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Chinese poachers caught near Spratlys to face charges


Justice Secretary Leila de Lima has reversed the ruling of her predecessor, Alberto Agra, who dismissed criminal charges against Chinese fishermen caught poaching in Palawan waters near the Spratly Islands in May last year. In a resolution issued Friday, de Lima ordered the Palawan Provincial Prosecutor to file charges against the fishermen for an alleged violation of the Philippine Fisheries Code of 1998 (Republic Act 8550) and the Wildlife Resources Conservation and Protection Act (RA 9147). The seven Chinese nationals to be indicted are Huang Pu, Ho Ta, Dy Song, Seng Fa, Hu Yung, Lin Shing, and Ho Sy. They were caught in May 2010 45 nautical miles from the disputed Spratly Islands. They were on board their fishing vessel, Song Song Hai, when the Philippine Coast Guard (PCG) arrested them. The PCG found in their possession items used for capturing marine turtles, including bales of nets, and cotton-like stuffing materials and formaldehyde. The fishing boat also had an aquarium designed to hold live marine animals for long periods. The PCG suspected that the boat was engaged primarily in collecting marine turtles and stuffing them for ornamental purposes. De Lima: 'Lack of criminal intent does not absolve' The Palawan Provincial Prosecutor found probable cause to prosecute them before the court, but the alleged poachers appealed the findings to the Department of Justice, then under the leadership of Agra. In June 2010, Agra reversed the local prosecutor's decision and dismissed the charges on the ground that the fishermen had no criminal intent to violate Philippine law because they were unaware they were fishing in Philippine waters. But in her resolution, De Lima said that lack of criminal intent cannot absolve an accused. "Violations of fisheries and wildlife laws are acts which are prohibited for reasons of public policy and are penalized by special statutory laws. As such, criminal intent is not necessary in order to come to a conclusion that a violation of RA 8550 and RA 9147 has been committed," De Lima said. "Thus, respondents' defense of good faith and/or lack of criminal intent, since they allegedly believed that they were not yet within the territorial jurisdiction of the Philippines, can not be considered," she added. - GMA News

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