Iloilo Joins Legal Fight to Protect Municipal Waters

By Mariela Angella Oladive

The Iloilo provincial government has formally challenged the Supreme Court ruling that allows commercial fishing vessels to operate within the 15-kilometer municipal waters, a decision widely opposed by local government units (LGUs), fisherfolk, and environmental advocates.

Under the directive of Gov. Arthur Defensor Jr., the provincial government is filing a motion for leave of court to intervene and submit a supplement to the petitioners’ motion for reconsideration.

Provincial Legal Office Chief Atty. Dennis Ventilacion and Provincial Agriculture Office Fisheries Division Head Felina Grace Basco finalized the documents before submitting them to the Supreme Court on Friday, Feb. 21.

The move follows the passage of Resolution 2025-062 by the Sangguniang Panlalawigan, authorizing Defensor to represent the province in opposing the ruling.

Provincial Administrator Raul Banias, a former mayor of the coastal town of Concepcion, denounced the Supreme Court’s decision as “a clear social injustice” against small-scale fishers and a blow to local government autonomy.

He warned that allowing large fishing vessels to encroach on municipal waters would threaten the livelihoods of artisanal fisherfolk, destroy marine biodiversity, and undermine local efforts in sustainable fisheries management.

SC RULING: KEY CONTEXT AND CONTROVERSY

The controversy stems from the Supreme Court’s affirmation of a Regional Trial Court (RTC) ruling, which struck down long-standing restrictions under the Fisheries Code (Republic Act 8550, as amended by RA 10654).

In G.R. No. 270929, the Supreme Court upheld a Dec. 11, 2023 RTC ruling that removed LGUs’ authority over municipal waters and lifted restrictions on commercial fishing within the 15-kilometer zone.

The case was initiated by Mercidar Fishing Corporation (MFC), which challenged the constitutionality of these provisions.

The RTC ruled in favor of MFC, declaring that municipal waters are State-owned natural resources and should be regulated by national agencies rather than LGUs.

The Supreme Court’s Nov. 7, 2024 decision upheld this ruling, invalidating key sections of RA 8550, particularly:

-Section 4(66), Section 16, Section 17, and Section 18 – which previously defined municipal waters and gave LGUs authority to regulate fishing activities;

Department of Agriculture (DA) Administrative Order No. 10 – which established enforcement mechanisms for these restrictions.

IMPACT

With the ruling in effect, commercial fishing vessels can now operate in waters at least seven fathoms (42 feet) deep, regardless of distance from the shore.

The Bureau of Fisheries and Aquatic Resources (BFAR) and the DA had warned that this could deplete fish stocks and destroy marine habitats, but the Supreme Court dismissed their concerns, requiring only compliance with environmental laws and licensing regulations.

Efforts to reverse the decision failed after BFAR and DA’s appeal was dismissed for late filing.

Meanwhile, ocean conservation groups fear worsening food insecurity and economic hardship for coastal communities.

Oceana Vice President Atty. Gloria Estenzo Ramos warned that overfishing and illegal commercial fishing have already driven small-scale fishers into poverty.

She cautioned that if the ruling stands, over 90% of municipal waters in 533 coastal municipalities could be opened to commercial vessels, further threatening artisanal fishers’ livelihoods.

The Philippine Statistics Authority (PSA) reported a 5% decline in fisheries production in 2024, the lowest in two decades.

Municipal fisheries’ share dropped to 19.8%, while commercial production increased by 4.2%, highlighting the growing dominance of industrial fishing.