MANILA — Loren Legarda highlighted the urgent need to protect municipal waters and small fisherfolk during the Senate Committee on Agriculture, Food and Agrarian Reform hearing on February 18, citing the Mercidar Fishing Corp. case as a key example of government lapses that weakened protections for millions of coastal workers.

Legarda pointed out that delays in the government’s response led to a Supreme Court ruling that struck down provisions reserving municipal waters for small-scale fisherfolk — not on the merits of the Fisheries Code but due to procedural lapses. She said this left municipal waters open to commercial encroachment, exposing small fisherfolk to unfair competition and threatening their livelihoods.

With fisheries production falling to around 3.96 million metric tons in 2025, the lowest in two decades, the effects of the Mercidar case have been felt across 965 coastal municipalities and 25 coastal cities in 67 provinces, home to about 60 percent of Filipinos.

“Una, hindi timely response. Pangalawa, late filing. Ibig sabihin, hindi sa merits ng municipal waters at ng fisheries code. Dahil ang gobyerno ay nahuli dalawang beses,” Legarda said, recalling how the Department of Agriculture (DA) and the Bureau of Fisheries and Aquatic Resources (BFAR), through the Office of the Solicitor General, failed to file a timely response. The Malabon Regional Trial Court — later affirmed by the Supreme Court — declared unconstitutional the provisions reserving municipal waters for small-scale fisherfolk.

To restore these protections, Legarda filed Senate Bill No. 522, the Municipal Fisherfolk Protection Act, which seeks to reaffirm the exclusive rights of small fisherfolk to the 15-kilometer municipal waters, strengthen safeguards, and ensure sustainable livelihoods for coastal communities.

“Mahalaga na maibalik ang proteksyon sa ating municipal waters. Sa pamamagitan ng Municipal Fisherfolk Protection Act na aking inihain, dapat muling kilalanin at pangalagaan ang eksklusibong karapatan ng maliliit na mangingisda,” she said.

The proposed measure prioritizes registered fisherfolk cooperatives in granting fishing rights, imposes science-based safeguards before commercial activities are allowed, and provides livelihood and institutional support for sustainability and social justice.

Legarda also stressed the need for funding and facilities, such as cold storage and processing centers, to support the 27.4% of fisherfolk who remain poor, and for fuel subsidies under the Pantawid Pambangka Act to reach small fisherfolk directly, easing the 60% fuel cost burden on their livelihoods.

She criticized the absence of top agency officials during crucial deliberations, saying accountability cannot be delegated when laws affecting millions of fisherfolk are at stake.

“Pag sila’y humihingi ng kanilang taunang budget, nandito lahat at nag-aantay maski overnight. Pero pag mga panukalang batas na naapektuhan lalo na ang taong bayan, wala sila,” she said, urging the agencies to send fully prepared officials to the next Senate hearing.

Legarda concluded by emphasizing that legislative measures must deliver real protection for coastal communities.

“Ang mga panukalang ito ay dapat magbigay ng tunay na dignidad at siguridad sa ating mga mangingisdang Pilipino,” she said.