IN a classic David vs. Goliath showdown, two fishermen from Victorias City have won more than P600,000 in compensation from the municipal government of Ajuy, Iloilo after the Commission on Audit affirmed their money claim.
For Erwin Estil and Rommel Diadio, it was a bittersweet victory after legal battles that lasted more than decade.
In separate decisions released last week, the COA Commission Proper granted money claims filed by the two fishermen based on final and executory rulings issued in 2016 by the Victorias City Municipal Trial Court 6th Judicial Region.
COA Chair Michael G. Aguinaldo and Commissioner Roland C. Pondoc set the petitioners’ compensation entitlement at P255,000 each subject to annual interest of six percent starting March 7, 2018 or 60 days after the claims were filed before the commission.
The sum includes P150,000 as the value of the confiscated fishing boat, P30,000 unrealized income, P20,000 attorney’s fees, P15,000 litigation expenses, P30,000 moral damages, and P10,000 exemplary damages.
Estil and Diadio had sought a 12 percent interest but the COA noted that only six percent is allowable based on the Bangko Sentral ng Pilipinas-Monetary Board Resolution No. 796.
Records showed the Ajuy PNP apprehended the two and impounded their motorized bancas (M/BCA) on allegations that they were caught fishing inside the municipal waters of Ajuy.
M/BCA Angelica 1, owned by Estil, and M/BCA RJDI, owned by Diadio, were turned over to the custody of the municipal government but, left unattended and exposed to elements, they rotted away and became valueless.
The two fishermen sued the LGU for recovery of the value of their bancas and their lost income, resulting in a court victory on April 19, 2016 that became executory on April 3, 2017.
But incumbent municipal officials refused to comply with court directives to pay the judgment cost on the ground that the obligations were incurred by the previous administration.
The petitioners countered that the claim is not against the officials but against the municipal government which actively participated in the case hence is duty bound to comply with the judgment.
In its decision, the COA upheld the right of the fishermen to compensation.
“The proceedings before the trial court were actively participated in by the municipality until it was declared in default when it failed to present its own evidence. There was also no contest that the fishing boat was actually seized from the possession of the owner, …and that the latter was deprived of his reasonable income the whole time that the fishing boat was not in his possession,” the COA pointed out.
