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ALFREDO TANO v. GOV. SALVADOR P. SOCRATES

FACTS:

On December 15, 1992, the Sangguniang Panlungsod of Puerto Princesa enacted Ordinance No. 15-92, effective January 1, 1993, banning the shipment of all live fish and lobsters outside Puerto Princesa City for five years to free the city's waters from cyanide and other harmful substances. To implement this ordinance, Acting City Mayor Amado L. Lucero issued Office Order No. 23 on January 22, 1993, mandating inspections of cargoes containing live fish and lobsters to ensure compliance with all local regulations. Additionally, the Sangguniang Panlalawigan of Palawan enacted Resolution No. 33 on February 19, 1993, similarly prohibiting the catching, possessing, selling, and shipping of various marine coral-dwelling organisms for five years to protect and conserve the coral reefs and marine environment. These ordinances deprived many fishermen in Palawan and Puerto Princesa of their livelihood and affected the business of marine merchants. Several petitioners, including fishermen and members of the Airline Shippers Association of Palawan, faced criminal charges for violating these ordinances. The petitioners contended that the ordinances deprived them of due process and their livelihood, imposed undue restrictions on their trade, and were thus unconstitutional. They directly sought the Supreme Court's intervention, bypassing local remedies, and filed a petition for certiorari and prohibition to declare the ordinances unconstitutional and to prevent ongoing criminal prosecutions based on these ordinances.

ISSUES:

  1. Whether Ordinance No. 15-92 of Puerto Princesa City, Office Order No. 23, Series of 1993 of the Office of the City Mayor, and Resolution No. 33, Ordinance No. 2, Series of 1993 of the Sangguniang Panlalawigan of Palawan are unconstitutional.

RULING:

  1. The Supreme Court ruled that the ordinances in question and the office order were not unconstitutional. The Court found that these measures were within the devolved powers of the local government units (LGUs) to enforce fishery laws in municipal waters and to protect the environment under the Local Government Code (LGC) of 1991.

PRINCIPLES:

  1. Presumption of Constitutionality: Laws and ordinances enjoy a presumption of constitutionality, and doubts are resolved in favor of their validity.

  2. General Welfare Clause: Section 16 of the LGC mandates LGUs to exercise powers essential to the promotion of general welfare, including protecting the environment.

  3. Balanced and Healthful Ecology: Section 16 of the LGC and Article II, Section 16 of the 1987 Constitution declare the state policy to protect a balanced and healthful ecology, mandating that LGUs enact ordinances to safeguard ecological balance.

  4. Hierarchy of Courts: The Supreme Court fosters adherence to the hierarchy of courts, requiring that petitions for extraordinary writs be filed with the lower courts unless special and compelling reasons necessitate direct recourse to the Supreme Court.

  5. Devolution and Decentralization: The LGC emphasizes decentralization, granting extensive powers to LGUs, including the enforcement of fishery laws within municipal waters, and the authority to protect and conserve marine resources.

  6. Regalian Doctrine: Marine resources belong to the State, and their exploration, development, and utilization are under the full control and supervision of the State.

  7. "Closed Season" Power: Under Section 17(b)(2)(i) of the LGC and P.D. No. 1015, LGUs can establish "closed seasons" for conservation and ecological protection in municipal waters.

  8. Preferential Treatment of Marginal Fishermen: Provisions under the LGC give preferential rights to marginal or subsistence fishermen, but these rights are not absolute and are subject to environmental protection and conservation measures enacted by LGUs.

  9. Local Government Code (LGC) Provisions on Environmental Protection: Sections 447(a)(1)(vi), 458(a)(1)(vi), and 468(a)(1)(vi) of the LGC empower municipalities, cities, and provinces to enact ordinances protecting the environment and imposing penalties for acts endangering it, such as destructive fishing practices.

  10. Strategic Environmental Plan (SEP) for Palawan Act (R.A. No. 7611): This act supports the measures taken by local legislative bodies in Palawan to adopt a framework for sustainable development and environmental protection.

  11. Fishery Law Enforcement: Under Section 131(p) of the LGC and related agreements between the Department of Agriculture and the Department of Interior and Local Government, LGUs are given various powers related to fishing permits, regulations, and establishing "closed seasons."

  12. Rule 65 of the Rules of Court: The remedy for a denial of a motion to quash in criminal cases is generally not a petition for certiorari but to go to trial, with appeals to follow if necessary.

  13. Inadequate Motion to Quash: Filing a special civil action for certiorari without first filing a motion to quash, or without the earlier denial of such a motion, shows prematurity and lack of cause of action.

The rulings and principles established in this case underscore the balance between local governance, environmental protection, and individual rights, and the robust role of LGUs in managing and preserving natural resources.