Two charged for illegal fishing

CEBU, Philippines - The Cebu Provincial Prosecutor’s Office has indicted the owner and the boat captain of the fishing boat earlier caught for illegal fishing in the waters off Bantayan Island for violation of the Fisheries Code of the Philippines.

Assistant provincial prosecutor Petronio Elesterio found probable cause to charge Felix Mata and Nelson Espina, owner and boat captain, respectively, for violation of the Republic Act 8550.

Elesterio has recommended P12,000 bail for Espina’s temporary liberty while P10,000 for Mata.

The case stemmed from the December 27 operation conducted by the members of the Bantayan Police Station wherein Espina and 14 of his crew members were caught illegally fishing at the vicinity of Barangay Lipayran.

The police arrested Espina and his crew members. However, the crew members were later released and were also not included in the filing of charges. The police said under the law only the boat captain and the owner could be held liable.

Elesterio, in finding probable cause against the accused, said he resolved the complaint based only on the affidavit complaint of the police because the respondents failed to submit their counter affidavit.

Elesterio explained that despite the ample time given to the respondents to submit their defense the two failed. Under the rules, Elesterio said, they are deemed to have waived their rights to avail of a preliminary investigation. — THE FREEMAN