Supreme Court Rules Against Municipal Waters, Favoring Large Fishing Corporations

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Supreme Court Rules Against Municipal Waters, Favoring Large Fishing Corporations
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The Supreme Court has erased the concept of 'municipal waters,' prioritizing large fishing corporations over local fisherfolk. This decision, while based on a strict interpretation of the Constitution, is criticized for ignoring the spirit of the law and potentially harming local communities, the marine environment, and food security.

In a ruling on December 19, 2024, the Supreme Court unilaterally erased the concept of ' municipal waters ' with respect to the regulation of fishing grounds in favor of local fishermen.

The decision may have been correct based on a strict and literal reading of the Constitution, which is how the Supreme Court presented it; but even that is questionable, and the ruling certainly ignored the spirit of the law, to the detriment of one of the country's poorest economic sectors, local communities, the marine environment and perhaps even the country's food security.The recent ruling upheld a 2023 Malabon Regional Trial Court (RTC) decision on the petition of the Mercidar Fishing Corp. to fish within the 15-kilometer municipal waters, an area reserved for small fisherfolk, except in shallow waters (less than 7 fathoms, or 12.8 meters deep). The Supreme Court First Division originally upheld the Malabon RTC decision in August of last year by denying a petition for certiorari filed by the Office of the Solicitor General (OSG) on behalf of the Department of Agriculture, and the Bureau of Fisheries and Aquatic Resources. The latest ruling was essentially a summary decision, as the OSG apparently missed the filing deadline for a motion for reconsideration. Nevertheless, the Supreme Court decision noted that even if it had been filed on time, the government's 'allegations, issues and arguments... failed to sufficiently show that the RTC committed any irreversible error in the challenged decision and order.'The RTC ruling that the high court agreed with emphasized that according to the Constitution, Philippine waters are natural resources owned by the State, and therefore only the national government may regulate their use

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