Philippines, Taiwan ink fisheries law enforcement pact

MANILA, Philippines - The Philippines and Taiwan signed a fisheries law enforcement agreement to provide guidelines for law enforcement officials of both sides in addressing maritime disputes.

The Agreement Concerning the Facilitation of Cooperation on Law Enforcement in Fisheries Matters is expected to effectively reduce fisheries disputes in the two countries’ overlapping exclusive economic zones and protect the rights and interests of fishermen.

Representative Antonio Basilio of the Manila Economic and Cultural Office (MECO) in Taiwan and Representative Gary Song-huann Lin of the Taipei Economic and Cultural Office (TECO) in the Philippines signed the agreement last Nov. 5 in Taipei.

Following the signing, the two sides convened the first Technical Working Group meeting the same day. A consensus was reached to give a one-hour advance notification to the other party and release of detained vessels and crew within three days, which were made part of the agreement through an exchange of notes.

The accord and exchange of notes will be announced after both sides have completed their respective domestic administrative procedures.

Under the agreement, before law enforcement action is taken against a fishing vessel from the other party believed to be operating illegally in the overlapping exclusive economic zone (EEZ), one-hour advance notification will be given to the fisheries and coast guard agencies, as well as representative office, of the other party.

If the vessel is found to have violated the law and subsequently detained, it will be released within three days after posting reasonable bond, other security or payment consistent with the law of the arresting party.

Taiwan’s Ministry of Foreign Affairs, Fisheries Agency and Coast Guard Administration will continue to hold consultations with their counterpart in the Philippine government agencies through the cooperation mechanism established under the agreement.

Taiwan appealed to the Philippines to expedite the conclusion of the fisheries agreement between the two governments following the May 2013 incident where a Taiwanese fisherman was killed by Philippine Coast Guard (PCG) personnel for illegal fishing in Balintang Channel off Batanes Islands.

Taiwan has invoked jurisdiction over the case, claiming the incident occurred in its waters. 

The Taiwanese government even conducted its own investigation, but later cooperated with Philippine authorities that insisted on jurisdiction.

The victim’s daughter had filed murder charges before the Pingtung prosecutor’s office in Taiwan. However, the criminal case there has not moved.

On the other hand, a civil suit was filed in Taiwan against the same PCG personnel involved in the incident.

Rodrigo Moreno, counsel of the PCG men accused of homicide before the Manila regional trial court, said the civil suit in Pingtung District Court in Taiwan has complicated the case as it invoked jurisdiction.

“There is a question of jurisdiction, particularly in terms of enforceability of any eventual decision. That becomes the first and foremost issue now,” Moreno said.

With this civil suit, Moreno believes there would be conflict of jurisdiction between the Philippine and Taiwanese courts if both the criminal case in Manila and civil suit in Pingtung would proceed – especially if both courts come up with contrasting findings.

He said this is one of the issues their camp wanted to clarify in seeking assistance from the Department of Foreign Affairs (DFA) recently.

Moreno revealed the DFA has referred his concerns to MECO in Taiwan.

“We are currently coordinating with MECO, but it is not clear at this point what MECO’s position is,” he said.

The lawyer said it is also unclear if the Taiwanese government and the heirs of the victim are no longer interested in pursuing the case in the Philippines against the PCG men.

“It is up to them (Taiwan government). But the question is what is the Philippine government doing about it? It’s bad enough that the PCG men were charged criminally, then now the Philippine government’s policy on the Taiwan civil case is still unclear,” he lamented.

Moreno also revealed his clients would not be able to comply with the summons of the Taiwanese court for the hearing set on Monday, Nov. 23 on the civil case filed by heirs of victim Hung Shih-cheng for “damage compensation due to the infringing behavior” due to lack of financial capability.

The schedule of the hearing in Pingtung court coincides with the trial hearing set by the Manila RTC on the homicide case. But the prosecution panel sought resetting of the hearing for presentation of a fifth witness. – With Edu Punay