Iloilo to Join BFAR Appeal on SC Ruling on Municipal Waters

By Joseph Bernard A. Marzan

The Iloilo provincial government plans to ask the Supreme Court to overturn a resolution declaring sections of Republic Act No. 10654 unconstitutional.

The move aligns with a similar appeal by the Bureau of Fisheries and Aquatic Resources (BFAR).

In a Facebook post on January 10, Provincial Administrator Raul Banias revealed that his office, other provincial offices, and small fisherfolk representatives met with BFAR Region 6 to discuss the implications of the Supreme Court’s decision in the case of BFAR vs. Mercidar Fishing Corporation.

The meeting included representatives from the Fishery Division of the Provincial Agricultural Office, Provincial Legal Office, Provincial Bantay Dagat Task Force, and the office of Board Member Binky April Tupas (5th district), who chairs the Sangguniang Panlalawigan’s Aquatic Resources committee.

Banias expressed concern that the ruling undermines municipal waters under the control of coastal municipalities.

“This decision has grave adverse implications on municipal waters and allows the entry of this corporation into areas within the 15-kilometer limit beyond 7 fathoms, leaving coastal municipalities with very limited areas for small fishermen,” Banias wrote.

He emphasized the provincial government’s commitment to pursuing legal remedies to protect small fisherfolk, adding, “In the interest of the Social Justice Agenda of [Iloilo Governor Arthur Defensor Jr.], we are determined to wage a legal battle and broad public advocacy to have this decision reviewed by the Supreme Court en banc.”

Position Paper in Development

Banias confirmed to Daily Guardian that the provincial government is drafting a position paper for endorsement by the Northern Iloilo Alliance for Development, members of the League of Municipalities of the Philippines (LMP) from Iloilo’s coastal municipalities, and the Sangguniang Panlalawigan through Tupas’ office.

He noted that the Supreme Court’s decision would leave artisanal fisherfolk with access to only 2 percent of municipal waters.

“Our concern is that Mercidar Fishing Corporation, under this decision, can now operate in any waters beyond 7 fathoms. This would severely impact marginal fisherfolk,” Banias explained in a phone interview.

“Small fisherfolk in Concepcion, for instance, can still gather fish within municipal waters, but if big commercial fishing boats are allowed to enter, they will lose access to these resources,” he added.

The position paper will be submitted to the Sangguniang Panlalawigan for authorization, enabling the provincial government to formally intervene in the case.

Supreme Court Decision

The Supreme Court’s August 19, 2024 decision declared Sections 16, 17, and 18 of Republic Act No. 8550 (Philippine Fisheries Code of 1998), as amended by RA No. 10654, unconstitutional.

These sections define municipal waters, grant local fisherfolk organizations and cooperatives preferential fishery rights, and regulate access to municipal waters.

Provincial leaders and BFAR are now seeking the Supreme Court en banc’s review of the decision, emphasizing the need to protect the livelihoods of small fisherfolk and ensure sustainable use of municipal waters.