By Juliane Judilla
The progressive fisherfolk group Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (PAMALAKAYA)-Panay denounced the recent Supreme Court ruling favoring commercial fishing in municipal waters.
In a press statement, PAMALAKAYA-Panay criticized the Supreme Court for siding with the interests of big businesses rather than small-scale fishers and communities.
“The Supreme Court’s decision, which allows the continued exploitation by large-scale business interests in fisheries, clearly favors the interests of big businesses over those of the majority of small-scale fishermen,” the group said.
Additionally, the group pointed out that the sector is still recovering from the state-imposed fishing ban on the Visayan Sea, which continues to be a burden on their livelihood.
“Fishermen have not yet returned to their fishing grounds when they were hit with the news that the Supreme Court had upheld the Malabon RTC’s decision.”
“Fishermen remain the poorest, followed only by farmers. The extreme lack of government support to improve the small-scale fishing sector, the laws and ordinances that penalize and burden them further, and the lack or absence of market support for the fishers’ products—these all contribute to keeping fishermen in their miserable conditions,” the group added.
The Supreme Court First Division, on December 18, 2024, affirmed the decision of the Malabon Regional Trial Court, allowing commercial fishing operations within the jurisdiction of coastal local government units (LGUs). It declared the Fisheries Code’s preferential access provisions unconstitutional, thereby allowing commercial fishing in municipal waters following a petition filed by Mercidar Fishing Corp. The ruling grants commercial fishing vessels permission to fish in waters deeper than 7.3 fathoms, or 42 feet.
Nearly 90% of municipal waters are deeper than 7 fathoms. According to PAMALAKAYA, this decision spells the loss of livelihood for 2.3 million small-scale fishermen nationwide.
“Commercial fishing vessels can catch 3,055 kilograms of fish per hour; meanwhile, small-scale fishermen typically catch only half a kilogram per hour. Additionally, the entry of commercial fishing vessels into municipal waters puts these fishing grounds at risk of overfishing, coral reef destruction, and loss of marine biodiversity. This impact is felt in almost 98% of all fishing areas nationwide,” the group explained.
The group also called on the public and urged everyone to join their protests to demand the ruling be overturned, repeal anti-fisher provisions in the Fisheries Code of 1998 and Republic Act 10654, strengthen calls for alternative livelihoods and assistance during times of calamity, and ensure protection for the livelihood, fishing grounds, and rights of small-scale fishers./PT