Agra decision junking poaching case vs 9 Chinese fishermen scored

MANILA, Philippines – The director of the Bureau of Fisheries and Aquatic Resources (BFAR) yesterday warned of a “dangerous precedent” being set by a “midnight” decision of former justice secretary Alberto Agra dropping a poaching case against nine Chinese nationals.

BFAR chief Malcolm Sarmiento warned that Agra’s resolution issued on June 29, if not withdrawn, “would create serious implications since the respondents claimed they were in Chinese territorial waters, when it was clearly established and, in fact, admitted by them that they were in coordinates that were only 50 miles west of Balabac, Palawan.”

“The DOJ (Department of Justice) decision might be used by future violators as a dangerous precedent,” Sarmiento said.

The BFAR, along with stakeholders of the fisheries sector, are urging Justice Secretary Leila de Lima to reverse Agra’s resolution.

The bureau, together with the Palawan Council for Sustainable Development Staff (PCSDS), has filed a motion for reconsideration with the DOJ to set aside the resolution.

The nine Chinese nationals were caught fishing and in possession of endangered marine turtles last May off Balabac Island in Palawan by a joint BFAR-Philippine Coast Guard team.

The BFAR, PCSDS and the Department of Environment and Natural Resources have filed a criminal complaint with the Palawan provincial prosecutor’s office for violations of Philippine fisheries laws, particularly Section 87 of RA 8550 for poaching in Philippine waters, Section 97 of RA 8550 for fishing or taking of rare, threatened or endangered species, Section 27(a) of RA 9147 for killing and destroying wildlife species, and Section 27(f) for collecting, hunting or possessing wildlife, their by-products and derivatives.

Carmelina Guevarra, Palawan associate provincial prosecutor, found sufficient evidence to indict the respondents for violation of Section 87 of RA 8550 and Section 27(f) of RA 9147 or the Wildlife Act of the Philippines.

However, Agra, in his June 29 resolution, granted the petition for review of the respondents’ lawyer and directed the provincial prosecutor of Palawan to withdraw the information filed against them for supposed lack of criminal intent – a necessary element in cases of mala en se or crimes that are inherently immoral.

Agra argued that criminal intent must be clearly established with the other elements of the crime.