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.
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