After the Supreme Court First Division in a resolution dated August 19, 2024 denied the Bureau of Fisheries and Aquatic Resources and the Department of Agriculture’s petition for certiorari assailing the RTC’s decision, it has in effect affirmed the decision of the Malabon Regional Trial Court allowing Mercidar Fishing Corporation to fish within municipal waters, an area usually designated for small fisherfolk. As such, Mercidar is thus permitted to operate within the 15-kilometer municipal waters except in shallow waters (less than 7 fathoms deep).

The SC noted that there was no appeal “filed of the December 11, 2023 Decision of the RTC within the 15-reglementary period, which led to the judgment becoming final and executory.” In other words, the DA and BFAR failed to file the necessary motion for reconsideration in time, paving the way for the lower court’s decision to become immediately final. In response thereof, I am sharing to you a CBCP Statement/Prayer on this issue as follows:

The wonder and vastness of God’s creation remind us of His boundless wisdom and love (Psalm 104), as entrusted to us as stewards. As we enter a new year, it pains us to find this sacred trust for the integrity of His creation threatened, and our life and survival, particularly the artisanal and municipal fisherfolk challenged.

The Supreme Court First Division issued a resolution that upholds the decision of the Malabon Regional Trial Court, allowing commercial fishing inside the 15-kilometer municipal fishing zone. If the courts’ decisions become final and executory, our municipal fishers who have preferential access to municipal water will face unfair and unjust competition with commercial fishers.

When Norlan Pagal, a fisherfolk from San Remigio, Cebu caught wind of this decision, he implored: “Paano na kami? Wala kaming kakayahan magpunta sa malalaking laot dahil sagwan at maliliit na pumpboat lang gamit namin. Sana makita ng Korte at ng pamahalaan na pinapahirapan ninyo kami, at unti-unti ninyo kaming pinapatay, pati na rin mga pamilya namin.”

His experience reflects a deeper injustice faced by 2.3 million of our brothers and sisters who rely on these waters. When commercial interests take precedence, the vulnerable are left to bear the cost—facing hunger, poverty, and displacement. Didn’t the Lord often remind his disciples to take only what they need to guard against greed? (Lk 12:16-21)

Consider the plight of Luther Alison from Mindanao who laments, “Ang nakukuha ng commercial fishers sa isang gabi, 1000 banyeras: mahina pa iyan. Ilang pamilya ng municipal fisherfolks ang puwede na sanang maghatihati niyan? Ni isang banyera, hindi nga kami makakuha kapag nagpapalaot kami.”

His experience as a fisher for more than four decades in Gingoog Bay is not isolated, and reflects a deeper injustice faced by 2.3 million of our brothers and sisters who rely on these waters. He observed that this ruthless competition over limited marine resources will only get worse with this decision. “Bakit pinag-aaway ang mga Pilipino?” When commercial interests take precedence, the vulnerable are left to bear the cost—facing hunger, poverty, and displacement. Didn’t the Lord often remind his disciples to take only what they need to guard against greed? (Lk 12:16-21)

This decision is deeply troubling, for it runs counter to the guiding principles of our nation. The 1987 Constitution, the Local Government Code, and Republic Act 10654 (Fisheries Code of 1998, as amended) and related national laws all affirm the preferential rights of artisanal, small-scale fisherfolk in municipal waters.

Jesus taught us that whatever we do for the least of His brethren, we do for Him (Matthew 25:40). Northern Samar woman fisherfolk leader and organizer, Martha Candano, reminds us of how hard it already is for a fisherfolk and his entire family: “Kung anong laki ng alon sa dagat ay siya ring haba ng leeg ng maybahay na naghihintay sa asawa niyang mangingisda.” When we allow the powerful to encroach upon the rightful inheritance of the poor, we fail our fisherfolk, greater society, and our duty to God and His creation. This love for our neighbor goes hand-in-hand with the law. As citizens of this physical world and God’s Kingdom, we all have crosses to bear. Will it not be cruel to add even more to our fisherfolk’s burden?

We will not stand idly by while the sanctity of creation and the dignity of our fisherfolk are undermined. I urge all of you, as faithful stewards of God’s gifts, to advocate for the protection of our municipal waters and the rights of artisanal and municipal fishers. As we pray with our own families and communities, may we reach the hearts of others even outside of our own circles: it is our fervent hope that our policymakers align with the wisdom of our laws and the values of our faith—policies that uphold sustainability, empower local governance, and prioritize ‘care for our common home’, as expressed in Pope Francis’ 2016 World Day of Prayer for the Care of Creation. In doing so, we safeguard the abundance of the sea and honor the Creator who made all things with love and wisdom.

As we hear the cry of the Poor and the cry of the Earth, may the Lord strengthen us in this mission, and may His justice and mercy guide our actions.

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For any personal comments or suggestions you may call 0917-4805585 or email me at [email protected].

AUTHOR PROFILE

Bro. Clifford T. Sorita