MANILA, Philippines – Bohol Governor Aris Aumentado has ordered municipalities in the province to “assert their rights and jurisdiction over their respective municipal waters” following the decision of the Supreme Court (SC) First Division allowing a commercial fisher to operate within the 15-kilometer zone.
In an executive order issued Thursday, January 23, the provincial government also encouraged local governments to enact ordinances that would ensure small fishers’ livelihood and interests are protected.
“Although none of the city and municipal governments of Bohol are parties to the said Mercidar case, if the same becomes final and executory, it could pave the way for commercial fishing operators to enter into Bohol’s municipal waters, just as anywhere else, thereby directly competing with marginal fishermen and adversely affecting their fish catch and livelihood,” the order read.
Fishing is the second main source of income in Bohol, next to agriculture, according to the provincial government. Around 33% of the population is dependent on fishing. Thirty of the province’s municipalities are coastal.
In an August 2024 decision that was first reported by Rappler last December, the SC First Division affirmed a 2021 ruling of the Malabon Regional Trial Court, which permitted Mercidar Fishing Corporation to fish within the 15-kilometer municipal water zone and declared certain provisions of the Fisheries Code unconstitutional.
While small fishers have preferential rights over municipal waters, local governments have the power to allow commercial operators to fish in this zone.
“Marginal [fisherfolk] shall be given preferential rights in the utilization of municipal waters in keeping with national policy,” the order read.
Bohol keeps the existing ban on commercial fishers and the use of active gear within the 15-kilometer zone.
This executive order comes after several fishers’ organizations and civil society groups petitioned with the Supreme Court that they be allowed to intervene in the Mercidar case. – Rappler.com