Tano, et. al. vs. Socrates, et. al., G.R. No. 110249, August 21,1997

Facts:
On December 15, 1992, the Sangguniang Panlungsod ng Puerto Princesa City enacted Ordinance No. 15-92 which took effect on January 1, 1993. The purpose of the Ordinance is to effectively free the City Sea Waters from Cyanide and other Obnoxious substance, and shall cover all persons and/or entities operating within and outside the City of Puerto Princesa who is are directly or indirectly in the business or shipment of live fish and lobster outside the City. To implement said city ordinance, then Acting City Mayor Amado L. Lucero issued Office Order No. 23, Series of 1993 dated January 22, 1993. This ordinance requires any person engaged or intending to engage in any business, trade, occupation, calling or profession or having in his possession any of the articles for which a permit is required to be had, to obtain first a Mayor's Permit” and “City Ordinance No. 15-92, An Ordinance banning the shipment of all live fish and lobster outside Puerto Princesa City from January 1,1993 to January 1, 1998. On February 19, 1993, the Sangguniang Panlalawigan, Provincial Government of Palawan enacted Resolution No. 33 which lead to the enactment of Ordinance No. 2 entitled an “Ordinance Prohibiting the catching, gathering, possessing, buying, selling and shipment of live marine coral dwelling aquatic organisms,and other fishes specified for a period of five years in and coming from Palawan Waters.

Petitioners Alfredo Tano, Baldomero Tano, Teocenes Midello, Angel de Mesa, Eulogio Tremocha, and Felipe Ongonion, Jr. were charged criminally with violating Sangguniang Panlalawigan Resolution No. 33 and Ordinance No. 2, Series of 1993, of the Province of Palawan, in Criminal Case No. 93-05-C of the 1st Municipal Circuit Trial Court (MCTC) of Palawan . Petitioners Robert Lim and Virginia Lim, on the other hand, were charged with violating City Ordinance No. 15-92 of Puerto Princesa City and Ordinance No. 2, Series of 1993, of the Province of Palawan before the Office of the City Prosecutor of Puerto Princesa.

Petitioners caption their petition as one for “Certiorari, Injunction With Preliminary Mandatory Injunction,with Prayer for Temporary Restraining Order” and pray that the Court: (1) declare as unconstitutional: (a) Ordinance No. 15-92, dated 15 December 1992, of theSangguniang Panlungsodof Puerto Princesa; (b) Office Order No. 23, Series of 1993, dated 22 January 1993, issued by Acting City Mayor Amado L. Lucero of Puerto Princesa City; and (c) Resolution No. 33, Ordinance No. 2, Series of 1993, dated 19 February 1993, of theSangguniang Panlalawigan of Palawan as it deprived them of due process of law, their livelihood, and unduly restricted them from the practice of their trade.

On October 25,1993 petitioners filed an urgent Plea for the immediate issuance of a Temporary Restraining Order claiming that despite the pendency of this case, Branch 50 of the Regional Trial Court of Palawan was bent on proceeding with Criminal Case No. 11223 against petitioners Danilo Tano, Alfredo Tano, Eulogio Tremocha, Romualdo Tano, Baldomero Tano, Andres Lemihan and Angel de Mesa for violation of Ordinance No. 2 of the Sangguniang Panlalawigan of Palawan. Acting on said plea, the Court issued on November 11, 1993 a temporary restraining order directing Judge Angel Miclat of said court to cease and desist from proceeding with the arraignment and pre-trial of Criminal Case No. 11223.

Issue:

Whether or not the challenged Ordinances violated the provisions of the Constitution specifically Section 2 of Article XII and Sections 2 and 7 of Article XIII ?

Held:

No, Section II of Article XII of the 1987 Philippine Constitution provides that the exploration, development, and utilization of natural resources shall be under the full control and supervision of the State.

As to Section 7 of Article XIII of the 1987 Philippine Constitution there is absolutely no showing that any of the petitioners qualifies as a subsistence or marginal fisherman. In their petition, petitioner Airline Shippers Association of Palawan is described as “a private association composed of Marine Merchants”; petitioners Robert Lim and Virginia Lim, as “merchants;” while the rest of the petitioners claim to be “fishermen,” without any qualification, however, as to their status.

It is of course settled that laws (including ordinances enacted by local government units) enjoy the presumption of constitutionality. To overthrow this presumption, there must be a clear and unequivocal breach of the Constitution, not merely a doubtful or argumentative contradiction. In short, the conflict with the Constitution must be shown beyond reasonable doubt.Where doubt exists, even if well founded, there can be no finding of unconstitutionality. To doubt is to sustain.

After a scrunity of the challenged Ordinances and the provisions of the Constitution petitioners claim to have been violated, the court find petitioners’ contentions baseless and so hold that the former do not suffer from any infirmity, both under the Constitution and applicable laws.

WHEREFORE, the instant petition is DISMISSED for lack of merit and the temporary restraining order issued on November 11, 1993 is LIFTED.