Court releases boat in illegal fishing case “without hearing”

CEBU, Philippines - The Municipal Circuit Trial Court (MCTC) in Medellin has ordered the release of a fishing boat seized last month by the Bantay Dagat Anti-Illegal Fishing Task Force of the Municipality of Daanbantayan without hearing the motion.

The owner of F/B RS-II Rojard, Charito Soriba, has filed a motion with affidavit of undertaking to release the fishing boat on July 31, 2013 and through counsel, Pepito Suello, set the hearing on August 2, 2013.

But on the same date, MCTC Circuit Judge Cornelio Jaca ordered the release of the fishing boat to the care of and custody of Soriba, one of the accused in the criminal case pending in his court.

“Accused is directed and obliged to produce the fishing boat whenever the court requires it to be presented,” said Jaca in his order.

Jaca also ordered the extension of time to submit counter-affidavit of the accused for ten days from August 5, 2013 to August 15, 2013; and the transfer of hearing to MCTC Medellin.

Daanbantayan Mayor Augusto Corro questioned the “railroading” by the court of the release of large vessels allegedly caught illegal fishing in the seawater of Carnaza island of the said municipality.

Corro said this has caused a setback in his anti-illegal fishing campaign.

Last Thursday, a motion for reconsideration through public prosecutor Samson Troy Layese was filed stating that the “prosecution has not been given any notice or order to make any comment or opposition to the said motion.”

“That with the assailed order having been issued even before the requested date of hearing on August 2, 2013, and before the prosecution had been given the opportunity to be heard, it is undoubtedly clear that the order was issued without compliance of procedural due process,” the motion read.

Layese asked the court to set the hearing of the motion for approval on August 6, 2013.

Approximately 250 kilos of assorted fish worth more than P20,000 were seized from illegal fishers onboard the said commercial fishing vessel.

Boat owner and crew are now facing criminal charges for violation of Section 90 of RA 8550 also known as Fisheries Code of the Philippines.

The law provides that engaging in fishing in municipal waters and in all bays as well as other fishery management areas using active fishing gears shall be unlawful. (FREEMAN)