32 Chinese fishermen caught in Tubbataha move to appeal case

In the wake of the dismissal of cases filed against 22 Chinese fishermen accused of poaching in Philippine waters, 32 more Chinese fishermen have moved to appeal their cases before the Department of Justice (DOJ).

The 32 Chinese nationals, through their lawyer Roniel Pe, asked the DOJ to dismiss the charges against them, saying they were victims of arbitrary detention and the evidence against them are inadmissible in court.

They sought to nullify the resolutions of the Palawan provincial prosecutor, which recommended the filing of criminal charges against them for poaching.

The 32 Chinese fishermen were caught within the Tubbataha Reefs Marine National Park last month aboard f/v Hoi Wan and their vessel yielded at least 2,000 live fishes, including hundreds of groupers and 359 Napoleon wrasse, locally known as mameng.

They have just posted additional bail so they would not be held in the Palawan Provincial Jail, park manager Angelique Songco said, after an arrest warrant was issued against them on charges that they violated Sections 97 and 100 of Republic Act 8550, otherwise known as Fisheries Code of the Philippines.

"We have not received yet a copy of their petition for review/appeal with the DOJ. I heard they snail-mailed it instead of personally delivering them even if they are here in Palawan, which we consider as part of their delaying tactics," she said.

To date, the Chinese fishermen have already paid bail bond totaling P2.5 million, Songco said.

Initially, the Chinese fishermen posted bail of almost P1 million for their temporary liberty. They were consequently herded to an apartment in Puerto Princesa City from the provincial jail.

On Jan. 23, the court issued a warrant of arrest against the Chinese crew, who then paid around P1.7 million bail. They were charged with violating Sections 87, 97, and 100 of RA 8550. These provisions dealt with poaching; taking of rare, threatened and endangered species; and exportation of fish species.

They were also charged with violating Section 20 of RA 7586 or the National Integrated Protected Areas System, for using motorized equipment without a permit from the Protected Areas Management Board; and Section 27 of RA 9147 or the Philippine Wildlife Resources Conservation Act for possession of wildlife.

The 32 Chinese nationals were also charged for violating Provincial Ordinance 819, which bans the use of compressors. The Hoi Wan yielded around 10 compressors.

In an interview, Pe said his Chinese clients were detained for 10 days since they were apprehended on Dec. 21 last year at the mooring bay of the ranger station in Tubbataha reef without any justification.

Pe said his clients were only escorted to Puerto Princesa City and brought for inquest only on Dec. 31.

"Absent any explanation or evidence to overcome the actual fact of delay, the resolution should have ruled that the accusations must be dismissed absent any evidence of any justification for the delay. For actual violation of detention speaks of tainted evidence, hence unreliable. If this kind of evidence is admitted, it will encourage abuses among law enforcers," the petition read.

Pe said arbitrary detention is a criminal offense punishable under Article 125 of the Revised Penal Code.

Reports had it that the Hoi Wan was spotted within the vicinity of 1.5 miles southwest of Tubbataha Ranger Station.

The Tubbataha rangers boarded and inspected the vessel and discovered that the ship was loaded with several live fish species.

The Chinese also yielded fishing paraphernalia and dried sea cucumber.

Last Jan. 12, Provincial Prosecutor Alen Ross Rodriguez recommended the filing of charges against the Chinese poachers, saying there is prima facie evidence that the Hoi Wan crewmen were poaching in Philippine waters, thus the arrest was valid.

Rodriguez said the delay in the delivery of the Chinese for inquest was justified and proper since it was due to bad weather.

The Chinese nationals who were charged include Hoi Wan captain Huang Yaliu; Fong Kwan Kong, president of Hoi Wan’s charterer, South Pacific Intermaking Corp.; Nixon Edora, operations manager; and crewmen Wei Chijia, Liang Mingzhong, Gan Xuanchuo, Tan Zhi, Tian Huiping, Tan Jiuzhen, Tan Xingwei, Tan Jianjun, Tan Xingji, Tan Rongjie, Tan Zeli, Yang Fu, Yang Xi, Gong Zhili, Wu Yuwen, Fang Yicheng, Liang Jianxing, Gong Zhimei, Tian Heping, Guan Liwei, Guan Zhongze, Guan Runyi, Feng Guimei, Xie Liyu, Luo Weizhing, Zhou Chaosheng, Lin Mao, Ying Jihong and He Yongjie.

In their petition for review, the Chinese nationals said the rangers could not have possibly determined whether a boat is moving or not within the Tubbataha zone even with the aid of global positioning system (GPS) equipment.

They said the GPS equipment can only determine the location of the person holding it, but not the location of anyone else.

They claimed that poachers are usually equipped with tools such as telescopes and would assign lookouts to evade being caught by patrolling rangers.

"As such, if they were indeed guilty of poaching, it is very much expected that an ordinary habit of crime doers would assign lookouts to all directions to watch out for oncoming authorities. So that it becomes impossible for the crewmen of f/v Hoi Wan not to notice an intruder even beyond 1.5 nautical miles away," the petition read.

Meanwhile, government prosecutors filed Thursday the motion to withdraw the two cases filed against the 22 Chinese fishermen captured by Philippine authorities aboard an unnamed Chinese vessel on Oct. 21, 2006 off Mangsee Island in Balabac, Palawan.

The motion to withdraw the cases was in accordance with the resolution issued by Justice Secretary Raul Gonzalez last Jan. 17, reversing the findings of the provincial prosecutor of probable cause against the accused poachers.

Gonzalez’s resolution dismissed the cases against the 22 Chinese nationals for 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, as among the basis for the dismissal of the cases.

Gonzalez’s resolution directed the Provincial Prosecution Office to withdraw the cases from Branch 52 of the Palawan Regional Trial Court.

The 22 accused Chinese poachers were caught with dead and live fish that registered residues of chemicals contained in dynamite. Authorities believe that the fishermen could have used explosives to capture the fish, which is in violation of Philippine laws.

The Chinese poachers were charged with violating Sections 87, 88, and 97 of RA 8550, but the prosecutor’s office dismissed the case involving Section 97.

However, the accused, through their lawyer, reportedly used "every legal tactic available" to suspend the proceedings for the two cases until the DOJ resolution came. — With Jose Rodel Clapano and Marvin Sy