Palawan fisherfolk urge court to cancel bail of Chinese poachers

Fisherfolk in Palawan urged the Puerto Princesa City Regional Trial Court yesterday to cancel the bail for six Chinese accused of poaching in Tubbataha Reefs Natural Park (TRNP) two weeks ago.

The Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) said allowing the six Chinese to post bail and return to their vessel Hoi Wan might trigger the outright release of the 24 other Chinese detained in the Palawan Provincial Jail after being charged with violating fishery and wildlife trading laws.

"Please allow us to remind the local court that the Sino raid of Tubbataha Reefs last Dec. 21 is not only a case of illegal fishing committed by foreign entities," said Fernando Hicap, Pamalakaya chairman.

"What they did was a gross violation of the country’s national sovereignty and patrimony, which merits their imprisonment over and above the P30,000-bail, as required by the fishery law and other existing local ordinances."

Meanwhile, the Department of Foreign Affairs has rejected the Chinese embassy’s diplomatic note requesting the release of the 30 Chinese fishermen before Chinese Premier Wen Jiabao visits next week.

Acting Foreign Affairs spokesman Eduardo Malaya said the case against the Chinese fishermen is for the court to decide.

"The Department assured the embassy that the rights of the Hong Kong nationals to due process will be duly protected, among others," he said. "Meanwhile, the matter is before our courts."

However, China is optimistic that the 30 Chinese fishermen would be released before Wen arrives next week for the ASEAN Summit in Cebu.

"We’re still working with the DFA and trying to find ways to resolve the issue since this is different and complicated this time," a source said.

"There’s no formal response yet from the DFA. We hope this will be resolved before the visit, but it’s complicated."

A senior DFA official said China wants the issue involving their nationals and the Hong Kong vessel Hoi Wan resolved.

"It’s true that we don’t want the Premier Wen’s visit to be marred by this controversy," the official said. "But we should protect our national interest."

Sources at the Chinese embassy said the diplomatic mission raised serious concern because the apprehension and detention of the Hong Kong vessel Hoi Wan and the 30 Chinese fishermen was allegedly made by a non-government organization, the Tubbataha Management Foundation.

Hicap said the counsel of the Chinese fishermen filed a petition for bail for the six men on grounds that they should look after Hoi Wan, which is docked at the Puerto Princesa Port and under the "beneficial custody" of the provincial government.

"The decision of Palawan judge Perfecto Pe ordering the release of the six Chinese poachers might apply to the remaining 24 Sino poachers in jail," he said.

Hicap said the reason given by the lawyer of the Chinese crewmen lacks merit since port authorities in Puerto Princesa could well take care of the Chinese vessel.

"The owners of the Hoi Wan could raise immediately the amount of P720,000 needed to post bail for the other 24 Chinese fishermen," he said.

Hicap said the 30 Chinese fishermen would eventually be freed either through the payment of a bond or presidential pardon.

"The cases were filed in Palawan, but the Palace always intercedes for the release of the arrested Chinese fishermen," Hicap said.

"Remember last June 2006 when 17 Chinese poachers were freed by Malacañang to avoid any diplomatic row with the Republic of China?"

Hicap said for the last six years, the administration had released over 100 Chinese poachers arrested by authorities for illegal fishing through payment of fines or presidential pardon.

"That’s the diplomatic policy of President Arroyo," he said. "The Chief Executive is likely to apply the same policy in this case."

Meanwhile, Senate Minority Leader Aquilino Pimentel Jr. urged the government yesterday to take a definitive stand against China over the arrest of some of the Chinese fishermen caught poaching at the Tubbataha Reefs National Park.

"If the poachers were arrested within our waters, China should respect our processes. It won’t help China’s image regionally or even internationally if it is seen bullying a small country like ours," he said.

"(The government must) stand our ground if our authorities indeed caught the poachers inside our domestic seas. If not, then they should be released."

Last Tuesday, Angelique Songco, Tubbataha Reefs Natural Park (TRNP) manager, said they filed another case against the Chinese fishermen for violating Provincial Ordinance 819 banning the use of compressors in fishing.

"We expect the court to issue a warrant against the Chinese," she said.

"So, those who posted bail and are staying in their boat might be arrested again and brought to jail again. Around 10 compressors, which we strongly believe were used by the Chinese nationals to fish, were found aboard Hoi Wan." — With Pia Lee-Brago, Christina Mendez