Theresa Faye A.

De Guzman
JD 1-2

GR Nos. L-8895 and L-9191

April 30, 1957

Salvador A. Araneta, etc., et al., petitioners,

vs.
The Hon. Magno S. Gatmaitan, etc ., et al, respondents

Exequiel Soriano, et al., petiotioner-appellees,

vs.
Salvador Araneta, etc., et al., respondents-appellants

FACTS

The case involves a dispute over the banning of the operation of trawls in San Miguel Bay because there
was a general clamor among the majority of its inhabitants. Sustenance fishermen believe that the trawl
operation is the main reason for the depletion of the marine resources in the area. On December 18,
1953, the Municipal Mayor’s League passed a resolution condemning the operations of trawls and
prayed to the President of the Philippines to protect San Miguel Bay and its inhabitants by banning the
operations of trawls. In response, the President issued an order on April 5, 1954. Aggrieved, a group of
trawl operators filed a preliminary injunction to the court restraining the enforcement of the said
executive order issued by the President. After the evidence for both parties was presented, the lower
trial court ruled in favor of the trawl operators, declaring the executive orders invalid, and ordered the
issuance of an injunction.

ISSUE

WON the President of the Philippines has the authority to issue the executive orders banning trawl
fishing in San Miguel Bay

HELD

YES. The President has the authority to issue executive orders banning trawl fishing in San Miguel Bay.
Section 6, 13, 65, and 83 of Act No. 4003, known as the Fisheries Law, the latter to sections as amended
by Section 1 of Commonwealth Act No. 471 declares that any kind of taking except for scientific and
educational purposes, destroying, killing, of any fish or fish eggs is unlawful and fixes the penalty, the
Secretary of Agriculture and Natural Resources is authorized to promulgate regulations restricting the
use of any fish net or fishing device for the protection of fish. Section 10 of Article VII of the Constitution
of the Philippines mandates that the President shall have control of all the executive departments,
offices, and exercises general supervision over all local governments as maybe provided by law.