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 ?
