Senator Loren Legarda underscored the urgency of protecting 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 turning point that weakened safeguards for millions of fisherfolk.

She stressed that the government’s lapses in timely 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 delays.

The ruling left municipal waters vulnerable to commercial encroachment, exposing small fisherfolk to unfair competition and threatening their livelihoods. With fisheries production dropping to around 3.96 million metric tons in 2025, the lowest in two decades, the effects of the Mercidar case have become even more pronounced, affecting 965 coastal municipalities and 25 coastal cities across 67 provinces, where about 60 percent of Filipinos live.

The four-term senator criticized lapses by the Department of Agriculture (DA) and the Bureau of Fisheries and Aquatic Resources (BFAR), recalling the Mercidar Fishing Corp. case where, through the Office of the Solicitor General, the government failed to file a timely response. This led the Malabon Regional Trial Court — later affirmed by the Supreme Court — to declare unconstitutional the provisions reserving municipal waters for small-scale fisherfolk.

“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.

Legarda emphasized that the 15-kilometer municipal waters must remain exclusively reserved for small fisherfolk. To restore these safeguards and reaffirm their constitutional preferential rights, she filed Senate Bill No. 522, the Municipal Fisherfolk Protection Act, which seeks to strengthen protections and ensure sustainable livelihood 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,” Legarda said.

The measure also prioritizes registered fisherfolk cooperatives in the grant of fishing rights, sets strict science‑based safeguards before any commercial entry is allowed, and provides livelihood and institutional support to ensure sustainability and social justice.

Legarda further stressed that reforms must provide real support to fisherfolk, pointing to the need for funding and facilities such as cold storage and processing to uplift the 27.4% who remain poor, and ensuring that fuel subsidies under the Pantawid Pambangka Act directly reach them to ease the 60% share of fuel costs burdening their livelihood.

She emphasized, however, that these reforms cannot move forward if the top officials of concerned agencies fail to attend crucial deliberations and directly answer for the policies affecting millions of fisherfolk.

“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,” Legarda said, referring to the absence of top officials during the hearing.

Legarda further urged the agency to send their officials and come fully prepared to the next Senate hearing, stressing that accountability cannot be delegated to representatives when laws affecting the country’s coastal communities and small fishing families are on the line.

She concluded by reminding the agency that legislative measures must translate into real protection for the sector.

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