SALVADOR A. ARANETA, ETC., ET AL. vs. THE HON. MAGNO S. GATMAITAN, ET AL. G.R. Nos.

L-8895 and L-9191, April 30, 1957 Facts: The League of Municipal Mayors of municipalities near the San Miguel Bay, between the provinces of Camarines Sur and Camarines Norte, manifested in a resolution that they condemn the operation of trawls in the said area and resolving to petition the President of the Philippines to regulate fishing in San Miguel Bay. In another resolution, the same League of Mayors prayed that the President ban the operation of trawls in the San Miguel Bay area. In response to the pleas, the President issued EO 22 prohibiting the use of trawls in San Miguel Bay but the EO was amended by EO 66 apparently in answer to a resolution of the Provincial Board of Camarines Sur recommending the allowance of trawl-fishing during the typhoon season only. Subsequently, EO 80 was issued reviving EO 22. Thereafter, a group of Otter trawl operators filed a complaint for injunction praying that the Secretary of Agriculture and Natural Resources and Director of Fisheries be enjoined from enforcing said executive order and to declare the same null and void. The Court held that until the trawler is outlawed by legislative enactment, it cannot be banned from San Miguel Bay by executive proclamation and held that the EOs 22 and 66 are invalid. Issues: Whether or not the President has authority to issue EOs 22, 66 and 80. Whether or not the said Executive Orders were valid as it was not in the exercise of legislative powers unduly delegated to the President. Held: Yes. Under sections 75 and 83 of the Fisheries law, the restriction and banning of trawl fishing from all Philippine waters come within the powers of the Secretary of Agriculture and Natural Resources. However, as the Secretary of Agriculture and Natural Resources exercises its functions subject to the general supervision and control of the President of the Philippines, the President can exercise the same power and authority through executive orders, regulations, decrees and proclamations upon recommendation of the Secretary concerned. Hence, EOs 22,66 and 80 restricting and banning of trawl fishing from San Miguel Bay are valid and issued by authority of law. For the protection of fry or fish eggs and small immature fishes, Congress intended with the promulgation of the Fisheries Act, to prohibit the use of any fish net or fishing devise like trawl nets that could endanger and deplete our supply of seafood, and to that end authorized the Secretary of Agriculture and Natural Resources to provide by regulations and such restrictions as he deemed necessary in order to preserve the aquatic resources of the land. When the President, in response to the clamor of the people and authorities of Camarines Sur issued EO 80 absolutely prohibiting fishing by means of trawls in all waters comprised within the San Miguel Bay, he did nothing but show an anxious regard for the welfare of the inhabitants of said coastal province and dispose of issues of general concern which were in consonance and strict conformity with the law.