The Philippine Misereor Partnership Inc. (PMPI), a social development and advocacy network of more than 230 groups, 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.
“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.
“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,” it said.
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.
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.