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...
