Tano vs.

Socrates
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.