Tano v Socrates (Environmental Law)

Tano v Socrates  

GR No. 110249 

August 21, 1997 

FACTS:

The  Sangguniang  Panlungsod  ng  Puerto  Princesa  City  enacted  Ordinance  N o. 15-92  which  took  effect  on  January  1,  1993  entitled:  "AN   ORDINANCE  BANNING  THE  SHIPMENT  OF  ALL LIVE  FISH   AND  LOBSTER  OUTSIDE  PUERTO  PRINCESA  CITY  FROM  JANUARY  1,  1993  TO  JANUARY  1, 1998 AND PROVIDING EXEMPTIONS, PENALTIES AND FOR OTHER PURPOSES THEREOF. 

ISSUE:

Is the ordinance valid and constitutional? 

APPLICABLE LAWS:

• Section 2 of Article X I I  reads: The  State  shall  protect  the  nation' s  marine  wealth  in  its  archipelagic  waters,  territorial  sea,  and  exclusive economic z one, and reserve its use and enjoyment exclusively to Filipino citizens. The  Congress  may,  by  law ,  allow   small-scale  utilization  of  natural  resources  by  Filipino  citizens,  as  w ell  as cooperative  fish  farming,  with  priority  to  subsistence  fishermen  and  fishworkers  in  rivers,  lakes,  bays,  and lagoons. 

• Sections 2 and 7 of Article XIII  provide: Sec. 2.  The promotion of  social justice  shall include the  commitment to create  economic opportunities based on freedom of initiative and self-reliance. x x x  x x x  x x x Sec. 7.  The State shall protect  the rights of subsistence  fishermen, especially of local  communities, to the  preferential  use of  the communal  marine  and fishing  resources,  both  inland  and offshore.  It shall provide  support to  such fishermen  through appropriate  technology and  research, adequate  financial, production,  and marketing  assistance, and  other  services. The State shall also protect, develop, and conserve such resources.  The  protection  shall  ex tend  to  offshore  fishing  grounds  of  subsistence fishermen  against  foreign  intrusion.  Fishworkers  shall  receive  a  just  share  from  their  labor  in  the utilization of marine and fishing resources. 

• General Welfare Clause, expressly mentions this right:  

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. (underscoring supplied).  

RULING:

YES. In light then of the principles of decentralization and devolution enshrined in the LGC and the powers granted to local government units under Section 16 (the General Welfare Clause), and under Sections 149, 447 (a) (1) (vi), 458 (a) (1) (vi) and 468 (a) (1) (vi), which unquestionably involve the exercise of police power, the validity of the questioned Ordinances cannot be doubted.  

Both Ordinances have two principal objectives or purposes:  

(1) to establish a “closed season” for the species of fish or aquatic animals covered therein for a period of five years, and   

(2) to protect the corals of the marine waters of the City of Puerto Princesa and the Province of Palawan from further destruction due to illegal fishing activities.  It is incorrect to say that the challenged Ordinance of the City of Puerto Princesa is invalid or unenforceable because it was not approved by the Secretary of the DENR. If at all, the approval that should be sought would be that of the Secretary of the Department of Agriculture (not DENR) of municipal ordinances affecting fishing and fisheries in municipal waters.  In closing, we commend the Sangguniang Panlungsod of the City of Puerto Princesa and Sangguniang Panlalawigan of the Province of Palawan for exercising the requisite political will to enact urgently needed legislation to protect and enhance the marine environment, thereby sharing In the herculean task of arresting the tide of ecological destruction. We hope that other local government units shall now be roused from their lethargy and adopt a more vigilant stand in the battle against the decimation of our legacy to future generations. At this time, the repercussions of any further delay in their response may prove disastrous, if not, irreversible.