling of the Malabon Regional Trial Court (RTC) that considerably pruned the already dwindling livelihood opportunities of small local fishermen.
Defensor expressed concern on the Supreme Court First Division’s affirmation of the Malabon Regional Trial Court’s decision declaring Sections 4 (58), 16, and 18 of the Philippine Fisheries Code or Republic Act No. 8550, as amended by RA 10654, unconstitutional.
Iloilo Provincial Administrator Raul Banias informed reporters that last January 10, the Iloilo provincial government convened the Bureau of Fisheries and Aquatic Resources Region 6, Provincial Bantay Dagat Task Force and local fishermen to discuss the implications of the high court's decision affirming the 2023 decision by the Malabon Regional Trial Court (RTC).
On Dec. 20, 2024, the Supreme Court's First Division upheld the 2023 RTC decision that allowed Mercidar Fishing Corp. to operate within the 15-kilometer municipal waters, traditionally reserved for small-scale fishers.
The decision invalidated provisions restricting commercial fishing within the 15-kilometer municipal waters, allowing commercial fishing vessels to operate in waters seven fathoms or deeper, regardless of distance from shore. The ruling also shifted primary regulatory authority of the natural resource from local government units to national government agencies.
Iloilo province will appeal
Banias disclosed that upon the instruction of Governor Defensor Jr., the provincial government of Iloilo will appeal the High Tribunal’s decision that allows commercial fishing vessels to operate within the 15-kilometer boundary of the municipal waters.
As this developed, the Philippine Misereor Partnership Inc. (PMPI), a social development and advocacy network of more than 230 groups, also criticized the SC decision and vowed to appeal for its scrapping.
“This decision would allow large-scale commercial fishers to operate within municipal waters, further threatening the livelihoods of small-scale fishers who depend on these waters for their daily sustenance,” the PMPI said in a statement.
Administrator Banias said the province of Iloilo clearly pushes the social justice agenda of Gov. Arthur Defensor Jr. in fighting for the fishing rights of marginal fishermen, not only in the province but also in the whole island of Panay and the Visayas.
"In the interest of the social justice agenda of the governor, we are determined to wage a legal battle and broad public advocacy to inform the public and the affected sector to have this decision reviewed," said Iloilo Provincial Administrator Raul Banias.
Small-scale fishermen
Banias noted the high court's decision severely reduces the area available for small-scale fishermen, undermining the control of coastal municipalities over their municipal waters.
Banias said the provincial government will craft a position paper to address the ruling's implications and advocate for its review by the Supreme Court en banc.
To bolster their appeal, Banias said they will also secure endorsements for the position paper through resolutions from the Northern Iloilo Alliance for Development, the League of Municipalities of the Philippines-Iloilo, coastal municipalities and the Sangguniang Panlalawigan.
The advocacy network PMPI meanwhile said:
“We are alarmed and greatly disappointed that this ruling on Section 16 undermines the devolved powers of local government units [LGUs] under the Local Government Code of 1991. By asserting that only the national government has the authority to regulate the use of natural resources, including municipal waters, the court has stripped LGUs of a critical function designed to empower local governance and community-based resource management.”
The network said the invalidation of Sections 4 and 18 was distressing. It said the previous prohibition on commercial fishing in municipal waters less than 7 fathoms (12.8 meters) deep was a vital safeguard for the 15-kilometer municipal waters designated for small-scale fisherfolk and their cooperatives or organizations.
“This decision opens these areas to commercial fishing, intensifying the challenges faced by approximately 2.3 million small-scale fishers who already endure food insecurity, habitat degradation, climate change, overfishing and limited access to government services. These marginalized communities, which are among the most disadvantaged sectors as reported by the Philippine Statistics Authority in 2021, now face an even graver threat to their livelihoods and welfare,” the PMPI said.
Subsistence fishermen
It said the ruling also contradicts the spirit of Article XII, Section 2 of the Philippine Constitution, which provides that: “The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fish workers in rivers, lakes, bays, and lagoons.”
The network also asked the Marcos government to issue an executive order affirming the preferential rights of small-scale fishers to the 15-kilometer municipal waters. It said this would protect the livelihoods of marginalized fishers and ensure sustainable management of coastal and marine resources.
It urged the Supreme Court to revisit its decision and engage in meaningful dialogue with stakeholders, including fisherfolk organizations, coastal communities and environmental groups.
It asked the Department of Agriculture – Bureau of Fisheries and Aquatic Resources (DA-BFAR) to take immediate measures to counteract the adverse impacts of the ruling while holding its personnel accountable for failing to appeal the decision within the prescribed period.
“The department must strengthen its support for marginalized fisherfolk by enforcing conservation regulations, implementing reforms, and ensuring equitable access to government services,” it said. (with report from PNA)
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