Strengthening Environmental Defenders: ELAC’s Rights-Based Training for Upland and Lowland Communities
Puerto Princesa City, Palawan — October 2025.
The Environmental Legal Assistance Center (ELAC), through the United Nations Democracy Fund (UNDEF)-supported project Advanced Participatory Governance for Environmental Protection, continues its series of Rights-Based Legal Seminars and Governance Capacity Development for community members and people’s organizations in northern Puerto Princesa.
Following the successful first session held last October 13-14 and 23–24, 2025, attended by 35 participants, a new round of training is now underway, with around 30 participants expected. While the initial session centered on lowland ecosystems —particularly rivers and the communities that depend on them —the current session expands the focus to marine environments, delving into the seas, mangroves, and the livelihoods of fisherfolk.
Deepening Knowledge of Environmental Laws
This second round of sessions continues to equip grassroots leaders and members of local organizations with practical knowledge of Philippine environmental laws—including the Forestry Code, the Wildlife Act, and other legal frameworks governing quarrying, mining, and development projects. The modules are designed to enhance awareness of communities' rights as environmental duty-bearers and stakeholders, strengthening their ability to hold public officials and corporations accountable.
The training, conducted in a highly participatory format, integrates discussions, case studies, and role-playing exercises to make legal knowledge accessible to non-lawyers.
From Rivers to Seas: Expanding Horizons of Protection
Quarry operation at the Langogan river
The initial session focused on upland and riparian systems, during which participants examined local issues such as siltation, illegal logging, and the impacts of quarrying operations. In this second session, the conversation shifts to coastal ecosystems—examining the interconnected roles of mangroves, seagrass beds, and coral reefs in sustaining fisheries and protecting shorelines.
A key highlight of the discussions is the Mercidar case — a landmark, community-led action in which municipal fisherfolk, local governments, and civil society groups challenged a supreme court decision permitting large commercial fishing operations within the 15-kilometre municipal water zone, traditionally reserved for artisanal fishers.
The case vividly illustrates how informed, organized citizens can employ legal tools to defend both their livelihoods and the environment. It underlines the importance of rights-based legal empowerment, rigorous evidence-based advocacy, persistent community action, and vigilant protection of local governance over natural resources.
The Story
In the early 1990s, small-scale fishers in northern Palawan and other coastal areas of the Philippines began raising alarm: large commercial fishing vessels were increasingly operating within the 15-kilometer zone from shorelines — an area reserved by law under Republic Act No. 8550 (the Fisheries Code, as amended by RA 10654) for municipal fishers.
The case became a flashpoint when Mercidar Fishing Corporation filed a petition to declare key provisions of the Fisheries Code unconstitutional. The movement by municipal fishers and civil society adopted the rallying cry “Atin ang Kinse” (“The 15 is Ours”) to assert their rights and protect their local marine habitat.
The Problem
The lower court (the Malabon Regional Trial Court) ruled on December 11, 2023, that several provisions of the Fisheries Code were unconstitutional — notably those reserving the nearshore “municipal waters” zone for small-scale fishers, and limiting access by large commercial vessels. The Supreme Court of the Philippines’ First Division then affirmed the decision in August 2024, opening the way for commercial fishing in municipal waters.
This poses serious threats to the livelihoods of small-scale fishers, marine biodiversity, food security, and the protective jurisdiction of local government units (LGUs).
The Solution / Call To Action
Although the Supreme Court ruling remains under challenge, a Petition for Certiorari was filed on April 24, 2025, by fisherfolk groups, the Catholic Bishops’ Conference of the Philippines, and NGOs like Oceana Philippines (with urgent support from Environmental Legal Assistance Center), asking the full Court to reverse the decision and restore the preferential rights of municipal fishers.
Meanwhile, the Department of Agriculture (DA) and Bureau of Fisheries and Aquatic Resources (BFAR) filed a motion for reconsideration in January 2025 to press national enforcement of the Fisheries Code while the case proceeds. Communities, LGUs, and advocacy groups are being urged to strengthen monitoring, maintain prohibition of large commercial vessels in municipal waters pending final resolution, and actively defend their rights through governance and legal avenues.
Strengthening the Grassroots
Through these sessions, ELAC reinforces its long-standing commitment to community empowerment as the foundation of sustainable environmental governance. The initiative encourages active participation of people’s organizations during development planning sessions, particularly in areas affected by extractive and high-impact projects such as quarrying and mining.
“Knowledge of the law transforms communities from being victims to defenders.”
“When people understand their rights and responsibilities, they become powerful
stewards of both land and sea.”
As the series continues, ELAC and its partners aim to create a network of empowered local leaders—farmers, fisherfolk, women, and youth—ready to advocate for a balanced relationship between human livelihood and the environment.
About the Project
The Rights-Based Legal Seminars and Governance Capacity Development series is part of ELAC’s broader UNDEF-funded project “Advanced Participatory Governance for Environmental Protection.” The project seeks to strengthen people’s organizations' ability to engage in governance processes meaningfully and to uphold their rights to a healthy environment.
