7 Chinese fishermen face criminal raps for alleged poaching in Palawan waters

MANILA, Philippines – The Department of Justice (DoJ) has ordered the filing of a criminal case against seven Chinese fishermen arrested for alleged poaching and fishing along the marine waters of Palawan.

In a 4-page resolution, Justice Secretary Leila De Lima said the fishermen violated Republic Act 8550 Section 87 or Poaching in Philippine Waters and Section 27 (f) of Republic Act 9147 or collection, hunting or possessing wildlife against Huang Pu, Ho Ta, Dy Song, Seng Fa, Hu Yung, Lin Shing and Ho Sy.

De Lima reversed the June 29, 2010 resolution that ordered the dismissal of the criminal case against them.

The June 29, 2010 resolution ordered the dismissal of the case, saying that the seven Chinese nationals “have no criminal intent to commit a violation of RA 8550” because the said law “punishes crimes that are innately immoral since they are violations against the fisher folks who belong to the marginalized sector of our society.”

But De Lima said that crimes punishable by special laws, “the act alone, irrespective of the motive constitutes the offense.”

“Fishing inside Philippine waters is not immoral or illicit in itself. However, it becomes illegal when it transgresses special laws and prohibitions set by the government,” De Lima added.

De Lima gave the Palawan provincial prosecutors 10 days to report the actions that they have taken.