Justice Secretary Raul Gonzalez issued early this week a resolution dropping the cases against the fishermen, who were apprehended by authorities in the area of Mangsee Island in Balabac on Oct. 21, 2006.
Gonzalez’s resolution stemmed from the petition for review/appeal filed by the 22 accused poachers before the Department of Justice (DOJ) after the lower court dismissed their motion for reinvestigation and motion for reconsideration on the case.
The Chinese fishermen were charged with violating provisions of the Philippine Fisheries Code, which pertain to poaching and fishing through explosives. They were also charged with the fishing or taking of rare, threatened or endangered species. Palawan’s prosecutor’s office, however, dismissed the case.
With the DOJ’s decision, prosecutors were concerned over the possible release of the alleged poachers, their vessel and fishing paraphernalia.
"I have talked with the prosecutors and BFAR (Bureau of Fisheries and Aquatic Resources) personnel here and expressed our concern over this development," said lawyer Gerthie Mayo-Anda of the Environmental Legal Assistance Center Inc. in Palawan.
The BFAR and Philippine Coast Guard (PCG) apprehended the fishermen, including their captain Kwok Wai Ming, aboard an unnamed Chinese vessel. Dead and live fish were seized from their boat.
Examinations revealed that the fish were found positive with chemicals contained in dynamite and thus, could have only been acquired through "dynamite fishing."
In its decision, the DOJ took into consideration the possible inaccuracy of the claim of the arresting operatives that the Chinese vessel was within Philippine waters.
The DOJ also noted a "glaring discrepancy" on the dates appearing on the confiscation receipt on the fish and the actual inspection of the boat.
The BFAR’s legal team will appeal Gonzalez’s ruling.
Prosecutors also fear that this development would set a bad precedent in the case of the 30 Chinese nationals apprehended last Dec. 21 for intruding the waters of the protected Tubbataha Reefs.
"There is anticipation that the accused in the Hoi Wan case may adopt the strategy in this case and file petition for review before the DOJ," Anda pointed out.
Found inside the Hoi Wan ship were 300 Napoleon wrasses, an endangered specie protected under the Fisheries Code.
The Chinese nationals, however, were able to post a bond of P30,000 each.
Meanwhile, senators are pushing for strong measures to ensure punishment of foreigners illegally fishing in the country’s waters.
Sen. Pia Cayetano, who chairs the committee on environment and natural resources, said she would incorporate a number of measures against poachers in the committee report on her proposed bill seeking to declare the Tubbataha Reefs Marine Natural Park (TRMNP) as a protected area.
One is a provision mandating the courts to automatically issue a hold-departure order as a condition for the grant of bail to any foreigner caught fishing or operating a fishing vessel within the TRMNP.
The poachers’ shipping vessels and equipment would automatically be confiscated and placed under the custody of the Tubbataha Management Office.
Cayetano said that she would also push for greater local representation in the management of TRMNP by naming the head of the Palawan Council for Sustainable Development as co-chair of the Tubbataha Management Board.
The senator said that the amendments to her bill were based on inputs from government agencies, small fisherfolk groups and non-government organizations directly involved in managing the reefs and in prosecuting foreign poachers.
Sen. Jamby Madrigal has filed Senate Resolution 611 calling for an in-depth probe on the high incidence of poaching involving Chinese fishermen in Philippine waters.
The four-page resolution noted that in the past years, around 900 foreign nationals have poached within the TRMNP. Of the number of arrests made, 660 were of Chinese nationals. — With Marvin Sy