MANILA — A lawmaker from this city prodded on Tuesday (12 Dec 2023) concerned agencies and other interested parties to petition the Supreme Court for a Writ of Kalikasan and file admiralty, criminal, and civil cases against the foreign ships that harass Filipino fishermen and ships.
Manila Representative Atty. Joel R. Chua said: “For recent and continuing damage to our coral reefs, a Writ of Kalikasan can be filed with the Supreme Court by petitioners with proper legal standing. Our country has admiralty courts designated by the Supreme Court. The Supreme Court also has issued Rules of Procedure for Admiralty Cases.”
“Diplomatic protests are not enough. They do not faze the other side. It is now time to consider other actions like filing criminal cases and civil suits against the owners of the cargo ships and fishing vessels,” Chua added.
“For incidents that happen outside of the West Philippine Sea and for violations of the UN Convention on the Law of the Sea, there is the International Tribunal on the Law of the Sea or ITLOS. There is also the International Maritime Organization, a specialized agency of the United Nations. There are also international shipping bodies before which complaints can be filed against ships registered with them,” Chua pointed out.
In Filipino, Chua explained: “Hindi na sapat ang mga simpleng diplomatic protest lang. Kahit umabot pa sa libu-libo ang dami ng diplomatic protests, binabalewala lang ‘yan ng Chinese government.”
“Kailangan nang sampahan sa mga korte sa Pilipinas ang mga may-ari ng Chinese cargo vessels na nanagasa sa bangka ng Pinoy fishermen. Dapat ring sampahan ng mga kasong kriminal at sibil pati ang mga Chinese fishing at militia vessels na sangkot sa mga insidente ng harassment at swarming sa ating West Philippine Sea. Idamay na rin ang mga sangkot sa harassment sa mga resupply missions ng BFAR, PCG, PN, at ng ATIN ITO Christmas convoy,” Chua added.
He noted that “when the ships and their transponders can be identified, the owners can be identified and charged in Philippine courts and before international bodies.”
(ai/mnm)
