EN BANC

[G.R. No. 110249. August 21, 1997]

ALFREDO TANO, BALDOMERO TANO, DANILO TANO, ROMUALDO
TANO, TEOCENE MIDELLO, ANGEL DE MEA, EULOGIO
TREMOC!A, FELI"E ONGONION, #R., ANDRE LINI#AN,
ROBERT LIM, $IRGINIA LIM, FELIMON DE MEA, GENEROO
ARAGON, TEODORICO ANDRE, ROMULO DEL ROARIO,
C!OLITO ANDRE, ERIC% MONTANO, ANDRE OLI$A, $ITTORIO
AL$ADOR, LEO"OLDO ARAGON, RAFAEL RIBA, ALE#ANDRO
LEONILA, #OE DAMACINTO, RAMIRO MANAEG, RUBEN
MARGATE, ROBERTO RE&E, DANILO "ANGARUTAN, NOE
GOL"AN,ETANILAO ROMERO, NICANOR DOMINGO, ROLDAN
TABANG, "ANGANIBAN, ADRIANO TABANG, FREDDIE
ACAMA&, MIGUEL TRIMOC!A, "ACENCIO LABABIT, "ABLO !.
OM"AD, CELETINO A. ABANO, ALLAN ALMODAL, BILL& D.
BARTOLA&, ALBINO D. LI'UE, MELC!OR #. LA&ON, MELANI
AMANTE, CLARO E. &ATOC, MERGELDO B. BALDEO, EDGAR
M. ALMAET A., #OELITO MANAEG, LIBERATO ANDRADA,
#R., ROBERTO BERR&, RONALD $ILLANUE$A, EDUARDO
$ALMORIA, (ILDREDO MENDO)A, NA"OLEON BABANGA,
ROBERTO TADE"A, RUBEN AINGUA, IL$ERIO GABO, #ERR&
ROMERO, DA$ID "ANGAGARUTAN, DANIEL "ANGGARUTAN,
ROMEO AGA(IN, FERNANDO E'UI), DITO LE'UI), RONILO
ODERABLE, BENEDICTO TORRE, ROITO A. $ALDE),
CREENCIO A. A&ANG, NICOMEDE . ACOTA, ERENEO A.
EGARINO, #R., (ILDREDO A. RAUTO, DIODADO A. ACOTA,
BONIFACIO G. IMO, TACIO ALUBA, DANIEL B. BATER)AL,
ELIEO &BA*E), DIODADO E. !ANC!IC, EDDIE ECALICA,
ELEA)AR B. BATER)AL, DOMINADOR !ALIC!IC,
ROOE$ELT RIMO+AN, ROBERT C. MERCADER, TIRO
AREGADO, DANIEL C!A$E), DANILO C!A$E), $ICTOR
$ILLAROEL, ERNETO C. &ABANE), ARMANDO T. ANTILLAN,
RUD& . ANTILLAN, #OD#EN ILUTRIIMO, NETOR
ALANGRON, ALBERTO ALANGRON, ROGER L. RO,A,
FRANCICO T. ANTICANO, "ATOR ALANGRON, BIEN$ENIDO
ANTILLAN, GILBUENA LADD&, FIDEL BEN#AMIN #O$ELITO
BELGANO, !ONE& "ARIOL, ANTONIO ALANGRON, NICAIO
ALANGRON, - AIRLINE !I""ER AOCIATION OF
"ALA(AN, petitioners, vs. GO$. AL$ADOR ". OCRATE,
MEMBER OF ANGGUNIAN "ANLALA(IGAN OF "ALA(AN,
./0123, $ICE+GO$ERNOR #OEL T. RE&E, #OE D. )ABALA,
ROALINO R. ACOTA, #OELITO A. CADLAON, ANDRE R.
BAACO, NELON ". "ENE&RA, CI"RIANO C. BARROMA,
CLARO E. ORDINARIO, ERNETO A. LLACUN, RODOLFO C.
FLORDELI)A, GILBERT . BAACO, (INTON G. AR)AGA,
NA"OLEON F. ORDONE) /.4 GIL ". ACOTA, CIT& MA&OR
ED(ARD !AGEDORN, MEMBER OF ANGGUNIANG
"ANLUNGOD NG "UERTO "RINCEA, ALL MEMBER OF
BANTA& DAGAT, MEMBER OF "!ILI""INE NATIONAL "OLICE
OF "ALA(AN, "RO$INCIAL AND CIT& "ROECUTOR OF
"ALA(AN /.4 "UERTO "RINCEA CIT&, /.4 ALL #UDGE OF
"ALA(AN, REGIONAL, MUNICI"AL AND METRO"OLITAN,
respondents.
D E C I I O N
DA$IDE, #R., J.5
Petitioners caption their petition as one for Certiorari, Injunction With Preliminary
Mandatory Injunction,with Prayer for emporary !estrainin" #rder$ and pray that this
Court% &'( declare as unconstitutional% &a( #rdinance No) '*+,-, dated '* .ecem/er
',,-, of the Sangguniang Panlungsod of Puerto Princesa0 &/( #ffice #rder No) -1,
2eries of ',,1, dated -- 3anuary ',,1, issued /y Actin" City Mayor Amado 4) 4ucero
of Puerto Princesa City0 and &c( !esolution No) 11, #rdinance No) -, 2eries of ',,1,
dated ', 5e/ruary ',,1, of the Sangguniang Panlalawigan of Palawan0 &-( enjoin the
enforcement thereof0 and &1( restrain respondents Pro6incial and City Prosecutors of
Palawan and Puerto Princesa City and 3ud"es of !e"ional rial Courts, Metropolitan
rial Courts
i7'8
and Municipal Circuit rial Courts in Palawan from assumin" jurisdiction
o6er and hearin" cases concernin" the 6iolation of the #rdinances and of the #ffice
#rder)
More appropriately, the petition is, and shall /e treated as, a special ci6il action for
certiorari and prohi/ition)
he followin" is petitioners9 summary of the factual antecedents "i6in" rise to the
petition%
') #n .ecem/er '*, ',,-, the 2an""unian" Panlun"sod n" Puerto Princesa
City enacted #rdinance No) '*+,- which too: effect on 3anuary ', ',,1 entitled% AN
#!.INANCE BANNIN; <E 2<IPMEN #5 A44 4I=E 5I2< AN. 4#B2E!
#>2I.E P>E!# P!INCE2A CI? 5!#M 3AN>A!? ', ',,1 # 3AN>A!? ', ',,@
AN. P!#=I.IN; EAEMPI#N2, PENA4IE2 AN. 5#! #<E! P>!P#2E2
<E!E#5$, the full teBt of which reads as follows%
2ection ') itle of the #rdinance) + his #rdinance is entitled% AN
#!.INANCE BANNIN; <E 2<IPMEN #5 A44 4I=E 5I2< AN. 4#B2E!
#>2I.E P>E!# P!INCE2A CI? 5!#M 3AN>A!? ', ',,1 #
3AN>A!? ', ',,@ AN. P!#=I.IN; EAEMPI#N2, PENA4IE2 AN. 5#!
#<E! P>!P#2E2 <E!E#5)
2ection -) Purpose, 2cope and Co6era"e) + o effecti6ely free our City
2ea Waters from Cyanide and other #/noBious su/stance, and shall co6er all
persons andCor entities operatin" within and outside the City of Puerto
Princesa who is are 7sic8 directly or indirectly in the /usiness or shipment of
li6e fish and lo/ster outside the City)
2ection 1) .efinition of terms) + 5or purpose of this #rdinance the
followin" are here/y defined%
A) 2EA BA22 + A :ind of fish under the family of Centropomidae, /etter
:nown as APA<AP0
B) CA5I2< + A :ind of fish under the family of Plotosidae, /etter :nown
as <I#+<I#0
C) M>.5I2< + A :ind of fish under the family of #rphicaphalisae /etter
:nown as .A4A;
.) A44 4I=E 5I2< + All ali6e, /reathin" not necessarily mo6in" of all
specie7s8 use for food and for aDuarium purposes)
E) 4I=E 4#B2E! + 2e6eral relati6ely, lar"e marine crustaceans of the
"enus <omarus that are ali6e and /reathin" not necessarily mo6in")
2ection E) It shall /e unlawful 7for8 any person or any /usiness enterprise
or company to ship out from Puerto Princesa City to any point of destination
either 6ia aircraft or seacraft of any li6e fish and lo/ster eBcept 2EA BA22,
CA5I2<, M>.5I2<, AN. MI4F5I2< 5!IE2)
2ection *) Penalty Clause) + Any personCs and or /usiness entity
6iolatin" this #rdinance shall /e penaliGed with a fine of not more than
P*,HHH)HH or imprisonment of not more than twel6e &'-( months, cancellation
of their permit to do /usiness in the City of Puerto Princesa or all of the herein
stated penalties, upon the discretion of the court)
2ection I) If the owner andCor operator of the esta/lishment found
6ilatin" the pro6isions of this ordinance is a corporation or a partnership, the
penalty prescri/ed in 2ection * hereof shall /e imposed upon its president
andCor ;eneral Mana"er or Mana"in" Partner andCor Mana"er, as the case
may/e 7sic8)
2ection J) Any eBistin" ordinance or any pro6ision of any ordinance
inconsistent to 7sic8 this ordinance is deemed repealed)
2ection @) his #rdinance shall ta:e effect on 3anuary ', ',,1)
2# #!.AINE.)$
BBB
-) o implement said city ordinance, then Actin" City Mayor Amado 4) 4ucero
issued #ffice #rder No) -1, 2eries of ',,1 dated 3anuary --, ',,1 which reads as
follows%
In the interest of pu/lic ser6ice and for purposes of City #rdinance No)
P.E-I+'E+JE, otherwise :nown as KAN #!.INANCE !EL>I!IN; AN?
PE!2#N EN;A;E. #! INEN.IN; # EN;A;E IN AN? B>2INE22,
!A.E, #CC>PAI#N, CA44IN; #! P!#5E22I#N #! <A=IN; IN <I2
P#22E22I#N AN? #5 <E A!IC4E2 5#! W<IC< A PE!MI I2
!EL>I!E. # BE <A., # #BAIN 5I!2 A MA?#!92 PE!MI$ and City
#rdinance No) '*+,-, AN #!.INANCE BANNIN; <E 2<IPMEN #5 A44
4I=E 5I2< AN. 4#B2E! #>2I.E P>E!# P!INCE2A CI? 5!#M
3AN>A!? ', ',,1 # 3AN>A!? ', ',,@, you are here/y authoriGed and
directed to chec: or conduct necessary inspections on car"oes containin" li6e
fish and lo/ster /ein" shipped out from the Puerto Princesa Airport, Puerto
Princesa Wharf or at any port within the jurisdiction of the City to any point of
destinations 7sic8 either 6ia aircraft or seacraft)
he purpose of the inspection is to ascertain whether the shipper
possessed the reDuired Mayor9s Permit issued /y this #ffice and the shipment
is co6ered /y in6oice or clearance issued /y the local office of the Bureau of
5isheries and ADuatic !esources and as to compliance with all other eBistin"
rules and re"ulations on the matter)
Any car"o containin" li6e fish and lo/ster without the reDuired documents
as stated herein must /e held for proper disposition)
In the pursuit of this #rder, you are here/y authoriGed to coordinate with
the PA4 Mana"er, the PPA Mana"er, the local PNP 2tation and other offices
concerned for the needed support and cooperation) 5urther, that the usual
courtesy and diplomacy must /e o/ser6ed at all times in the conduct of the
inspection)
Please /e "uided accordin"ly)$
BBB
1) #n 5e/ruary ',, ',,1, the 2an""unian" Panlalawi"an, Pro6incial
;o6ernment of Palawan enacted !esolution No) 11 entitled% A !E2#4>I#N
P!#<IBIIN; <E CAC<IN;, ;A<E!IN;, P#22E22IN;, B>?IN;, 2E44IN;
AN. 2<IPMEN #5 4I=E MA!INE C#!A4 .WE44IN; AL>AIC #!;ANI2M2, #
WI% 5AMI4?% 2CA!I.AE &MAMEN;(, EPINE P<E4>2 5A2CIA>2 &2>N#()
C!#MI4EPE2 A4I=E4I2 &PAN<E! #! 2EN#!IA(, 4#B2E! BE4#W -HH
;!AM2 AN. 2PAWNIN;, !A.ACNA ;I;A2 &AF4#B#(, PINCA.A
MA!;A!IE5E!A &M#<E! PEA!4, #?2E!2, ;IAN C4AM2 AN. #<E!
2PECIE2(, PENAE>2 M#N#.#N &I;E! P!AWN+B!EE.E! 2IME #! M#<E!(,
EPINEP<E4>2 2>I44>2 &4#BA #! ;!EEN ;!#>PE!( AN. 5AMI4?% BA4I2I.AE
&!#PICA4 AL>A!I>M 5I2<E2( 5#! A PE!I#. 5I=E &*( ?EA!2 IN AN. C#MIN;
5!#M PA4AWAN WAE!2$, the full teBt of which reads as follows%
W<E!EA2, scientific and factual researches 7sic8 and studies disclose
that only fi6e &*( percent of the corals of our pro6ince remain to /e in eBcellent
condition as 7a8 ha/itat of marine coral dwellin" aDuatic or"anisms0
W<E!EA2, it cannot /e "ainsaid that the destruction and de6astation of
the corals of our pro6ince were principally due to ille"al fishin" acti6ities li:e
dynamite fishin", sodium cyanide fishin", use of other o/noBious su/stances
and other related acti6ities0
W<E!EA2, there is an imperati6e and ur"ent need to protect and
preser6e the eBistence of the remainin" eBcellent corals and allow the
de6astated ones to rein6i"orate and re"enerate themsel6es into 6itality within
the span of fi6e &*( years0
W<E!EA2, 2ec) EI@, Par) ', 2u/+Par) =I of the 7sic8 !)A) J'IH otherwise
:nown as the 4ocal ;o6ernment Code of ',,' empowers the 2an""unian"
Panlalawi"an to protect the en6ironment and impose appropriate penalties
7upon8 acts which endan"er the en6ironment such as dynamite fishin" and
other forms of destructi6e fishin", amon" others)
N#W, <E!E5#!E, on motion /y Fa"awad Nelson P) Peneyra and
upon unanimous decision of all the mem/ers present0
Be it resol6ed as it is here/y resol6ed, to appro6e !esolution No) 11,
2eries of ',,1 of the 2an""unian" Panlalawi"an and to enact #rdinance No)
- for the purpose, to wit%
#!.INANCE N#) -
2eries of ',,1
BE I #!.AINE. B? <E 2AN;;>NIAN; PAN4A4AWI;AN IN 2E22I#N
A22EMB4E.%
2ection ') I4E + his #rdinance shall /e :nown as an #rdinance
Prohi/itin" the catchin", "atherin", possessin", /uyin", sellin" and shipment
of li6e marine coral dwellin" aDuatic or"anisms, to wit% ') 5amily% 2caridae
&Mamen"(, -) Epinephelus 5asciatus &2uno(, 1) Cromileptes alti6elis &Panther
or 2enorita(, lo/ster /elow -HH "rams and spawnin"(, E) ridacna ;i"as
&a:lo/o(, *) Pinctada Mar"aretefera &Mother Pearl, #ysters, ;iant Clams and
other species(, I) Penaeus Monodon &i"er Prawn+/reeder siGe or mother(, J)
Epinephelus 2uillus &4o/a or ;reen ;rouper( and @) 5amily% Balistidae
&opical ADuarium 5ishes( for a period of fi6e &*( years in and comin" from
Palawan Waters)
2ection II) P!E4IMINA!? C#N2I.E!AI#N2
') 2ec) -+A &!ep) Act J'IH() It is here/y declared, the policy of the state
that the territorial and political su/di6isions of the 2tate shall enjoy "enuine
and meanin"ful local autonomy to ena/le them to attain their fullest
de6elopment as self reliant communities and ma:e them more effecti6e
partners in the attainment of national "oals) oward this end, the 2tate shall
pro6ide for 7a8 more responsi6e and accounta/le local "o6ernment structure
instituted throu"h a system of decentraliGation where/y local "o6ernment units
shall /e "i6en more powers, authority, responsi/ilities and resources)
-) 2ec) *+A &!)A) J'IH() Any pro6ision on a power of 7a8 local
;o6ernment >nit shall /e li/eraly interpreted in its fa6or, and in case of dou/t,
any Duestion thereon shall /e resol6ed in fa6or of de6olution of powers and of
the lower "o6ernment units) Any fair and reasona/le dou/ts as to the
eBistence of the power shall /e interpreted in fa6or of the 4ocal ;o6ernment
>nit concerned)$
1) 2ec) *+C &!)A) J'IH() he "eneral welfare pro6isions in this Code
shall /e li/erally interpreted to "i6e more powers to local "o6ernment units in
acceleratin" economic de6elopment and up"radin" the Duality of life for the
people in the community)
E) 2ec) 'I &!)A) J'IH() ;eneral Welfare) + E6ery local "o6ernment unit
shall eBercise the powers eBpressly "ranted, those necessarily implied
therefrom, as well as powers necessary, appropriate, or incidental for its
efficient and effecti6e "o6ernance0 and those which are essential to the
promotion of the "eneral welfare)
2ection III) .EC4A!AI#N #5 P#4IC?) + It is here/y declared to /e the
policy of the Pro6ince of Palawan to protect and conser6e the marine
resources of Palawan not only for the "reatest "ood of the majority of the
present "eneration /ut with 7the8 proper perspecti6e and consideration of 7sic8
their prosperity, and to attain this end, the 2an""unian" Panlalawi"an
henceforth declares that is 7sic8 shall /e unlawful for any person or any
/usiness entity to en"a"e in catchin", "atherin", possessin", /uyin", sellin"
and shipment of li6e marine coral dwellin" aDuatic or"anisms as enumerated
in 2ection ' hereof in and comin" out of Palawan Waters for a period of fi6e
&*( years0
2ection I=) PENA4? C4A>2E) + Any person andCor /usiness entity
6iolatin" this #rdinance shall /e penaliGed with a fine of not more than 5i6e
housand Pesos &P*,HHH)HH(, Philippine Currency, andCor imprisonment of siB
&I( months to twel6e &'-( months and confiscation and forfeiture of
paraphernalias 7sic8 and eDuipment in fa6or of the "o6ernment at the
discretion of the Court0
2ection =) 2EPA!ABI4I? C4A>2E) + If for any reason, a 2ection or
pro6ision of this #rdinance shall /e held as unconditional 7sic8 or in6alid, it
shall not affect the other pro6isions hereof)
2ection =I) !EPEA4IN; C4A>2E) + Any eBistin" #rdinance or a
pro6ision of any ordinance inconsistent herewith is deemed modified,
amended or repealed)
2ection =II) E55ECI=I?) + his #rdinance shall ta:e effect ten &'H(
days after its pu/lication)
2# #!.AINE.)$
BBB
E) he respondents implemented the said ordinances, AnneBes A$ and C$
hereof there/y depri6in" all the fishermen of the whole pro6ince of Palawan and the
City of Puerto Princesa of their only means of li6elihood and the petitioners Airline
2hippers Association of Palawan and other marine merchants from performin" their
lawful occupation and trade0
*) Petitioners Alfredo ano, Baldomero ano, eocenes Midello, An"el de
Mesa, Eulo"io remocha, and 5elipe #n"onion, 3r) were e6en char"ed criminally under
criminal case no) ,1+H*+C in the 'st Municipal Circuit rial Court of Cuyo+A"utaya+
Ma"saysay, an ori"inal car/on copy of the criminal complaint dated April '-, ',,1 is
hereto attached as AnneB .$0 while BeroB copies are attached as AnneB .$ to the
copies of the petition0
I) Petitioners !o/ert 4im and =ir"inia 4im, on the other hand, were char"ed /y
the respondent PNP with the respondent City Prosecutor of Puerto Princesa City, a
BeroB copy of the complaint is hereto attached as AnneB E$0
Without see:in" redress from the concerned local "o6ernment units, prosecutor9s
office and courts, petitioners directly in6o:ed our ori"inal jurisdiction /y filin" this petition
on E 3une ',,1) In sum, petitioners contend that%
5irst, the #rdinances depri6ed them of due process of law, their li6elihood, and
unduly restricted them from the practice of their trade, in 6iolation of 2ection -, Article
AII and 2ections - and J of Article AIII of the ',@J Constitution)
2econd, #ffice #rder No) -1 contained no re"ulation nor condition under which the
Mayor9s permit could /e "ranted or denied0 in other words, the Mayor had the a/solute
authority to determine whether or not to issue permit)
hird, as #rdinance No) - of the Pro6ince of Palawan alto"ether prohi/ited the
catchin", "atherin", possession, /uyin", sellin" and shippin" of li6e marine coral
dwellin" or"anisms, without any distinction whether it was cau"ht or "athered throu"h
lawful fishin" method,$ the #rdinance too: away the ri"ht of petitioners+fishermen to
earn their li6elihood in lawful ways0 and insofar as petitioners+mem/ers of Airline
2hippers Association are concerned, they were unduly pre6ented from pursuin" their
6ocation and enterin" into contracts which are proper, necessary, and essential to carry
out their /usiness endea6ors to a successful conclusion)$
5inally, as #rdinance No) - of the 2an""unian" Panlalawi"an is null and 6oid, the
criminal cases /ased thereon a"ainst petitioners ano and the others ha6e to /e
dismissed)
In the !esolution of '* 3une ',,1 we reDuired respondents to comment on the
petition, and furnished the #ffice of the 2olicitor ;eneral with a copy thereof)
In their comment filed on '1 Au"ust ',,1, pu/lic respondents ;o6ernor 2ocrates
and Mem/ers of the 2an""unian" Panlalawi"an of Palawan defended the 6alidity of
#rdinance No)-, 2eries of ',,1, as a 6alid eBercise of the Pro6incial ;o6ernment9s
power under the "eneral welfare clause &2ection 'I of the 4ocal ;o6ernment Code of
',,' 7hereafter, 4;C8(, and its specific power to protect the en6ironment and impose
appropriate penalties for acts which endan"er the en6ironment, such as dynamite
fishin" and other forms of destructi6e fishin" under 2ection EEJ &a( &'( &6i(, 2ection E*@
&a( &'( &6i(, and 2ection EI@ &a( &'( &6i(, of the 4;C) hey claimed that in the eBercise of
such powers, the Pro6ince of Palawan had the ri"ht and responsi/iltyN to insure that
the remainin" coral reefs, where fish dwells 7sic8, within its territory remain healthy for
the future "eneration)$ he #rdinance, they further asserted, co6ered only li6e marine
coral dwellin" aDuatic or"anisms which were enumerated in the ordinance and eBcluded
other :inds of li6e marine aDuatic or"anisms not dwellin" in coral reefs0 /esides the
prohi/ition was for only fi6e &*( years to protect and preser6e the pristine coral and allow
those dama"ed to re"enerate)
Aforementioned respondents li:ewise maintained that there was no 6iolation of due
process and eDual protection clauses of the Constitution) As to the former, pu/lic
hearin"s were conducted /efore the enactment of the #rdinance which, undou/tedly,
had a lawful purpose and employed reasona/le means0 while as to the latter, a
su/stantial distinction eBisted /etween a fisherman who catches li6e fish with the
intention of sellin" it li6e, and a fisherman who catches li6e fish with no intention at all of
sellin" it li6e,$ i)e), the former uses sodium cyanide while the latter does not)$ 5urther,
the #rdinance applied eDually to all those /elon"in" to one class)
#n -* #cto/er ',,1 petitioners filed an >r"ent Plea for the Immediate Issuance of
a emporary !estrainin" #rder claimin" that despite the pendency of this case, Branch
*H of the !e"ional rial Court of Palawan was /ent on proceedin" with Criminal Case
No) ''--1 a"ainst petitioners .anilo ano, Alfredo ano, Eulo"io remocha, !omualdo
ano, Baldomero ano, Andres 4emihan and An"el de Mesa for 6iolation of #rdinance
No) - of the 2an""unian" Panlalawi"an of Palawan) Actin" on said plea, we issued on
'' No6em/er ',,1 a temporary restrainin" order directin" 3ud"e An"el Miclat of said
court to cease and desist from proceedin" with the arrai"nment and pre+trial of Criminal
Case No) ''--1)
#n '- 3uly ',,E, we eBcused the #ffice of the 2olicitor ;eneral from filin" a
comment, considerin" that as claimed /y said office in its Manifestation of -@ 3une
',,E, respondents were already represented /y counsel)
he rest of the respondents did not file any comment on the petition)
In the resolution of '* 2eptem/er ',,E, we resol6ed to consider the comment on
the petition as the Answer, "a6e due course to the petition and reDuired the parties to
su/mit their respecti6e memoranda)
ii7-8
#n -- April ',,J we ordered impleaded as party respondents the .epartment of
A"riculture and the Bureau of 5isheries and ADuatic !esources and reDuired the #ffice
of the 2olicitor ;eneral to comment on their /ehalf) But in li"ht of the latter9s motion of ,
3uly ',,J for an eBtension of time to file the comment which would only result in further
delay, we dispensed with said comment)
After due deli/eration on the pleadin"s filed, we resol6ed to dismiss this petition for
want of merit, on -- 3uly ',,J, and assi"ned it to the ponente for the writin" of the
opinion of the Court)
I
here are actually two sets of petitioners in this case) he first is composed of
Alfredo ano, Baldomero ano, .anilo ano, !omualdo ano, eocenes Midello, An"el
de Mesa, Eulo"io remocha, 5elipe #n"onion, 3r), Andres 4inijan, and 5elimon de
Mesa, who were criminally char"ed with 6iolatin" Sangguniang Panlalawigan
!esolution No) 11 and #rdinance No) -, 2eries of ',,1, of the Pro6ince of Palawan, in
Criminal Case No) ,1+H*+C of the '
st
Municipal Circuit rial Court &MCC( of Palawan0
iii718
and !o/ert 4im and =ir"inia 4im who were char"ed with 6iolatin" City #rdinance No)
'*+,- of Puerto Princesa City and #rdinance No) -, 2eries of ',,1, of the Pro6ince of
Palawan /efore the #ffice of the City Prosecutor of Puerto Princesa)
i67E8
All of them, with
the eBception of eocenes Midello, 5elipe #n"onion, 3r), 5elimon de Mesa, !o/ert 4im
and =ir"inia 4im, are li:ewise the accused in Criminal Case No) ''--1 for the 6iolation
of #rdinance No) - of the Sangguniang Panlalawigan of Palawan, pendin" /efore
Branch *H of the !e"ional rial Court of Palawan)
67*8
he second set of petitioners is composed of the rest of the petitioners num/erin"
se6enty+se6en &JJ(, all of whom, eBcept the Airline 2hippers Association of Palawan ++
an alle"ed pri6ate association of se6eral marine merchants ++ are natural persons who
claim to /e fishermen)
he primary interest of the first set of petitioners is, of course, to pre6ent the
prosecution, trial and determination of the criminal cases until the constitutionality or
le"ality of the #rdinances they alle"edly 6iolated shall ha6e /een resol6ed) he second
set of petitioners merely claim that they /ein" fishermen or marine merchants, they
would /e ad6ersely affected /y the ordinances)
As to the first set of petitioners, this special ci6il for certiorari must fail on the "round
of prematurity amountin" to a lac: of cause of action) here is no showin" that the said
petitioners, as the accused in the criminal cases, ha6e filed motions to Duash the
informations therein and that the same were denied) he "round a6aila/le for such
motions is that the facts char"ed therein do not constitute an offense /ecause the
ordinances in Duestion are unconstitutional)
6i7I8
It cannot then /e said that the lower
courts acted without or in eBcess of jurisdiction or with "ra6e a/use of discretion to
justify recourse to the eBtraordinary remedy of certiorari or prohi/ition) It must further /e
stressed that e6en if the petitioners did file motions to Duash, the denial thereof would
not forthwith "i6e rise to a cause of action under !ule I* of the !ules of Court) he
"eneral rule is that where a motion to Duash is denied, the remedy therefrom is not
certiorari, /ut for the party a""rie6ed there/y to "o to trial without prejudice to reiteratin"
special defenses in6ol6ed in said motion, and if, after trial on the merits of ad6erse
decision is rendered, to appeal therefrom in the manner authoriGed /y law)
6ii7J8
And , e6en
where in an eBceptional circumstance such denial may /e the su/ject of a special ci6il
action for certiorari, a motion for reconsideration must ha6e to /e filed to allow the court
concerned an opportunity to correct its errors, unless such motion may /e dispensed
with /ecause of eBistin" eBceptional circumstances)
6iii7@8
5inally, e6en if a motion for
reconsideration has /een filed and denied, the remedy under !ule I* is still una6aila/le
a/sent any showin" of the "rounds pro6ided for in 2ection ' thereof)
iB7,8
5or o/6ious
reasons, the petition at /ar does not, and could not ha6e , alle"ed any of such "rounds)
As to the second set of petitioners, the instant petition is o/6iously one for
.EC4A!A#!? !E4IE5, i.e., for a declaration that the #rdinances in Duestion are a
nullity ))) for /ein" unconstitutional)$
B7'H8
As such, their petition must li:ewise fail, as this
Court is not possessed of ori"inal jurisdiction o6er petitions for declaratory relief e6en if
only Duestions of law are in6ol6ed,
Bi7''8
it /ein" settled that the Court merely eBercises
appellate jurisdiction o6er such petitions)
Bii7'-8
II
E6en "rantin" arguendo that the first set of petitioners ha6e a cause of action ripe
for the eBtraordinary writ of certiorari, there is here a clear disre"ard of the hierarchy of
courts, and no special and important reason or eBceptional or compellin" circumstance
has /een adduced why direct recourse to us should /e allowed) While we ha6e
concurrent jurisdiction with !e"ional rial courts and with the Court of Appeals to issue
writs of certiorari, prohi/ition, mandamus, quo warranto, habeas corpus and injunction,
such concurrence "i6es petitioners no unrestricted freedom of choice of court forum, so
we held in People v) Cuaresma%
Biii7'18
his concurrence of jurisdiction is notN to /e ta:en as accordin" to parties see:in"
any of the writs an a/solute unrestrained freedom of choice of the court to which
application therefor will /e directed) here is after all hierarchy of courts) hat hierarchy
is determinati6e of the 6enue of appeals, and should also ser6e as a "eneral
determinant of the appropriate forum for petitions for the eBtraordinary writs) A
/ecomin" re"ard for that judicial hierarchy most certainly indicates that petitions for the
issuance of eBtraordinary writs a"ainst first le6el &inferior$( courts should /e filed with
the !e"ional rial Court, and those a"ainst the latter, with the Court of Appeals) A direct
in6ocation of the 2upreme Court9s ori"inal jurisdiction to issue these writs should /e
allowed only when there are special and important reasons therefor, clearly and
specifically set out in the petition) his is esta/lished policy) It is a policy necessary to
pre6ent inordinate demands upon the Court9s time and attention which are /etter
de6oted to those matters within its eBclusi6e jurisdiction, and to pre6ent further o6er+
crowdin" of the Court9s doc:etN)
he Court feels the need to reaffirm that policy at this time, and to enjoin strict
adherence thereto in the li"ht of what it percei6es to /e a "rowin" tendency on the part
of liti"ants and lawyers to ha6e their applications for the so+called eBtraordinary writs,
and sometimes e6en their appeals, passed upon and adjudicated directly and
immediately /y the hi"hest tri/unal of the landN)
In 2antia"o v) =asDueG,
Bi67'E8
this Court forcefully eBpressed that the propensity of
liti"ants and lawyers to disre"ard the hierarchy of courts must /e put to a halt, not only
/ecause of the imposition upon the precious time of this Court, /ut also /ecause of the
ine6ita/le and resultant delay, intended or otherwise, in the adjudication of the case
which often has to /e remanded or referred to the lower court, the proper forum under
the rules of procedure, or as /etter eDuipped to resol6e the issues since this Court is not
a trier of facts) We reiterated the judicial policy that this Court will not entertain direct
resort to it unless the redress desired cannot /e o/tained in the appropriate courts or
where eBceptional and compellin" circumstances justify a6ailment of a remedy within
and callin" for the eBercise of 7its8 primary jurisdiction)$
III
Notwithstandin" the fore"oin" procedural o/stacles a"ainst the first set of
petitioners, we opt to resol6e this case on its merits considerin" that the lifetime of the
challen"ed #rdinances is a/out to end) #rdinance No) '*+,- of the City of Puerto
Princesa is effecti6e only up to ' 3anuary ',,@, while #rdinance No) - of the Pro6ince
of Palawan, enacted on ', 5e/ruary ',,1, is effecti6e for only fi6e &*( years) Besides,
these #rdinances were undou/tedly enacted in the eBercise of powers under the new
4;C relati6e to the protection and preser6ation of the en6ironment and are thus no6el
and of paramount importance) No further delay then may /e allowed in the resolution of
the issues raised)
It is of course settled that laws &includin" ordinances enacted /y local "o6ernment
units( enjoy the presumption of constitutionality)
B67'*8
o o6erthrow this presumption, there
must /e a clear and uneDui6ocal /reach of the Constitution, not merely a dou/tful or
ar"umentati6e contradiction) In short, the conflict with the Constitution must /e shown
/eyond reasona/le dou/t)
B6i7'I8
Where dou/t eBists, e6en if well founded, there can /e no
findin" of unconstitutionality) o dou/t is to sustain)
B6ii7'J8
After a scrunity of the challen"ed #rdinances and the pro6isions of the
Constitution petitioners claim to ha6e /een 6iolated, we find petitioners9 contentions
/aseless and so hold that the former do not suffer from any infirmity, /oth under the
Constitution and applica/le laws)
Petitioners specifically point to 2ection -, Article AII and 2ections - and J, Article
AIII of the Constitution as ha6in" /een trans"ressed /y the #rdinances)
he pertinent portion of 2ection - of Article AII reads%
2EC) -) B B B
he 2tate shall protect the nationOs marine wealth in its archipela"ic waters,
territorial sea, and eBclusi6e economic Gone, and reser6e its use and enjoyment
eBclusi6ely to 5ilipino citiGens)
he Con"ress may, /y law, allow small+scale utiliGation of natural resources /y
5ilipino citiGens, as well as cooperati6e fish farmin", with priority to su/sistence
fishermen and fishwor:ers in ri6ers, la:es, /ays, and la"oons)
2ections - and J of Article AIII pro6ide%
2ec) -) he promotion of social justice shall include the commitment to create
economic opportunities /ased on freedom of initiati6e and self+reliance)
BBB
2EC) J) he 2tate shall protect the ri"hts of su/sistence fishermen, especially of
local communities, to the preferential use of the communal marine and fishin"
resources, /oth inland and offshore) It shall pro6ide support to such fishermen throu"h
appropriate technolo"y and research, adeDuate financial, production, and mar:etin"
assistance, and other ser6ices) he 2tate shall also protect, de6elop, and conser6e
such resources) he protection shall eBtend to offshore fishin" "rounds of su/sistence
fishermen a"ainst forei"n intrusion) 5ishwor:ers shall recei6e a just share from their
la/or in the utiliGation of marine and fishin" resources)
here is a/solutely no showin" that any of the petitioners Dualifies as a su/sistence
or mar"inal fisherman) In their petition, petitioner Airline 2hippers Association of
Palawan is descri/ed as a pri6ate association composed of Marine Merchants$0
petitioners !o/ert 4im and =ir"inia 4im, as merchants0$ while the rest of the petitioners
claim to /e fishermen,$ without any Dualification, howe6er, as to their status)
2ince the Constitution does not specifically pro6ide a definition of the terms
su/sistence$ or mar"inal$ fishermen,
B6iii7'@8
they should /e construed in their "eneral and
ordinary sense) A marginal fisherman is an indi6idual en"a"ed in fishin" whose mar"in
of return or reward in his har6est of fish as measured /y eBistin" price le6els is /arely
sufficient to yield a profit or co6er the cost of "atherin" the fish,
BiB7',8
while a subsistence
fisherman is one whose catch yields /ut the irreduci/le minimum for his li6elihood)
BB7-H8
2ection '1'&p( of the 4;C &!)A) No) J'IH( defines a marginal farmer or fisherman as
an indi6idual en"a"ed in su/sistence farmin" or fishin" which shall /e limited to the
sale, /arter or eBchan"e of a"ricultural or marine products produced /y himself and his
immediate family)$ It /ears repeatin" that nothin" in the record supports a findin" that
any petitioner falls within these definitions)
Besides, 2ection - of Article AII aims primarily not to /estow any ri"ht to
su/sistence fishermen, /ut to lay stress on the duty of the 2tate to protect the nation9s
marine wealth) What the pro6ision merely reco"niGes is that the 2tate may allow, /y
law, cooperati6e fish farmin", with priority to su/sistence fishermen and fishwor:ers in
ri6ers, la:es, /ays, and la"oons) #ur sur6ey of the statute /oo:s re6eals that the only
pro6ision of law which spea:s of the preferential ri"ht of mar"inal fishermen is 2ection
'E, of the 4;C of ',,' which pertinently pro6ides%
2EC) 'E,) Fishery Rentals, Fees and Charges) ++ B B B
&/( he san""unian" /ayan may%
&'( ;rant fishery pri6ile"es to erect fish corrals, oyster, mussels or other aDuatic
/eds or /an"us fry areas, within a definite Gone of the municipal waters, as determined
/y it% Provided, however, hat duly re"istered or"aniGations and cooperati6es of
mar"inal fishermen shall ha6e preferential ri"ht to such fishery pri6ile"es ))))
In a 3oint Administrati6e #rder No) 1, dated -* April ',,I, the 2ecretary of the
.epartment of A"riculture and the 2ecretary of the .epartment of Interior and 4ocal
;o6ernment prescri/ed the "uidelines on the preferential treatment of small fisherfol:
relati6e to the fishery ri"ht mentioned in 2ection 'E,) his case, howe6er, does not
in6ol6e such fishery ri"ht)
Anent 2ection J of Article AIII, it spea:s not only of the use of communal marine and
fishin" resources, /ut of their protection, de6elopment, and conser6ation) As hereafter
shown, the ordinances in Duestion are meant precisely to protect and conser6e our
marine resources to the end that their enjoyment /y the people may /e "uaranteed not
only for the present "eneration, /ut also for the "enerations to come)
he so+called preferential ri"ht$ of su/sistence or mar"inal fishermen to the use of
marine resources is not at all a/solute) In accordance with the !e"alian .octrine,
marine resources /elon" to the 2tate, and, pursuant to the first para"raph of 2ection -,
Article AII of the Constitution, their eBploration, de6elopment and utiliGation ))) shall /e
under the full control and super6ision of the 2tate)$ Moreo6er, their mandated
protection, de6elopment, and conser6ation as necessarily reco"niGed /y the framers of
the Constitution, imply certain restrictions on whate6er ri"ht of enjoyment there may /e
in fa6or of anyone) hus, as to the curtailment of the preferential treatment of mar"inal
fisherman, the followin" eBchan"e /etween Commissioner 5rancisco !odri"o and
Commissioner 3ose 5)2) Ben"Gon, 3r), too: place at the plenary session of the
Constitutional Commission%
M!) !#.!I;#%
4et us discuss the implementation of this /ecause I would not raise the hopes of
our people, and afterwards fail in the implementation) <ow will this /e
implementedP Will there /e a licensin" or "i6in" of permits so that "o6ernment
officials will :now that one is really a mar"inal fishermanP #r if policeman say that
a person is not a mar"inal fisherman, he can show his permit, to pro6e that indeed
he is one)
M!) BEN;M#N%
Certainly, there will /e some mode of licensin" insofar as this is concerned and
this particular Duestion could /e tac:led when we discuss the Article on 4ocal
;o6ernments ++ whether we will lea6e to the local "o6ernments or to Con"ress on
how these thin"s will /e implemented) But certainly, I thin: our Con"ressmen and
our local officials will not /e /ereft of ideas on how to implement this mandate)
B B B
M!) !#.!I;#%
2o, once one is licensed as a mar"inal fisherman, he can "o anywhere in the
Philippines and fish in any fishin" "rounds)
M!) BEN;M#N%
2u/ject to whate6er rules and re"ulations and local laws that may /e passed, may
/e eBistin" or will /e passed)
BBi7-'8
&underscorin" supplied for emphasis()
What must li:ewise /e /orne in mind is the state policy enshrined in the Constitution
re"ardin" the duty of the 2tate to protect and ad6ance the ri"ht of the people to a
/alanced and healthful ecolo"y in accord with the rhythm and harmony of nature)
BBii7--8
#n
this score, in #posa v) 5actoran,
BBiii7-18
this Court declared%
While the ri"ht to /alanced and healthful ecolo"y is to /e found under the
.eclaration of Principles the 2tate Policies and not under the Bill of !i"hts, it does not
follow that it is less important than any of the ci6il and political ri"hts enumerated in the
latter) 2uch a ri"ht /elon"s to a different cate"ory of ri"hts alto"ether for it concerns
nothin" less than self+preser6ation and self+perpetuation + aptly and fittin"ly stressed
/y the petitioners + the ad6ancement of which may e6en /e said to predate all
"o6ernments and constitutions) As a matter of fact, these /asic ri"hts need not e6en /e
written in the Constitution for they are assumed to eBist from the inception of
human:ind) If they are now eBplicitly mentioned in the fundamental charter, it is
/ecause of the well+founded fear of its framers that unless the ri"hts to a /alanced and
healthful ecolo"y and to health are mandated as state policies /y the Constitution itself,
there/y hi"hli"htin" their continuin" importance and imposin" upon the state a solemn
o/li"ation to preser6e the first and protect and ad6ance the second , the day would not
/e too far when all else would /e lost not only for the present "eneration, /ut also for
those to come + "enerations which stand to inherit nothin" /ut parched earth incapa/le
of sustainin" life)
he ri"ht to a /alanced and healthful ecolo"y carries with it a correlati6e duty to
refrain from impairin" the en6ironment )))
he 4;C pro6isions in6o:ed /y pri6ate respondents merely see: to "i6e flesh and
/lood to the ri"ht of the people to a /alanced and healthful ecolo"y) In fact, the ;eneral
Welfare Clause, eBpressly mentions this ri"ht%
2EC) 'I) General elfare.++ E6ery local "o6ernment unit shall eBercise the powers
eBpressly "ranted, those necessarily implied therefrom, as well as powers necessary,
appropriate, or incidental for its efficient and effecti6e "o6ernance, and those which are
essential to the promotion of the "eneral welfare) Within their respecti6e territorial
jurisdictions, local "o6ernment units shall ensure and support, amon" other thin"s, the
preser6ation and enrichment of culture, promote health and safety, enhance the ri"ht of
the people to a /alanced ecolo"y, encoura"e and support the de6elopment of
appropriate and self+reliant scientific and technolo"ical capa/ilities, impro6e pu/lic
morals, enhance economic prosperity and social justice, promote full employment
amon" their residents, maintain peace and order, and preser6e the comfort and
con6enience of their inha/itants) &underscorin" supplied()
Moreo6er, 2ection *&c( of the 4;C eBplicitly mandates that the "eneral welfare
pro6isions of the 4;C shall /e li/erally interpreted to "i6e more powers to the local
"o6ernment units in acceleratin" economic de6elopment and up"radin" the Duality of
life for the people of the community)$
he 4;C 6ests municipalities with the power to "rant fishery pri6ile"es in municipal
waters and to impose rentals, fees or char"es therefor0 to penaliGe, /y appropriate
ordinances, the use of eBplosi6es, noBious or poisonous su/stances, electricity, muro!
ami, and other deleterious methods of fishin"0 and to prosecute any 6iolation of the
pro6isions of applica/le fishery laws)
BBi67-E8
5urther, the sangguniang bayan, the
sangguniang panlungsod and the sangguniang panlalawigan are directed to enact
ordinances for the "eneral welfare of the municipality and its inha/itants, which shall
include, inter alia, ordinances that 7p8rotect the en6ironment and impose appropriate
penalties for acts which endan"er the en6ironment such as dynamite fishin" and other
forms of destructi6e fishin" ))) and such other acti6ities which result in pollution,
acceleration of eutrophication of ri6ers and la:es or of ecolo"ical im/alance)$
BB67-*8
5inally, the centerpiece of 4;C is the system of decentraliGation
BB6i7-I8
as eBpressly
mandated /y the Constitution)
BB6ii7-J8
Indispensa/le thereto is de6olution and the 4;C
eBpressly pro6ides that 7a8ny pro6ision on a power of a local "o6ernment unit shall /e
li/erally interpreted in its fa6or, and in case of dou/t, any Duestion thereon shall /e
resol6ed in fa6or of de6olution of powers and of the lower local "o6ernment unit) Any fair
and reasona/le dou/t as to the eBistence of the power shall /e interpreted in fa6or of
the local "o6ernment unit concerned,$
BB6iii7-@8
.e6olution refers to the act /y which the
National ;o6ernment confers power and authority upon the 6arious local "o6ernment
units to perform specific functions and responsi/ilities)
BBiB7-,8
#ne of the de6ol6ed powers enumerated in the section of the 4;C on de6olution is
the enforcement of fishery laws in municipal waters includin" the conser6ation of
man"ro6es)
BBB71H8
his necessarily includes enactment of ordinances to effecti6ely carry
out such fishery laws within the municipal waters)
he term municipal waters,$ in turn, include not only streams, la:es, and tidal
waters within the municipality, not /ein" the su/ject of pri6ate ownership and not
comprised within the national par:s, pu/lic forest, tim/er lands, forest reser6es, or
fishery reser6es, /ut also marine waters included /etween two lines drawn
perpendicularly to the "eneral coastline from points where the /oundary lines of the
municipality or city touch the sea at low tide and a third line parallel with the "eneral
coastline and fifteen :ilometers from it)
BBBi71'8
>nder P).) No) JHE, the marine waters
included in municipal waters is limited to three nautical miles from the "eneral coastline
usin" the a/o6e perpendicular lines and a third parallel line)
hese fishery laws$ which local "o6ernment units may enforce under 2ection 'J&/(,
&-(, &i( in municipal waters include% &'( P).) No) JHE0 &-( P).) No) 'H'* which, inter alia,
authoriGes the esta/lishment of a closed season$ in any Philippine water if necessary
for conser6ation or ecolo"ical purposes0 &1( P).) No) '-', which pro6ides for the
eBploration, eBploitation, utiliGation, and conser6ation of coral resources0 &E( !)A) No)
*EJE, as amended /y B)P) Bl") *@, which ma:es it unlawful for any person, association,
or corporation to catch or cause to /e cau"ht, sell, offer to sell, purchase, or ha6e in
possession any of the fish specie called gobiidae or ipon$ durin" closed season0 and
&*( !)A) No) IE*' which prohi/its and punishes electrofishin", as well as 6arious
issuances of the B5A!)
o those specifically de6ol6ed insofar as the control and re"ulation of fishin" in
municipal waters and the protection of its marine en6ironment are concerned, must /e
added the followin"%
') Issuance of permits to construct fish ca"es within municipal waters0
-) Issuance of permits to "ather aDuarium fishes within municipal waters0
1) Issuance of permits to "ather :apis shells within municipal waters0
E) Issuance of permits to "atherCculture shelled mollus:s within municipal waters0
*) Issuance of licenses to esta/lish seaweed farms within municipal waters0
I) Issuance of licenses to esta/lish culture pearls within municipal waters0
J) Issuance of auBiliary in6oice to transport fish and fishery products0 and
@) Esta/lishment of closed season$ in municipal waters)
hese functions are co6ered in the Memorandum of A"reement of * April ',,E /etween
the .epartment of A"riculture and the .epartment of Interior and 4ocal ;o6ernment)
In li"ht then of the principles of decentraliGation and de6olution enshrined in the
4;C and the powers "ranted to local "o6ernment units under 2ection 'I &the ;eneral
Welfare Clause(, and under 2ections 'E,, EEJ &a( &'( &6i(, E*@ &a( &'( &6i( and EI@ &a( &'(
&6i(, which unDuestiona/ly in6ol6e the eBercise of police power, the 6alidity of the
Duestioned #rdinances cannot /e dou/ted)
Parenthetically, we wish to add that these #rdinances find full support under !)A)
No) JI'', otherwise :nown as the 2trate"ic En6ironmental Plan &2EP( for Palawan Act,
appro6ed on ', 3uly ',,-) his statute adopts a comprehensi6e framewor: for the
sustaina/le de6elopment of Palawan compati/le with protectin" and enhancin" the
natural resources and endan"ered en6ironment of the pro6ince,$ which shall ser6e to
"uide the local "o6ernment of Palawan and the "o6ernment a"encies concerned in the
formulation and implementation of plans, pro"rams and projects affectin" said
pro6ince)$
BBBii71-8
At this time then, it would /e appropriate to determine the relation /etween the
assailed #rdinances and the aforesaid powers of the Sangguniang Panlungsod of the
City of Puerto Princesa and the Sangguniang Panlalawigan of the Pro6ince of Palawan
to protect the en6ironment) o /e"in, we ascertain the purpose of the #rdinances as
set forth in the statement of purposes or declaration of policies Duoted earlier)
It is clear to the Court that /oth #rdinances ha6e two principal o/jecti6es or
purposes% &'( to esta/lish a closed season$ for the species of fish or aDuatic animals
co6ered therein for a period of fi6e years, and &-( to protect the corals of the marine
waters of the City of Puerto Princesa and the Pro6ince of Palawan from further
destruction due to ille"al fishin" acti6ities)
he accomplishment of the first o/jecti6e is well within the de6ol6ed power to
enforce fishery laws in municipal waters, such as P).) No) 'H'*, which allows the
esta/lishment of closed seasons)$ he de6olution of such power has /een eBpressly
confirmed in the Memorandum of A"reement of * April ',,E /etween the .epartment of
A"riculture and the .epartment of Interior and 4ocal ;o6ernment)
he realiGation of the second o/jecti6e falls within /oth the "eneral welfare clause
of the 4;C and the eBpress mandate thereunder to cities and pro6inces to protect the
en6ironment and impose appropriate penalties for acts which endan"er the
en6ironment)
BBBiii7118
he destruction of the coral reefs results in serious, if not irrepara/le, ecolo"ical
im/alance, for coral reefs are amon" the nature9s life+support systems)
BBBi671E8
hey collect,
retain, and recycle nutrients for adjacent nearshore areas such as man"ro6es, sea"rass
/eds, and reef flats0 pro6ide food for marine plants and animals0 and ser6e as a
protecti6e shelter for aDuatic or"anisms)
BBB671*8
It is said that 7e8colo"ically, the reefs are to
the oceans what forests are to continents% they are shelter and /reedin" "rounds for fish
and plant species that will disappear without them)$
BBB6i71I8
he prohi/ition a"ainst catchin" li6e fish stems, in part, from the modern
phenomenon of li6e+fish trade which entails the catchin" of so+called eBotic tropical
species of fish not only for aDuarium use in the West, /ut also for the mar:et for li6e
/anDuet fish 7which8 is 6irtually insatia/le in e6er more affluent Asia)
BBB6ii71J8
hese eBotic
species are coral+dwellers, and fishermen catch them /y di6in" in shallow water with
corraline ha/itats and sDuirtin" sodium cyanide poison at passin" fish directly or onto
coral cre6ices0 once affected the fish are immo/iliGed 7merely stunned8 and then
scooped /y hand)$
BBB6iii71@8
he di6er then surfaces and dumps his catch into a su/mer"ed
net attached to the s:iff ) wenty minutes later, the fish can swim normally) Bac: on
shore, they are placed in holdin" pens, and within a few wee:s, they eBpel the cyanide
from their system and are ready to /e hauled) hen they are placed in saltwater tan:s
or pac:a"ed in plastic /a"s filled with seawater for shipment /y air frei"ht to major
mar:ets for li6e food fish)
BBBiB71,8
While the fish are meant to sur6i6e, the opposite holds true
for their former home as 7a8fter the fisherman sDuirts the cyanide, the first thin" to
perish is the reef al"ae, on which fish feed) .ays later, the li6in" coral starts to eBpire)
2oon the reef loses its function as ha/itat for the fish, which eat /oth the al"ae and
in6erte/rates that clin" to the coral) he reef /ecomes an underwater "ra6eyard, its
s:eletal remains /rittle, /leached of all color and 6ulnera/le to erosion from the
poundin" of the wa6es)$
Bl7EH8
It has /een found that cyanide fishin" :ills most hard and soft
corals within three months of repeated application)
Bli7E'8
he neBus then /etween the acti6ities /arred /y #rdinance No) '*+,- of the City of
Puerto Princesa and the prohi/ited acts pro6ided in #rdinance No) -, 2eries of ',,1 of
the Pro6ince of Palawan, on one hand, and the use of sodium cyanide, on the other, is
painfully o/6ious) In sum, the pu/lic purpose and reasona/leness of the #rdinances
may not then /e contro6erted)
As to #ffice #rder No) -1, 2eries of ',,1, issued /y Actin" City Mayor Amado 4)
4ucero of the City of Puerto Princesa, we find nothin" therein 6iolati6e of any
constitutional or statutory pro6ision) he #rder refers to the implementation of the
challen"ed ordinance and is not the Mayor9s Permit)
he dissentin" opinion of Mr) 3ustice 3osue N) Bellosillo relies upon the lac: of
authority on the part of the Sangguniang Panlungsod of Puerto Princesa to enact
#rdinance No) '*, 2eries of ',,-, on the theory that the su/ject thereof is within the
jurisdiction and responsi/ility of the Bureau of 5isheries and ADuatic !esources &B5A!(
under P).) No) JHE, otherwise :nown as the 5isheries .ecree of ',J*0 and that, in any
e6ent, the #rdinance is unenforcea/le for lac: of appro6al /y the 2ecretary of the
.epartment of Natural !esources &.N!(, li:ewise in accordance with P).) No) JHE)
he majority is una/le to accommodate this 6iew) he jurisdiction and responsi/ility
of the B5A! under P) .) no) JHE, o6er the mana"ement, conser6ation, de6elopment,
protection, utiliGation and disposition of all fishery and aDuatic resources of the country
is not all+encompassin") 5irst, 2ection E thereof eBcludes from such jurisdiction and
responsi/ility municipal waters, which shall /e under the municipal or city "o6ernment
concerned, eBcept insofar as fishpens and seaweed culture in municipal in municipal
centers are concerned) his section pro6ides, howe6er, that all municipal or city
ordinances and resolutions affectin" fishin" and fisheries and any disposition
thereunder shall /e su/mitted to the 2ecretary of the .epartment of Natural !esources
for appropriate action and shall ha6e full force and effect only upon his appro6al)
Blii7E-8
2econd, it must at once /e pointed out that the B5A! is no lon"er under the
.epartment of Natural !esources &now .epartment of En6ironment and Natural
!esources() EBecuti6e #rder No) ,IJ of 1H 3une ',@E transferred the B5A! from the
control and super6ision of the Minister &formerly 2ecretary( of Natural !esources to the
Ministry of A"riculture and 5ood &MA5( and con6erted it into a mere staff a"ency
thereof, inte"ratin" its functions with the re"ional offices of the MA5)
In EBecuti6e #rder No) ''I of 1H 3anuary ',@J, which reor"aniGed the MA5, the
B5A! was retained as an attached a"ency of the MA5) And under the Administrati6e
Code of ',@J,
Bliii7E18
the B5A! is placed under the itle concernin" the .epartment of
A"riculture)
Bli67EE8
herefore, it is incorrect to say that the challen"ed #rdinance of the City of Puerto
Princesa is in6alid or unenforcea/le /ecause it was not appro6ed /y the 2ecretary of
the .EN!) If at all, the appro6al that should /e sou"ht would /e that of the 2ecretary of
the .epartment of A"riculture &not .EN!( of municipal ordinances affectin" fishin" and
fisheries in municipal waters has /een dispensed with in 6iew of the followin" reasons%
&'( 2ection *1E &!epealin" Clause( of the 4;C eBpressly repeals or amends
2ection 'I and -, of P).) No) JHE
Bl67E*8
insofar that they are inconsistent with the
pro6isions of the 4;C)
&-( As discussed earlier, under the "eneral welfare clause of the 4;C, local
"o6ernment units ha6e the power, inter alia, to enact ordinances to enhance the ri"ht of
the people to a /alanced ecolo"y) It li:ewise specifically 6ests municipalities with the
power to "rant fishery pri6ile"es in municipal waters, and impose rentals, fees or
char"es therefor0 to penaliGe, /y appropriate ordinances, the use of eBplosi6es, noBious
or poisonous su/stances, electricity, muro!ami, and other deleterious methods of
fishin"0 and to prosecute other methods of fishin"0 and to prosecute any 6iolation of the
pro6isions of applica/le fishin" laws)
Bl6i7EI8
5inally, it imposes upon the sangguniang
bayan, the sangguniang panlungsod, and the sangguniang panlalawigan the duty to
enact ordinances to 7p8rotect the en6ironment and impose appropriate penalties for
acts which endan"er the en6ironment such as dynamite fishin" and other forms of
destructi6e fishin"N and such other acti6ities which result in pollution, acceleration of
eutrophication of ri6ers and la:es or of ecolo"ical im/alance)$
Bl6ii7EJ8
In closin", we commend the Sangguniang Panlungsod of the City of Puerto
Princesa and Sangguniang Panlalawigan of the Pro6ince of Palawan for eBercisin" the
reDuisite political will to enact ur"ently needed le"islation to protect and enhance the
marine en6ironment, there/y sharin" in the herculean tas: of arrestin" the tide of
ecolo"ical destruction) We hope that other local "o6ernment units shall now /e roused
from their lethar"y and adopt a more 6i"ilant stand in the /attle a"ainst the decimation
of our le"acy to future "enerations) At this time, the repercussions of any further delay in
their response may pro6e disastrous, if not, irre6ersi/le)
(!EREFORE, the instant petition is .I2MI22E. for lac: of merit and the
temporary restrainin" order issued on '' No6em/er ',,1 is 4I5E.)
No pronouncement as to costs)
O ORDERED.
"arvasa, C.#., Padilla, $itug, Panganiban, and %orres, #r., ##), concur)
Romero, &elo, Puno, and Francisco, ##., joined the ponencias of 3ustices .a6ide
and MendoGa)
'ellosillo, #., see dissentin" opinion)
(apunan and )ermosisima, #r), ##), join 3ustice Bellosillo in his dissentin" opinion)
&endo*a, see concurrin" opinion)
Regalado, #., on official lea6e)
i 7'8
None, howe6er, eBists in Puerto Princesa City)
ii 7-8
Petitioners filed their Memorandum on -E #cto/er ',,E) !espondents City Mayor <a"edorn and
Mem/ers of the 2an""unian" Panlun"sod of the City of Puerto Princesa filed their Memorandum on -*
3anuary ',,*, while respondents ;o6ernor 2ocrates and Mem/ers of the 2an""unian" Panlalawi"an of
Palawan filed their Memorandum on 1' 3anuary ',,*)
iii 718
AnneB .$ of Petition, Rollo, 1*)
i6 7E8
AnneB E$ of Petition0 id, +,.
6 7*8
AnneB A$ to A+*$ inclusi6e of >r"ent Plea for the Immediate Issuance of emporary !estrainin"
#rder, Rollo, @I et seq.
6i 7I8
=ICENE 3) 5!ANCI2C#, <E !E=I2E. !>4E2 #5 C#>! IN <E P<I4IPPINE2, C!IMINA4 P!#CE.>!E,
*@- &-
nd
ed) ',I,(, citin" >)2) v) Pompeya, 1' Phil) -E* 7','*8)
6ii 7J8
Acharon v. Purisima, '1 2C!A 1H,, 1'' 7',I*80 CruG v. Court of Appeals, ',E 2C!A 'E*, '*-+'*1
7',,'80 ?ap v. Intermediate Appellate Court, --H 2C!A -E*, -*1 7',,180 People v. Bans, supra note J)
6iii 7@8
4i/erty Insurance Corporation v) Court of Appeals, --- 2C!A 1J 7',,180 4asco v) >nited Nations
!e6ol6in" 5und for Natural !esources EBploration, -E' 2C!A I@', I@E 7',,*8)
iB 7,8
See MendoGa v. Court of Appeals, -H' 2C!A 1E1 7',,'80 People v) Bans, supra note J)
B 7'H8
Rollo, -*)
Bi 7''8
Macasiano v) National <ousin" Authority, --E 2C!A -1I, -E1 7',,18, citin" !emoti"ue v) #smeQa, -'
2C!A @1J 7',IJ80 !ural Ban: of #lon"apo v) Commissioner of 4and !e"istration, 'H- 2C!A J,E
7',@'80 and Allied Broadcastin" Center v) !epu/lic of the Philippines, ',H 2C!A J@- 7',,H8)
Bii 7'-8
Philna/an: Employees Association v) <on) Estanislao, --J 2C!A @HE, @'' 7',,18)
Biii 7'18
'J- 2C!A E'*, E-1+E-E 7',@,8, reiterated in Manalo v. ;loria, -1I 2C!A '1H, '1@+'1, 7',,E8)
Bi6 7'E8
-'J 2C!A I11, I*- 7',,18)
B6 7'*8
4a >nion Electric Cooperati6e Inc) v. ?aranon, 'J, 2C!A @-@, @1I 7',@,80 5rancisco v. Perms:ul, 'J1
2C!A 1-E, 111 7',@,8)
B6i 7'I8
2ee Peralta v. Commission on Elections, @- 2C!A 1H, ** 7',J@8)
B6ii 7'J8
Paredes v. EBecuti6e 2ecretary, '-@ 2C!A I, '' 7',@E8, citin" ?u Con" En" v. rinidad, EJ Phil) 1@*
7',-*8) See also Aris&Phil)( Inc) v) N4!C, -HH 2C!A -EI, -**+-*I 7',,'8)
B6iii 7'@8
Althou"h the intent of the framers was to ha6e the terms refer to those who li6ed a hand+to+mouth
eBistence),$ 3#AL>IN ;) BE!NA2, <E INEN #5 <E ',@I C#N2I>I#N W!IE!2 ,IE &',,*()
BiB 7',8
We/sterOs hird New International .ictionary '1@' 7',,18)
BB 7-H8
We/ster9s, supra), --J,)
BBi 7-'8
III !ecord of the Constitutional Commission, *H.
BBii 7--8
2ection 'I, Article II)
BBiii 7-18
--E 2C!A J,-, @HE+@H* 7',,18)
BBi6 7-E8
2ection 'E,)
BB6 7-*8
2ection EEJ 7a8 7'8 76i80 2ection E*@ 7a8 7'8 76i80 2ection EI@ 7a8 7'8 76i8)
BB6i 7-I8
2ection -&a()
BB6ii 7-J8
2ection 1, Article A)
BB6iii 7-@8
2ection *&a()
BBiB 7-,8
2ection 'J &e()
BBB 71H8
2ection 'J 7/8 7-8 7I8)
BBBi 71'8
2ection '1' 7r8, 4;C)
BBBii 71-8
2ec) E, !)A) No) JI'')
BBBiii 7118
2ection E*@ 7a8 7'8 76i80 2ection EI@ 7a8 7'8 76i8)
BBBi6 71E8
2ection 1718, !)A) No) JI'')
BBB6 71*8
3ay Baton"/acal, he Coastal En6ironment and the 2mall+2cale 5isherfol:% Ad6ocacy for
Community+Based Coastal Mone Mana"ement, II Philippine 4aw 3ournal 7.ecem/er ',,'8)
BBB6i 71I8
Anthony 2paeth, !eef Fillers, IME Ma"aGine, 1 3une ',,I, E,,*H)
BBB6ii 71J8
Anthony 2paeth, !eef Fillers, IME Ma"aGine, 1 3une ',,I, E,,*H)
BBB6iii 71@8
Baton"/acal, 'I@)
BBBiB 71,8
2paeth, *')
Bl 7EH8
-d)
Bli 7E'8
Baton"/acal, 'I@)
Blii
7E-8
2aid section reads%
2EC) E) #urisdiction of the 'ureau.!!! he Bureau shall ha6e jurisdiction and responsi/ility in the mana"ement,
conser6ation, de6elopment, protection, utiliGation and disposition of all fishery and aDuatic resources of
the country eBcept municipal waters which shall /e under the municipal or city "o6ernment concerned%
Pro6ided, hat fishpens and seaweed culture in municipal centers shall /e under the jurisdiction of the
Bureau% Pro6ided, further hat all municipal or city ordinances and resolutions affectin" fishin" and
fisheries and any disposition thereunder shall /e su/mitted to the 2ecretary for appropriate action and
shall ha6e full force and effect only upon his appro6al) he Bureau shall also ha6e authority to re"ulate
and super6ise the production, capture and "atherin" of fish and fisheryCaDuatic products)
he Bureau shall prepare and implement, upon appro6al of the 5ishery Industry .e6elopment Council, a 5ishery
Industry .e6elopment Pro"ram)
Bliii 7E18
EBecuti6e #rder No) -,-)
Bli6 7EE8
2ection -H, Chapter E, itle I=, Boo: I=)
Bl6
7E*8
hese sections read as follows%
2EC) 'I) .icense, lease, and permit.!!! No person shall eBploit, occupy, produce, culture, capture or "ather fish,
or fry or fin"erlin" of any species of fish or fisheryCaDuatic products, or en"a"e in any fishery acti6ity in
Philippine or municipal waters without a license, lease or permit% Provided, hat when due to destruction
wrou"ht upon fishponds, fishpens or fish nurseries, /y typhoon, floods and other fortuitous e6ents, or
due to speculation, monopolistic and other pernicious practices which tend to create an artificial
shorta"e of fry andCor fin"erlin", the supply of fish and fisheryCaDuatic products can reasona/ly /e
eBpected to fall /elow the usual demand therefor and the price thereof, to increase, the 2ecretary, upon
recommendation of the .irector, is here/y authoriGed to fiB a fair and reasona/le price for fry and
fin"erlin" of any species of fish, and in so doin" and when necessary , fiB different price le6els for
6arious areas or re"ions ta:in" into account such 6aria/le factors as a6aila/ility, accessi/ility to
transportation facilities, pac:in" and cratin", and to re"ulate the mo6ement, shipment and transportin" of
such fry and fin"erlin"% Provided, Further, hat the price so fiBed shall "uarantee the "atherers of fry a
just and eDuita/le return for their la/or% Provided, Finally, hat any administrati6e order issued /y the
2ecretary to implement the fore"oin" shall ta:e effect immediately, the pro6isions of 2ection J hereof to
the contrary notwithstandin")
BBB
C) M>NICIPA4 5I2<E!IE2
2EC) -,) Grant of fishery priviliges.+++ A municipal or city council, conforma/ly with an ordinance duly appro6ed
/y the 2ecretary pursuant to 2ection E hereof may%
a) "rant to the hi"hest Dualified /idder the eBclusi6e pri6ile"e of constructin" and operatin" fish corrals, oyster
culture /eds, or of "atherin" of /an"us$ fry, or the fry of other species, in municipal waters for a period
not eBceedin" fi6e &*( years% Provided, hat in the Gonin" and classification of municipal waters for
purposes of awardin", throu"h pu/lic /iddin" , areas for the construction or operation of fish corrals,
oyster culture /ed, or the "atherin" of fry, the municipal or city council shall set aside not more than one+
fifth &'C*( of the area, earmar:ed for the "atherin" of fry, as may /e desi"nated /y the Bureau, as
"o6ernment /an"us$ fry reser6ation% Provided, Further, hat no fish corral shall /e constructed within
two hundred &-HH( meters of another fish corral in marine fisheries, or one hundred &'HH( meters in
freshwater fisheries, unless they /elon" to the same licensee, /ut in no case shall the distance /e less
than siBty &IH( meters, eBcept in waters less than two &-( meters deep at low tide, or unless pre6iously
appro6ed /y the 2ecretary0
/) authoriGe the issuance to Dualified persons of license for the operation of fishin" /oats three &1( "ross
tons or less, or for the pri6ile"e of fishin" in municipal waters with nets, traps or other fishin" "ear%
Provided, hat it shall /e /eyond the power of the municipal or city council to impose a license for the
pri6ile"e of "atherin" marine mollusca or the shells thereof, for pearlin" /oats and pearl di6ers, or for
prospectin", collectin" or "atherin" spon"ers or other aDuatic products, or for the culture of
fisheryCaDuatic products% Provided, Further, hat a licensee under this para"raph shall not operate within
two hundred &-HH( meters of any fish corral licensed /y the municipality eBcept when the licensee is the
owner or operator of the fish corral /ut in no case within siBty &IH( meters of said corral) he municipal or
city council shall furnish the Bureau, for statistical purposes, on forms which shall /e furnished /y the
Bureau, such information and data on fishery matters as are reflected in such forms)
Bl6i 7EI8
2ection 'E,)
Bl6ii 7EJ8
2ection EEJ 7a8 7'8 76i80 2ection E*@ 7a8 7'8 76i80 2ection EI@ 7a8 7'8 76i8)