MANILA: Philippine tuna exports, one of the country’s top-earning seafood products, could lose key international certifications over the Supreme Court’s controversial decision allowing commercial fishing vessels inside municipal waters.
This was the latest warning issued by industry stakeholders and fisheries advocates, who said the ruling not only threatens the survival of small-scale fisherfolk but also puts at risk the entire tuna supply chain and the country’s access to export markets that demand traceability and sustainability.
“Allowing commercial vessels in municipal waters raises serious questions about stock management and environmental enforcement,” said Veronica “Jinky” Rabano of Jarla Trading, a member of the Philippine Association of Tuna Processors Inc. (PATPI).
Rabano said exporters, processors, and municipal fishers alike are alarmed that they may lose crucial third-party ecolabels, such as the Marine Stewardship Council (MSC) and Friend of the Sea (FOS) certifications—both of which are required by major markets like the European Union (EU), United States, and Japan.
The dispute began with a December 2023 Malabon Regional Trial Court decision that struck down provisions of the Fisheries Code restricting commercial fishing inside municipal waters.
In August 2024, the Supreme Court’s First Division upheld that ruling, effectively opening the 15km municipal zones—long reserved for artisanal and small-scale fishers—to commercial fleets.
Lawyers and fisherfolk have since described the decision as a “serious setback.”
In provinces like Palawan and Mindoro, small-scale fishers warned it would accelerate resource depletion and drive them further into poverty, given that municipal waters are their main source of livelihood and serve as critical spawning grounds for fish.
Now, with exporters raising alarms, the impact of the ruling is seen stretching beyond fishing towns—potentially jeopardising the country’s billion-peso tuna trade and its hard-won sustainability certifications.
Fisherfolk in Mamburao, Mindoro, one of the key tuna-producing areas in the country, said they are already struggling with declining catch and fear that increased competition from commercial fleets will worsen the situation.
“We catch less tuna these days. We used to catch around 100 kilograms per trip. Now, we catch less than 50, if anything at all,” said Bernard Mayo, chairperson of the Municipal Fisheries and Aquatic Resources Management Council (MFARMC) in Mamburao.
“The area designated for municipal fishing is already small, and they want to encroach on that too,” he added.
By law, municipal waters are reserved for small-scale fishers, a principle enshrined in the Fisheries Code and the Constitution to safeguard both livelihoods and marine ecosystems.
According to the Bureau of Fisheries and Aquatic Resources (BFAR), about 70 per cent of tuna caught in municipal waters is harvested by small-scale fishers. Scientists and advocates have long warned that allowing large-scale fleets to operate in these areas will compromise stock management efforts and the sustainability of fish populations.
In 2024, the Philippines shipped more than $500 million worth of tuna products, including US$284.26 million in canned tuna exports to the EU, according to the Philippine Statistics Authority (PSA). The country ranked fourth among the top canned tuna exporters to the European bloc.
Oceana, the largest international ocean conservation advocacy group, warned that the Supreme Court ruling could jeopardise this entire industry.
“The Supreme Court ruling has wide-reaching and increasingly evident impacts that harm fishing associations and small-scale fishers,” said Oceana Vice President Von Hernandez.
“As duty bearers, it is essential for the government to assess how this ruling weakens and jeopardizes the entire framework that sustainability certifications rely on—particularly traceability, fairness for artisanal fishers, and compliance to environmental standards.”
Rabano stressed that for exporters, the loss of these certifications would not just damage reputation—it could shutter businesses.
“Maintaining our certifications is not just about brand reputation; it’s a matter of survival for our business. If we lose them, we risk losing access to our key markets,” she said.
The Department of Agriculture and BFAR have since appealed the Supreme Court’s First Division ruling, citing the urgent need to protect fish stocks and uphold the rights of municipal fishers.
A separate petition for certiorari was filed with the Supreme Court en banc on April 24, 2025, seeking to overturn the Malabon RTC decision that the First Division had affirmed. The petition challenges the December 2023 ruling by the Malabon Regional Trial Court, which voided several provisions of the Fisheries Code.
Among the petitioners are Cardinal Pablo Virgilio David and Oceana, who argue that the decision violates the rights of small-scale fishers and threatens the country’s marine ecosystems.
“It took years and millions of pesos to complete the certification process,” Oceana said, citing the case of the Philippine Tuna Handline Partnership (PTHP), the first Filipino group to receive MSC certification in 2021.
PTHP members include PATPI, the Gulf of Lagonoy Tuna Fishers Federation Inc. (GLTFFI), and the Occidental Mindoro Federation of Tuna Fishers Associations (OMFTFA).
Oceana stressed that if the ruling is enforced, it could undermine not only small fishers, but also the country’s standing in global tuna trade—an industry that rests on sustainability and science-based fishing. - Philippine Daily Inquirer/ANN
