Chinese fishermen plead not guilty to poaching

MANILA, Philippines - The nine Chinese fishermen caught poaching off Half Moon Shoal in the disputed Spratly Islands yesterday pleaded “not guilty” to the charges against them before the Puerto Princesa regional trial court.

Assisted by an interpreter provided by the Chinese embassy, they were presented to the Puerto Princesa RTC Branch 51 for arraignment proceedings that lasted for two hours.

Palawan provincial prosecutor Allen Ross Rodriguez said the accused also finally agreed to be represented by a public attorney. They had initially refused, saying the Philippines has no jurisdiction over them.

Judge Ambrosio de Luna of the environmental court assigned public attorney Jocelyn Fumera to the Chinese fishermen facing charges of violation of Republic Act 8550 (Fisheries Code) and RA 9147 (Wildlife Resources Conservation and Protection Act).

The court set a pre-trial hearing on June 4, according to Rodriguez.

He explained that the fishermen’s acceptance of the public attorney and submission to court proceedings mean that “they have submitted to the jurisdiction of our criminal justice system.”

Justice Secretary Leila de Lima, meanwhile, stressed that the cases against the fishermen would proceed despite demand from China for their immediate release.

“The case will proceed. We have them in custody so the appropriate legal proceedings need to continue,” she told reporters yesterday.

“That (poaching) is covered by our laws,” she stressed.

Last week, Rodriguez approved the indictment of nine of the 11 arrested fishermen and filed the case before the Puerto Princesa City RTC after inquest proceedings.

Two of the Chinese fishermen turned out to be minors and were turned over to the custody of the Department of Foreign Affairs before being deported back to China.

Fortifying KIG

Senior administration lawmakers, meanwhile, are seeking a P1-billion appropriation to build new fortifications and upgrade old structures in the Kalayaan Island Group (KIG) in the West Philippine Sea to protect the country’s sovereignty, solidify its claim over the area and promote tourism.

Cagayan de Oro Rep. Rufus Rodriguez, president of the Centrist Democratic Party, said the proposed appropriation would be used for the construction of a safe harbor, berthing facilities and the repair of the Rancudo airfield on Pag-asa island, where a small contingent of Marines is stationed.

The fund would also be used to enhance the tourism industry of the KIG, he said.

“In order to strengthen our claim and protect our sovereignty, we need to build more structures and fortify our defense of these islands, particularly the construction of a safe harbor as well as the repair of the Rancudo airfield.

“Aside from solidifying our claim, the construction of structures in the Kalayaan Islands would also improve the tourism industry there,” he said.

The KIG is a fifth class municipality in Palawan, and has a population of around 300 to 400 people. It has one barangay, Pag-asa, and a 1.3-kilometer airstrip used by both military and civilian planes.

He said at present, different countries, particularly China, have built strong fortifications and military structures in the KIG.

In several instances, Chinese gunboats have confiscated fishing nets of Filipino fishermen. Increasing Chinese intrusions as well as their illegal occupation of Mischief (Panganiban) Reef are already alarming to the country’s security, he said.

Rodriguez’s proposal is contained in House Bill 4167.

Under the bill, an annual report regarding the use of the funds appropriated shall be submitted to both the Senate and the House.

The bill is now pending at the House committee on appropriations chaired by Davao City Rep. Isidro Ungab Jr.

The KIG is being claimed in whole or in part by other countries including Vietnam, Palau, Malaysia and China.

The Philippines controls seven islands and two reefs in the KIG.

The government said the areas covered by Vietnam’s unilateral partial submission are “disputed because they overlap with those of the Philippines.”

The Philippines also contested the submission by the Republic of Palau establishing the outer limits of its continental shelf that lie beyond 200 nautical miles.

It said the baselines from which the breadth of the territorial sea of Palau is measured overlap with the maritime jurisdiction of the Philippines. – With Paolo Romero, Jaime Laude