INQUIRER FILE PHOTO
MANILA, Philippines – A municipality in Bantayan island in Cebu, together with environmental teams, requested the Supreme Court docket (SC) on Thursday to take a second take a look at its determination that favored a industrial fishing company in search of to fish in municipal waters meant for fisherfolk.
In its-28-page petition for intervention, the municipality of Sta. Fe in Bantayan, Cebu, represented by Mayor Ithamar Espinosa, and Oceana Phils. Intl. requested the SC to reverse the courtroom’s decision and remand the case again to the Malabon Regional Trial Court docket (RTC).
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An SC decision dated Aug. 19 had affirmed the Malabon RTC determination declaring parts of the Fisheries Code (Republic Act 8550) unconstitutional after the excessive courtroom mentioned pleadings filed by the Workplace of the Solicitor Basic (OSG) within the case had been filed “out of time” and with none “authorized foundation.”
The Malabon RTC had rendered the ruling within the swimsuit filed by non-public Navotas-based industrial fishing agency, Mercidar Fishing Corp., which filed a petition for declaratory reduction on Oct. 25, 2023. The case was determined by the courtroom two months in a while Dec. 11 that yr.
Among the many parts of the Fisheries Code invalidated by the Malabon courtroom was Sec. 16 on the jurisdiction of the municipal authorities to manage industrial fishing in municipal waters of as much as 15 km. from the shoreline.
The RTC additionally struck down the outright ban on industrial fishing in waters with a depth of lower than seven fathoms.
“Judicial restraint, warning, and forbearance are totally absent from the choice of the RTC of Malabon. Setting apart the breakneck velocity of the proceedings, the RTC supplied completely no quantity of deference that calls for an interpretation of the Structure that might give life to the legislation as a substitute of destroying it,” the petitioners mentioned.
“As a substitute, the courtroom engaged in a haphazard constitutional interpretation that sought to kill the established legislative coverage of defending municipal fisherfolk and empowering LGUs (native authorities items).”
The petitioners mentioned all proceedings and orders earlier than the RTC Malabon Br. 170, together with its determination dated Dec. 11, 2023, are void for violating due course of and for lack of jurisdiction for the failure of the respondent to implead indispensable events.
“The remand to the RTC is so as when, throughout enchantment, the plaintiff is discovered to have did not implead any indispensable celebration,” they mentioned. (PNA)
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