Beruflich Dokumente
Kultur Dokumente
Tano vs Socrates
August 21, 1997
Facts :
The Sangguniang Panlungsod of Puerto Princessa
enacted Ordinance no. 15-92 which took effect on January
1,1993. The ordinance provides banning of shipments of live
fish and lobster outside Puerto Princessa City from January
1,1993 to January 1, 1998, 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.
In the same light, the Sangguniang Panlalawigan of
Palawan also enacted Resolution No. 33 which lead to the
enactment of Ordinance No. 2 prohibiting the catching,
gathering, buying, selling and possessing and shipment of
live marine coral dwelling aquatic organisms, and other
fishes specified for a period of 5 years within the Palawan
waters. The petitioner Airline Shippers Association of
Palawan together with Alfredo Tano, Baldomero Tano,
Teocenes Midello, Angel de Mesa, Eulogio Tremocha,and
Felipe Ongonion, Jr. 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.
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
Ruling:
Yes.
The evidence presented was enough to convict the
accused.
The first set of evidence were the testimonies, the first of
which came from Fish Warden Jesus Bindoy, while the second
testimony came from Nestor Aldas, an Agricultural
Technologist and Fish Examiner working with the Department
of Agriculture, Palo, Leyte, who examined the fish samples
taken from the accused, and testified that he was with the
team patrolling. The second evidence considered was the
possession of explosives. Under Sections 33 and 38 of PD
No. 704, as amended by PD No. 1058, mere possession of
explosives with intent to use the same for illegal fishing as
defined by law is already punishable.
GR No. 120865-71
Laguna Lake Development Authority vs. CA
December 7, 1995
Facts:
The Laguna Lake Development Authority (LLDA) was
created through Republic Act No. 4850. As provided for in
Section 2, LLDA has exclusive jurisdiction to issue permits for
the use of all surface water for any project or activity in or
affecting the said region including navigation, construction,