Tano versus Socrates G.R. No. 110249.

August 21, 1997

Facts:
Petitioners caption their petition as one for Certiorari, Injunction With Preliminary Mandatory
Injunction,with Prayer for Temporary Restraining Order. One of the contentions in this case is
that The Ordinances: (a) Ordinance No. 15-92, of the Sangguniang Panlungsod of Puerto
Princesa; (b) Office Order No. 23 and (c) Resolution No. 33, Ordinance No. 2, Series of 1993
deprived them of due process of law, their livelihood, and unduly restricted them from the
practice of their trade, in violation of Section 2, Article XII and Sections 2 and 7 of Article XIII
of the 1987 Constitution.
Issue:
Won, Is the preferential right of subsistence or marginal fishermen to the use of marine resources
absolute?
Ruling:
The so-called preferential right of subsistence or marginal fishermen to the use of marine
resources is not at all absolute. In accordance with the Regalian Doctrine, marine resources
belong to the State, and, pursuant to the first paragraph of Section 2, Article XII of the
Constitution, their exploration, development and utilization ... shall be under the full control and
supervision of the State. Moreover, their mandated protection, development, and conservation
as necessarily recognized by the framers of the Constitution, imply certain restrictions on
whatever right of enjoyment there may be in favor of anyone.