Citing "close cordial diplomatic relations" between the two countries, the Philippine government is returning to Vietnam seven fishing vessels confiscated from Vietnamese fishermen who were caught poaching in Palawan last May, according to documents obtained by GMA News Online on Friday.

In a letter from the Office of the President dated November 9, Undersecretary Ronaldo Geron ordered Western Command chief Lt. Gen. Juancho Sabban to immediately release the seven fishing vessels to the Vietnamese government through its embassy in the Philippines, based on a deed of conveyance signed by Executive Secretary Paquito Ochoa.

The Environmental Legal Assistance Center, Inc. (ELAC) based in Palawan, which has been collaborating with local government agencies in going after illegal fishers, criticized the decision of President Aquino and said it sets a "bad precedent" in law enforcement.

"Donating these vessels to Vietnam is virtually returning these to the violators. What assurance is there that poaching incidents from Vietnam would not happen again?" said Atty. Grizelda "Gerthie" Mayo-Anda, assistant executive director of ELAC.

The vessels were confiscated from 122 Vietnamese fishermen who were caught fishing illegally near Palawan last May and found guilty of violating the Fisheries Code by the Palawan Regional Trial Court and Puerto Princesa City Fourth Judicial Region Branch 51 in August. The court awarded the vessels to the Philippine government.

"The Vietnamese poachers were allowed to return to Vietnam and did not pay a single centavo as fine, contrary to the judgment of the court. The vessels could have been the only consolation that the Philippine government would have in this case," Mayo-Anda said.

According to the deed of conveyance signed by Ochoa and Vietnamese ambassador to the Philippines Nguyen Vu Tu dated Oct. 5 2011, the Philippine government would give back the fishing vessels with bow numbers 98709, 99924, 98630. 99367, 98079, 99668, and 98693 to the Vietnamese government.

"In consideration of the close cordial diplomatic relations between the Philippines and Vietnam... and further as an act of goodwill and liberality on the part of the Philippine government, the donor hereby gives, transfers, and conveys by way of donation, unto the said donee, its heirs and assigns, the [vessels]," according to the document, which identified the Philippines as the donor and Vietnam as the donee.

Text messages sent to deputy presidential spokesperson Abigail Valte went unanswered, while Foreign Affairs spokesman Raul Hernandez referred GMA News Online to the office of Ochoa when contacted about the matter.

Five of the confiscated vessels were in the custody of the provincial government of Palawan while the remaining two were entrusted to the Western Command based in Palawan. According to sources in Palawan, the vessels were scheduled to be released at 5 p.m. Friday.

"Civil society groups and law enforcers find the decision of the President very disturbing as it sets a bad precedent in terms of enforcement of our fishery laws," Mayo-Anda said.

"What message are we giving to our law enforcers? We spend so much time, money and effort doing patrols and strengthening fishery law enforcement efforts... and in the end, a so-called 'slap on the wrist' is what we apply when it comes to foreign fishers," she added.

She said the fishing vessels could have been used to support law enforcement efforts against illegal fishing in Philippine waters. - KT/YA, GMA News