In a significant legal move, the municipality of Sta. Fe on Bantayan Island, Cebu, together with environmental advocates, has petitioned the Supreme Court to reconsider its recent decision that supported a commercial fishing company’s right to operate in waters designated for local fishermen. The appeal, lodged on Thursday, challenges the court’s affirmation of a Malabon Regional Trial Court (RTC) ruling that deemed certain sections of the Fisheries Code unconstitutional.
The 28-page intervention petition, filed by Sta. Fe’s Mayor Ithamar Espinosa and Oceana Phils. Intl., seeks to overturn the Supreme Court’s resolution from August 19, which upheld the Malabon RTC’s decision. The RTC had ruled in favor of Mercidar Fishing Corp., a Navotas-based commercial fishing entity, in a case filed on October 25, 2023, and decided just two months later on December 11.
The Malabon court’s decision invalidated key sections of the Fisheries Code, including Section 16, which grants municipal governments the authority to regulate commercial fishing within 15 kilometers of the shoreline. Additionally, the court struck down the prohibition on commercial fishing in waters shallower than seven fathoms.
The petitioners criticized the Malabon RTC’s decision for its lack of judicial restraint and for hastily undermining the legislative intent to protect local fishermen and empower local government units. They argued that the court’s interpretation of the Constitution was reckless and detrimental to established policies.
Furthermore, the petitioners claimed that the proceedings and subsequent orders from the Malabon RTC, including the December 11 decision, were void due to violations of due process and a lack of jurisdiction, stemming from the failure to include indispensable parties in the lawsuit. They emphasized that the case should be returned to the RTC for proper handling, as the plaintiff did not involve all necessary parties during the appeal.