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More appropriately, the petition is, and shall be treated as, a special civil action for certiorari and prohibition. The following is petitioners summary of the factual antecedents giving rise to the petition: Title of the Ordinance. Purpose, Scope and Coverage.
Any existing ordinance or any provision of any ordinance inconsistent to [sic] this ordinance is deemed repealed. This Ordinance shall take effect on January 1, Lucero issued Office Order No.
In the interest of public service Case of tano v socrates for purposes of City Ordinance No. The purpose of the inspection is to ascertain whether the shipper possessed the required Mayors Permit issued by this Office and the shipment is covered by invoice or clearance issued by the local office of the Bureau of Fisheries and Aquatic Resources and as to compliance with all other existing rules and regulations on the matter.
Any cargo containing live fish and lobster without the required documents as stated herein must be held for proper disposition. Further, that the usual courtesy and diplomacy must be observed at all times in the conduct of the inspection.
Please be guided accordingly. WHEREAS, scientific and factual researches [sic] and studies disclose that only five 5 percent of the corals of our province remain to be in excellent condition as [a] habitat of marine coral dwelling aquatic organisms; WHEREAS, it cannot be gainsaid that the destruction and devastation of the corals of our province were principally due to illegal fishing activities like dynamite fishing, sodium cyanide fishing, use of other obnoxious substances and other related activities; WHEREAS, there is an imperative and urgent need to protect and preserve the existence of the remaining excellent corals and allow the devastated ones Case of tano v socrates reinvigorate and regenerate themselves into vitality within the span of five 5 years; WHEREAS, Sec.
VI of the [sic] R. Peneyra and upon unanimous decision of all the members present; Be it resolved as it is hereby resolved, to approve Resolution No. TITLE - This Ordinance shall be known as an Ordinance Prohibiting the catching, gathering, possessing, buying, selling and shipment of live marine coral dwelling aquatic organisms, to wit: Scaridae Mameng2.
Epinephelus Fasciatus Suno3. Cromileptes altivelis Panther or Senoritalobster below grams and spawning4. Tridacna Gigas Taklobo5. Penaeus Monodon Tiger Prawn-breeder size or mother7. Epinephelus Suillus Loba or Green Grouper and 8.
It is hereby declared, the policy of the state that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self reliant communities and make them more effective partners in the attainment of national goals.
Toward this end, the State shall provide for [a] more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities and resources.
Any provision on a power of [a] local Government Unit shall be liberaly interpreted in its favor, and in case of doubt, any question thereon shall be resolved in favor of devolution of powers and of the lower government units.
Any fair and reasonable doubts as to the existence of the power shall be interpreted in favor of the Local Government Unit concerned. The general welfare provisions in this Code shall be liberally interpreted to give more powers to local government units in accelerating economic development and upgrading the quality of life for the people in the community.
The respondents implemented the said ordinances, Annexes A and C hereof thereby depriving all the fishermen of the whole province of Palawan and the City of Puerto Princesa of their only means of livelihood and the petitioners Airline Shippers Association of Palawan and other marine merchants from performing their lawful occupation and trade; 5.
Petitioners Robert Lim and Virginia Lim, on the other hand, were charged by the respondent PNP with the respondent City Prosecutor of Puerto Princesa City, a xerox copy of the complaint is hereto attached as Annex E; Without seeking redress from the concerned local government units, prosecutors office and courts, petitioners directly invoked our original jurisdiction by filing this petition on 4 June In sum, petitioners contend that: First, the Ordinances deprived them of due process of law, their livelihood, and unduly restricted them from the practice of their trade, in violation of Section 2, Article XII and Sections 2 and 7 of Article XIII of the Constitution.
Second, Office Order No. Third, as Ordinance No. Finally, as Ordinance No. In the Resolution of 15 June we required respondents to comment on the petition, and furnished the Office of the Solicitor General with a copy thereof.
In their comment filed on 13 Augustpublic respondents Governor Socrates and Members of the Sangguniang Panlalawigan of Palawan defended the validity of Ordinance No. They claimed that in the exercise of such powers, the Province of Palawan had the right and responsibilty to insure that the remaining coral reefs, where fish dwells [sic], within its territory remain healthy for the future generation.
The Ordinance, they further asserted, covered only live marine coral dwelling aquatic organisms which were enumerated in the ordinance and excluded other kinds of live marine aquatic organisms not dwelling in coral reefs; besides the prohibition was for only five 5 years to protect and preserve the pristine coral and allow those damaged to regenerate.
Aforementioned respondents likewise maintained that there was no violation of due process and equal protection clauses of the Constitution. As to the former, public hearings were conducted before the enactment of the Ordinance which, undoubtedly, had a lawful purpose and employed reasonable means; while as to the latter, a substantial distinction existed between a fisherman who catches live fish with the intention of selling it live, and a fisherman who catches live fish with no intention at all of selling it live, i.
Further, the Ordinance applied equally to all those belonging to one class. Acting on said plea, we issued on 11 November 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.
On 12 Julywe excused the Office of the Solicitor General from filing a comment, considering that as claimed by said office in its Manifestation of 28 Junerespondents were already represented by counsel.
The rest of the respondents did not file any comment on the petition. In the resolution of 15 Septemberwe resolved to consider the comment on the petition as the Answer, gave due course to the petition and required the parties to submit their respective memoranda.G.R. No. Â Â August 21, Tano et.
Al. V. Socrates et. All Facts: On December 15, , the Sangguniang Panlungsod ng Puerto Princesa City enacted Ordinance No. 15 . Jun 02, · On Dec 15, , the Sangguniang Panglungsod ng Puerto Princesa enacted an ordinance banning the shipment of all live fish and lobster outside Puerto Princesa City from January 1, to January 1, G.R.
No. Â Â August 21, Tano et.
Al. V. Socrates et. All Facts: On December 15, , the Sangguniang Panlungsod ng Puerto Princesa City enacted Ordinance. Case of Tano V. Socrates. Topics: Trial court, Socrates v. Euthyphro: What Is Piety?
TANO v. SOCRATES Facts: The petitioners filed a petition for certiorari and prohibition assailing the constitutionality of: (1) Ordinance No. entitled: "AN ORDINANCE BANNING THE SHIPMENT OF ALL LIVE FISH AND LOBSTER OUTSIDE PUERTO PRINCESA CITY FROM JANUARY 1, TO JANUARY 1, AND PROVIDING 5/5(1). G.R. No. Â Â August 21, Tano et. Al. V. Socrates et. All Facts: On December 15, , the Sangguniang Panlungsod ng Puerto Princesa City enacted Ordinance No. 15 . tano vs socrates - Download as Word Doc .doc), PDF File .pdf), Text File .txt) or view presentation slides online.
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Socrates. Come browse our large digital warehouse of free sample essays. Get the knowledge you need in order to pass your classes and more. Only at ashio-midori.com". Jun 02, · On Dec 15, , the Sangguniang Panglungsod ng Puerto Princesa enacted an ordinance banning the shipment of all live fish and lobster outside Puerto Princesa City from January 1, to January 1,