A suspected illegal fisherman was wounded at sea off Palumbanes island off Caramoran last week after a police officer was forced to fire at him when the former tried to throw an improvised explosive at the seaborne patrol.
Melvin Pia Castillo, 33, married and a resident of sitio Palumbanes, barangay Toytoy, needed hospitalization at Pandan district hospital for the treatment of a gunshot wound sustained in the police operation.
His two companions – German Interno Ferrer and Amador Samudio Bermejo, also residents of Palumbanes – managed to escape but they, along with Castillo, will be charged with violation of Republic Act 10654, or the “Act to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing” in amendment of the Philippine Fisheries Code of 1998.
Section 92 of RA 10654 penalizes fishing through the explosives, noxious or poisonous substance, or electricity, with an administrative fine of P30,000 to P3 million plus confiscation of catch, as well as imprisonment of five (5) to 10 years and a fine equivalent to the administrative fine if convicted before a court of law.
The report stated that at about 1:40 PM of Aug. 20, 2024, the Caramoran police station received a phone call from a concerned citizen regarding an ongoing dynamite fishing within the seawaters of the town.
Personnel led by PSSg Ronnie de Quiroz immediately launched a seaborne patrol and chanced upon the three suspects on board a motorized banca and actually engaging in dynamite fishing.
Upon noticing the presence of the authorities, the trio allegedly threw the improvised explosives (bigas-bigas) at the police-commandeered vessel but fortunately they were not hit.
Determined to escape, the trio again threw another explosive at the team, prompting PSSg de Quiroz to draw his service firearm and fire at the suspects, hitting Castillo.
The report did not state how the injured fisherman’s two companions fled the scene as the police managed to recover their motorized banca as well as two pieces of the improvised explosive.
It is the second incident in the past six months involving a police team firing at suspected illegal fishermen along Maqueda Channel.
Last March 15, two suspected illegal fishermen from Tabaco City were injured when police officers on a seaborne patrol fired at two of them near midnight off San Andres town when the latter tried to throw a lighted explosive at the law enforcers.
At about 11:30 PM, at the sea between Cabcab and Bislig, the team led by PSSg Garry Manlangit, together with two other law enforcers, an LGU personnel and two Bantay Dagat members, caught five men in the act of using an air compressor as breathing apparatus in gathering marine products.
After one of the Bantay Dagat volunteer accidentally fell to the sea, the suspects took an improvised explosive contained in a bottle, lighted it and tried to throw it at the police officers’ banca, prompting the lawmen to fire at the suspects.
Fortunately, the explosives fell and exploded on the water.
Two of the suspects were not as lucky and sustained gunshot wounds in their lower extremities.
Current Police Operational Procedures (POP) authorize police officers to employ lethal equipment as a last resort, especially when faced with armed and dangerous suspects with intention to cause severe injury, serious bodily harm and/or death to police officers and other people.
The use of handguns and rifles is authorized to prevent the unlawful aggression and immobilize the suspect, with the police instructed to avoid hitting the head or other vital parts of the body.
The guidelines does not allow the use of warning shots during police operation except when the police officer is outnumbered and overpowered, and his/her life and limb is in imminent danger.