Environmental Laws and Natural Resources Case Digest Jonardine F.

Briones

ALFREDO TANO VS HON. GOV. SALVADOR P. SOCRATES G.R. No. 110249, August 21, 1997 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. n the same light! the Sangguniang Panlala"igan of Pala"an also enacted a resolution that prohibits the catching! gathering! buying! selling and possessing and shipment of live marine coral d"elling a#uatic organisms for a period of 5 years "ithin the Pala"an "aters. The petitiones $irline Shippers $ssociation of Pala"an together "ith marine merchants "ere charged for violating the above ordinance and resolution by the city and provincial governments. The petitioners no" allege that they have the preferential rights as marginal fishermen granted "ith privileges provided in Section 1%9 of the &ocal 'overnment Code! invo(ing the invalidity of the abovestated enactments as violative of their preferential rights. ISS E: )hether or not the enacted resolutions and ordinances by the local government units violative of the preferential rights of the marginal fishermen R LING : *o! the enacted resolution and ordinance of the &'+ "ere not violative of their preferential rights. The enactment of these la"s "as a valid e,ercise of the police po"er of the &'+ to protect the public interests and the public right to a balance and healthier ecology. The rights and privileges invo(ed by the petitioners are not absolute. The general "elfare clause of the local government code mandates for the liberal interpretation in giving the &'+s more po"er to accelerate economic development and to upgrade the life of the people in the community. The &'+s are endo"ed "ith the po"er to enact the fishery la"s in its municipal "aters "hich necessarily includes the enactment of ordinances in order to effectively carry out the enforcement of fishery la"s in their local community.