Tano vs.

Socrates
G.R. No. 110249 August 21, 1997

FACTS:

The Sangguniang Panlungsod ng Puerto Princesa City enacted Ordinance No. 15-92
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" and
Resolution No. 33, Ordinance No. 2 entitled: "A RESOLUTION PROHIBITING THECATCHING,
GATHERING, POSSESSING, BUYING, SELLING AND SHIPMENT OF LIVE MARINECORAL
DWELLING AQUATIC ORGANISMS”

Petitioners filed a petition against this citing that the ordinances deprived them of due
process of law, their livelihood, and unduly restricted them from the practice of their trade, it
contained no regulation nor condition under which the Mayor's permit could be granted or denied,
and the Ordinance took away the right of petitioners-fishermen to earn their livelihood in lawful
ways.

ISSUES:

Whether the ordinances are unconnstitutional?

HELD:

No. In light of the principles of decentralization and devolution enshrined in the LGC and
thepowers granted therein to local government units under Section 16 (the General Welfare
Clause), andunder 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.

Both Ordinances have two principal objectives or purposes: (1) toestablish a "closed
season" for the species of fish or aquatic animals covered therein for a period of fiveyears; and
(2) to protect the coral in the marine waters of the City of Puerto Princesa and the Province
of Palawan from further destruction due to illegal fishing activities.

It imposes upon the sangguniang bayan, the sangguniang panlungsod, and the
sangguniangpanlalawigan the duty to enact ordinances to "protect the environment and impose
appropriate penaltiesfor acts which endanger the environment such as dynamite fishing and other
forms of destructivefishing . . . and such other activities which result in pollution, acceleration of
eutrophication of rivers andlakes or of ecological imbalance."