Tano vs Socrates 278 SCRA 154

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. In the same light, the
Sangguniang Panlalawigan of Palawan also enacted a resolution that prohibits the catching, gathering,
buying, selling and possessing and shipment of live marine coral dwelling aquatic organisms for a period
of 5 years within the Palawan waters. The petitiones Airline Shippers Association of Palawan together
with marine merchants were charged for violating the above ordinance and resolution by the city and
provincial governments. The petitioners now allege that they have the preferential rights as marginal
fishermen granted with privileges provided in Section 149 of the Local Government Code, invoking the
invalidity of the above-stated enactments as violative of their preferential rights.

Issue

Whether or not the enacted resolutions and ordinances by the local government units violative of the
preferential rights of the marginal fishermen ?

Held

No, the enacted resolution and ordinance of the LGU were not violative of their preferential rights. The
enactment of these laws was a valid exercise of the police power of the LGU to protect public interests
and the public right to a balanced and healthier ecology. The rights and privileges invoked by the
petitioners are not absolute. The general welfare clause of the local government code mandates for the
liberal interpretation in giving the LGUs more power to accelerate economic development and to
upgrade the life of the people in the community. The LGUs are endowed with the power to enact fishery
laws in its municipal waters which necessarily includes the enactment of ordinances in order to
effectively carry out the enforcement of fishery laws in their local community.