More than 50 Catholic bishops, led by Cardinal Pablo Virgilio David, president of the Catholic Bishops’ Conference of the Philippines (CBCP), have denounced a Supreme Court ruling that allows commercial fishing vessels to operate within the country’s 15-kilometer municipal waters, a zone traditionally reserved for small-scale fishers. 

The bishops warned that the decision would devastate the livelihoods of 2.3 million municipal fishers, push them deeper into poverty, and accelerate the depletion of marine resources.

In a strongly worded statement read in churches nationwide on February 2, the bishops called the ruling “unjust” and urged the government to uphold existing laws that prioritize small fishers’ access to municipal waters. They also emphasized the moral and environmental consequences of prioritizing corporate interests over coastal communities.

“If the courts’ decisions become final and executory, our municipal fishers, who depend on these waters for survival, will face unfair and unjust competition from commercial fishers,” the bishops said.

Dire consequences

The bishops shared the testimony of fisherfolk leader Norlan Pagal from San Remigio, Cebu, who expressed distress over the ruling.

“What will happen to us? We don’t have the capability to go far out into the open sea because we only use paddles and small pump boats. I hope the Court and the government realize that they are making life harder for us, slowly killing us and our families,” Pagal said in Filipino.

The bishops said Pagal’s experience reflects a deeper injustice that millions of small fishers across the country face.

“When commercial interests take precedence, the vulnerable are left to bear the cost — facing hunger, poverty, and displacement,” they said.

The bishops also argued that the Supreme Court’s decision contradicts key national laws, including the 1987 Constitution, Local Government Code, and Fisheries Code, which all affirm the preferential rights of small-scale fishers.

“Didn’t the Lord often remind his disciples to take only what they need to guard against greed?” they added.

Supreme Court allows commercial fishing

On August 19, 2024, the Supreme Court upheld a Malabon City court decision that invalidated the definition of municipal waters in the Fisheries Code, ruling it unconstitutional. This decision cleared the way for commercial fishing operators with large vessels and advanced mechanical gear to fish in municipal waters.

Before the ruling, small-scale fishers could exclusively operate in these waters, using boats no larger than three tons. The court decision now allows commercial fishers, who use much larger boats with advanced technology, to compete directly with artisanal fishers in shallow waters, some as shallow as 12.8 meters (seven fathoms) deep, roughly the height of a four-story building.

“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 bishops said.

They called on the government, civil society, and faith-based organizations to uphold sustainability, empower local governance, and protect fisherfolk rights.

During a press conference on February 1 organized by Caritas Philippines at the Edsa Shrine in Quezon City, San Carlos Bishop Gerardo Alminaza, vice chair of Caritas Philippines and CBCP Episcopal Commission on Social Action, Justice, and Peace, stressed the urgency of protecting small-scale fishers’ livelihoods.

The bishops vowed to continue advocating for municipal water protections and fisherfolk rights. They urged all Filipinos to join them in defending those most at risk.

“We will not stand idly by while the sanctity of creation and the dignity of our fisherfolk are undermined. (We) 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,” they said.

The bishops also called on policymakers to “align with the wisdom of our laws and the values of our faith” by upholding sustainability, empowering local governance, and prioritizing “care for our common home”, as Pope Francis expressed in the 2016 World Day of Prayer for the Care of Creation.

San Carlos Bishop Gerardo Alminaza (center) with other advocates.

Environmental groups back bishops

Alminaza read the bishops’ statement during the press conference. Environmental advocates and fisherfolk leaders welcomed their support.

Gloria Estenzo-Ramos, vice president of marine protection group Oceana, warned that allowing commercial fishers into municipal waters would have devastating consequences.

“With 90 percent of municipal waters of most of our coastal towns at risk of exploitation by commercial fishers equipped with active and often destructive fishing gears, the consequences are dire: depleted fish stocks, loss of critical spawning grounds, and worsening poverty and hunger among already-marginalized communities,” Ramos said.

She also quoted Dr Willie Campos, one of the country’s foremost fisheries scientists, who stressed the responsibility of the state to protect marine resources. 

“Fishing is a privilege of every Filipino, but it comes with responsibilities. As the ultimate caretaker of the country’s natural heritage and resources, the state needs to ensure equity amongst the different user groups and stakeholders, but more importantly, it needs to ensure that there will be adequate resources left to support livelihoods, especially when the imminence of resource collapse is already known to the state.” 

Ramos called for immediate action to prevent the collapse of the country’s fish stocks.

“The single and only solution to this is to reduce the proportion of the resource stocks caught by fisheries (both municipal and commercial) to allow them to recover their natural productive potential. This ensures that enough fish will be left in wild stocks to produce sufficient recruits year after year,” she said.

Battle continues

Navotas-based commercial fishing company Mercidar Fishing Corp initiated the legal battle when it filed a petition for declaratory relief on October 25, 2023. Less than two months later, the Malabon Regional Trial Court (RTC) ruled that certain provisions of the Fisheries Code were unconstitutional.

The court struck down the municipal government’s authority to regulate commercial fishing in municipal waters and removed the outright ban on commercial fishing in waters shallower than seven fathoms. The Supreme Court upheld this ruling, stating that the Office of the Solicitor General had filed its petition against Mercidar out of time.

In January this year, the Bureau of Fisheries and Aquatic Resources (BFAR) urged the Supreme Court to remand the case to the Malabon court, citing its far-reaching consequences on resource management, environmental protection, and the welfare of affected communities.

Oceana, fisherfolk groups, civil society representatives, and the local government of Santa Fe, Cebu, were among the groups that petitioned to intervene in the case.

Fisherfolk protest ruling

On February 4, municipal fishers staged a protest at the Department of Agriculture (DA), denouncing what they called the department’s “constant failure” to uphold small fishers’ exclusive rights in traditional fishing grounds.

The fishers’ group Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) criticized the agency for lacking a concrete plan to challenge the Supreme Court ruling.

“The DA does not have a concrete action plan to challenge the recent Court ruling allowing commercial fishing vessels to fish within the 15-kilometer municipal waters,” Pamalakaya said in a social media post.

Earlier, the group warned that municipal fishery production in the first quarter of the year might “fall significantly” if the ruling takes effect.

“Small fishers cannot compete with commercial fishing vessels that have advanced technology and have been proven to use destructive fishing methods,” Pamalakaya stressed.

As small fishers, bishops, and environmental advocates unite against the ruling, the fight for municipal waters continues.

All photos credit: Caritas Philippines

Top photo: San Carlos Bishop Gerardo Alminaza (center) read the collective statement of Philippine Catholic bishops regarding the Supreme Court’s ruling on municipal waters during a press conference in Quezon City on February 1, 2025.