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Facts
The Sangguniang Panlungsod of Puerto Princessa enacted ordinance no. 15-92 banning the shipment of
live fish and lobster outside Puerto Princessa City for a period of 5 years. In the same light, the
Sangguniang Panlalawigan of Palawan also enacted a resolution that prohibits the catching, gathering,
buying, selling and possessing and shipment of live marine coral dwelling aquatic organisms for a period
of 5 years within the Palawan waters. The petitiones Airline Shippers Association of Palawan together
with marine merchants were charged for violating the above ordinance and resolution by the city and
provincial governments. The petitioners now allege that they have the preferential rights as marginal
fishermen granted with privileges provided in Section 149 of the Local Government Code, invoking the
invalidity of the above-stated enactments as violative of their preferential rights.
Issue
Whether or not the enacted resolutions and ordinances by the local government units violative of the
preferential rights of the marginal fishermen ?
Held
No, the enacted resolution and ordinance of the LGU were not violative of their preferential rights. The
enactment of these laws was a valid exercise of the police power of the LGU to protect public interests
and the public right to a balanced and healthier ecology. The rights and privileges invoked by the
petitioners are not absolute. The general welfare clause of the local government code mandates for the
liberal interpretation in giving the LGUs more power to accelerate economic development and to
upgrade the life of the people in the community. The LGUs are endowed with the power to enact fishery
laws in its municipal waters which necessarily includes the enactment of ordinances in order to
effectively carry out the enforcement of fishery laws in their local community.
Tano v Socrates
GR No. 110249
August 21, 1997
FACTS:
The Sangguniang Panlungsod ng Puerto Princesa City enacted Ordinance N o. 15-92 which took
effect on January 1, 1993 entitled: "AN ORDINANCE BANNING THE SHIPMENT OF ALL LIVE FISH
AND LOBSTER OUTSIDE PUERTO PRINCESA CITY FROM JANUARY 1, 1993 TO JANUARY 1, 1998
AND PROVIDING EXEMPTIONS, PENALTIES AND FOR OTHER PURPOSES THEREOF.
ISSUE:
Section 2 of Article X I I reads: The State shall protect the nation' s marine wealth in its
archipelagic waters, territorial sea, and exclusive economic z one, and reserve its use and enjoyment
exclusively to Filipino citizens. The Congress may, by law , allow small-scale utilization of natural
resources by Filipino citizens, as w ell as cooperative fish farming, with priority to subsistence
fishermen and fishworkers in rivers, lakes, bays, and lagoons.
Sections 2 and 7 of Article XIII provide: Sec. 2. The promotion of social justice shall include the
commitment to create economic opportunities based on freedom of initiative and self-reliance. x x x x x
x x x x Sec. 7. The State shall protect the rights of subsistence fishermen, especially of local
communities, to the preferential use of the communal marine and fishing resources, both inland
and offshore. It shall provide support to such fishermen through appropriate technology and
research, adequate financial, production, and marketing assistance, and other services. The State
shall also protect, develop, and conserve such resources. The protection shall ex tend to offshore
fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just
share from their labor in the utilization of marine and fishing resources.
RULING:
YES. In light then of the principles of decentralization and devolution enshrined in the LGC and the
powers granted to local government units under Section 16 (the General Welfare Clause), and under
Sections 149, 447 (a) (1) (vi), 458 (a) (1) (vi) and 468 (a) (1) (vi), which unquestionably involve the
exercise of police power, the validity of the questioned Ordinances cannot be doubted.