Alfredo Tano vs Go. Salvador Socrates GR No.

110249 August 21, 1997

FACTS: On December 15, 1992, the Sangguniang Panglungsod ng Puerto Princesa City enacted ordinance no. 15-92 which took effect on January 1, 1993 which prohibits the shipment of all live fish and lobster outside of Puerto Princesa for the period January 1, 1993 to January 1, 1998. The ordinance also provided for exemption and penalties for its violation.

ISSUE: Whether or not the ordinance no. 15-92 is constitutional?

HELD: It is settled that laws, including ordinances 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. The conflict must be shown beyond reasonable doubt. Where doubt exist, even if well founded, there can be no finding of unconstitutionality. To doubt is to sustain.