Tano, et al. vs.

Hon. Socrates, MEMBERS OF SANGGUNIANG PANLALAWIGAN OF PALAWAN et al.,

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

FACTS:

 The City Council of Puerto Princesa, Palawan enacted Ordinance No. 15-92 banning the
shipment of all live fish and lobster outside of the city for five years in order to effectively free
the City Sea Waters from cyanide and other obnoxious substances.

 To implement the law, the Mayor (Amado L. Lucero) issued Office Order No. 23, requiring any
person engaged or intending to engage in any business,trade, occupation, calling or profession
or having in his possession any of the articles for which a permit is required to be had, to obtain
first a Mayor’s and authorizing and directing to check or conduct necessary inspections on
cargoes containing live fish and lobster being shipped out from Puerto Princesa.

 Thereafter, the Provincial Government of Palawan (Sangguniang Panlalawigan) enacted

Resolution No. 33 and Ordinance No. 2 which prohibit the catching, gathering, possessing,
buying, selling and shipment of live marine coral dwelling aquatic organisms for a period of five
years.

 The Petitioners, some of whom were criminally charged for violating the ordinances as enacted,
challenged the ordinances on the ground that it deprived them of due process of law, their
livelihood, and unduly restricted them from the practice of their trade.

ISSUE:

Whether or not the ordinances and resolution enacted the local government of Puerto Princesa and
the Provincial Government of Palawan are constitutional (a valid exercise of police power).

RULING:

The Supreme Court ruled against petitioners, opining that the ordinances were in line and were
within the police power exercised by the LGUs under Sec. 16 of the LGC, also known as the General
Welfare Clause.

ARGUMENTS OF THE PARTIES:

PETITIONERS:

1. Ordinances deprived them of due process of law, their livelihood, and unduly restricted them
from the practice of their trade. (TOPIC)

RESPONDENTS:

1. Ordinance No. 2 is a valid exercise of the Provincial Government's power under the general
welfare clause (SEC. 16, LGC) and its specific power to protect the environment and impose
appropriate penalties for acts which endanger the environment, such as dynamite fishing and other
forms of destructive fishing (See SEC. 447, 458, and 468 of LGC)

2. There was no violation of the due process and equal protection clauses of the Constitution. Public
hearings were conducted before the enactment of the Ordinance which, undoubtedly, had a lawful
purpose and employed reasonable means.

RATIO:

 Laws (including ordinances enacted by local government units) enjoy the presumption of
constitutionality. To overthrow this presumption, there must be a clear and unequivocal breach
of the Constitution, not merely a doubtful or argumentative contradiction. In short, the conflict
with the Constitution must be shown beyond reasonable doubt. Where doubt exists, even if
well-founded, there can be no finding of unconstitutionality. To doubt is to sustain.

 The LGC vests municipalities with the power to grant fishery privileges in municipal waters and
impose rentals, fees or charges therefor; to penalize, by appropriate ordinances, the use of
explosives, noxious or poisonous substances, electricity, muro-ami, and other deleterious
methods of fishing; and to prosecute any violation of the provisions of applicable fishery laws.

 The sangguniang bayan, the sangguniang panlungsod and the sangguniang panlalawigan are
directed to enact ordinances for the general welfare of the municipality and its inhabitants,
which shall include, inter alia, ordinances that "protect the environment and impose
appropriate penalties for acts which endanger the environment such as dynamite fishing and
other forms of destructive fishing . . . and such other activities which result in pollution,
acceleration of eutrophication of rivers and lakes, or of ecological imbalance."

 The Local Government Code provided under SEC. 16 that every local government unit shall
exercise the powers expressly granted or implied therefrom for its efficient and effective
governance, and those which are essential to the promotion of general welfare. Included in the
general welfare is to enhance the right of the people to a balanced ecology. This is considered
by the Court as an explicit mandate that the local government units are allowed to exercise its
powers for the general welfare. One of the devolved powers enumerated in the LGC is the
enforcement of fishery laws in municipal waters which is necessary.

 In the present case, the Court see it clear that both Ordinances have two principal objectives:
(1) to establish a “closed season” for covered aquatic animals for a period of five years, and (2)
to protect coral in the marine waters from further destruction.

 The accomplishment of the first objective is well within the devolved power to enforce fishery
laws in municipal waters, such as P.D. No. 1015, which allows the establishment of "closed
seasons."

 The realization of the second objective clearly falls within both the general welfare clause of the
LGC and the express mandate thereunder to cities and provinces to protect the environment
and impose appropriate penalties for acts which endanger the environment.
 AUTHOR’S NOTE:

 Sec. 16. General Welfare. — Every local government unit shall exercise the powers expressly
granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or
incidental for its efficient and effective governance, and those which are essential to the
promotion of the general welfare. Within their respective territorial jurisdictions, local
government units shall ensure and support, among other things, the preservation and
enrichment of culture, promote health and safety, enhance the right of the people to a
balanced ecology, encourage and support the development of appropriate and self-reliant
scientific and technological capabilities, improve public morals, enhance economic prosperity
and social justice, promote full employment among their residents, maintain peace and order,
and preserve the comfort and convenience of their inhabitants.

 Section 5(c) of the LGC explicitly mandates that the general welfare provisions of the LGC "shall
be liberally interpreted to give more powers to the local government units in accelerating
economic development and upgrading the quality of life for the people of the community."

 The destruction of coral reefs results in serious, if not irreparable, ecological imbalance, for
coral reefs are among nature's life-support systems. They collect, retain and recycle nutrients
for adjacent nearshore areas such as mangroves, seagrass beds, and reef flats; provide food for
marine plants and animals; and serve as a protective shelter for aquatic organisms. It is said that
"ecologically, the reefs are to the oceans what forests are to continents: they are shelter and
breeding grounds for fish and plant species that will disappear without them."

 Andrei’s Commentary: The rationale behind the Ordinances was to preserve the marine life of
Palawan as stated in SEC. 2 of Ordinance No. 15-92 & Resolution No. 33:

 Sec. 2. Purpose, Scope and Coverage. — To effectively free our City Sea Waters from
Cyanide and other Obnoxious substance[s], and shall cover all persons and/or entities
operating within and outside the City of Puerto Princesa who are directly or indirectly in
the business or shipment of live fish and lobster outside the City.

 RES. 33. Scientific and factual researches [sic] and studies disclose that only five (5) percent
of the corals of our province remain to be in excellent condition as [a] habitat of marine
coral dwelling aquatic organisms;

 It cannot be gainsaid that the destruction and devastation of the corals of our province
were principally due to illegal fishing activities like dynamite fishing, sodium cyanide
fishing, use of other obnoxious substances and other related activities;

 There is an imperative and urgent need to protect and preserve the existence of the
remaining excellent corals and allow the devastated ones to reinvigorate and regenerate
themselves into vitality within the span of five (5) years.