Case Digest (G.R. No. 110249)
Facts:
In December 1992, the Sangguniang Panlungsod of Puerto Princesa City enacted Ordinance No. 15-92, banning the shipment of live fish and lobster outside the city from January 1, 1993 to January 1, 1998 to protect coral reefs from cyanide and other noxious fishing methods. On January 22, 1993, Acting City Mayor Amado L. Lucero issued Office Order No. 23, directing inspections of live-fish cargoes at the airport, wharf, or any port for the required mayor’s permit and Bureau of Fisheries and Aquatic Resources (BFAR) clearance. On February 19, 1993, the Sangguniang Panlalawigan of Palawan adopted Resolution No. 33 and Ordinance No. 2-93, prohibiting for five years the catching, possessing, selling, and shipment of eight species of live marine coral-dwelling organisms, to allow reef regeneration. Implementation led to criminal charges against Alfredo Tano, Baldomero Tano, Danilo Tano, Romualdo Tano, Teocenes Midello, Angel de Mesa, Eulogio Tremocha, Felipe Ongonion, Jr., Robert Lim,
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Case Digest (G.R. No. 110249)
Facts:
- Parties and challenged enactments
- Petitioners
- Eighty-five individuals (mostly fishermen) and the Airline Shippers Association of Palawan.
- Claiming deprivation of their livelihood and trade by local ordinances.
- Respondents
- Provincial and city officials of Palawan and Puerto Princesa (governor, mayor, sanggunian members).
- Philippine National Police, prosecutors, and judges in Palawan and Puerto Princesa.
- Local environmental regulations and implementing order
- Puerto Princesa City Ordinance No. 15-92 (Dec. 15, 1992; eff. Jan. 1, 1993–Jan. 1, 1998)
- Banned shipment of “all live fish and lobster” outside the city, except sea bass, catfish, mudfish, milkfish fries.
- Penalties: up to ₱5,000 fine, 12 months’ imprisonment, permit cancellation.
- Office Order No. 23, Series of 1993 (Jan. 22, 1993)
- Authorized city inspectors to seize and hold live-fish and lobster shipments lacking the required mayor’s permit and BFAR clearance.
- Palawan Sanggunian Resolution No. 33 and Ordinance No. 2, Series of 1993 (Feb. 19, 1993)
- Prohibited catching, possessing, buying, selling, shipment of eight specified live marine coral-dwelling species for five years.
- Penalties: up to ₱5,000 fine, 6–12 months’ imprisonment, confiscation and forfeiture of paraphernalia.
- Enforcement actions and criminal charges
- Implementation led to seizures of catch and cargos, halting petitioners’ fishing and shipment businesses.
- Criminal Case No. 93-05-C (1st MCTC of Cuyo-Agutaya-Magsaysay): Tano, de Mesa, others charged under Provincial Ordinance No. 2.
- City Prosecutor’s charges against Robert and Virginia Lim for violating City Ordinance No. 15-92 and Provincial Ordinance No. 2.
- Supreme Court proceedings
- Petition filed June 4, 1993 as certiorari, prohibition, injunction with prayer for TRO.
- TRO issued Nov. 11, 1993 enjoining RTG from arraigning petitioners in Criminal Case No. 11223; subsequently lifted.
- Solicitor General and local governments filed comments; memoranda submitted; DA and BFAR impleaded; petition treated under Rule 65.
Issues:
- Jurisdictional and procedural issues
- Whether petitioners prematurely resorted to the Supreme Court without first moving to quash or availing of remedies in lower courts.
- Whether the Court has original jurisdiction over declaratory relief on local ordinances.
- Merits of constitutionality
- Whether City Ordinance No. 15-92, Office Order No. 23, and Provincial Ordinance No. 2 exceed local government powers under the 1987 Constitution and the Local Government Code (R.A. 7160).
- Whether the enactments violate petitioners’ due process, equal protection, and right to livelihood, particularly subsistence fishermen’s preferential rights (Art. XII, Sec. 2; Art. XIII, Secs. 2, 7).
- Whether prior approval by the Secretary of Agriculture or Environment and Natural Resources was required under P.D. No. 704 or P.D. No. 1219.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)