Fisherfolk Group Denounces SC Ruling on Municipal Waters

By Juliane Judilla

The progressive fisherfolk group Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (PAMALAKAYA)-Panay has denounced the recent Supreme Court ruling that allows commercial fishing in municipal waters.

In a press statement, PAMALAKAYA-Panay criticized the Supreme Court for prioritizing the interests of large-scale business entities over small-scale fishers and coastal communities.

“The Supreme Court’s decision, which permits the continued exploitation of municipal waters by large-scale business interests, clearly favors big businesses over the majority of small-scale fishermen,” the group stated.

The group highlighted the struggles of the fishing sector, which is still recovering from the government-imposed fishing ban on the Visayan Sea, describing it as an ongoing 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,” PAMALAKAYA noted.

They pointed out the systemic challenges faced by the sector, stating, “Fishermen remain the poorest, followed only by farmers. The extreme lack of government support to improve the small-scale fishing sector, laws and ordinances that penalize them further, and the absence of market support for fishers’ products keep fishermen in miserable conditions.”

On December 18, 2024, the Supreme Court’s First Division upheld the Malabon Regional Trial Court’s decision, declaring the Fisheries Code’s preferential access provisions unconstitutional. The ruling, following a petition filed by Mercidar Fishing Corp., allows commercial fishing in municipal waters, provided the vessels operate in waters deeper than 7.3 fathoms (42 feet).

PAMALAKAYA said nearly 90% of municipal waters are deeper than 7 fathoms, making the ruling detrimental to small-scale fishermen.

“Commercial fishing vessels can catch 3,055 kilograms of fish per hour, while small-scale fishermen typically catch only half a kilogram per hour. The entry of commercial fishing vessels into municipal waters also risks overfishing, coral reef destruction, and loss of marine biodiversity, with nearly 98% of fishing areas nationwide affected,” the group explained.

The group warned that the ruling threatens the livelihood of 2.3 million small-scale fishermen across the country.

PAMALAKAYA called on the public to support their protests to demand the reversal of the ruling, repeal anti-fisher provisions in the Fisheries Code of 1998 and Republic Act 10654, and push for government measures to provide alternative livelihoods and support during calamities.

“We urge everyone to join us in protecting the livelihood, fishing grounds, and rights of small-scale fishers,” the group said.