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Facts:
The petitioners filed a petition for certiorari and prohibition
assailing the constitutionality of:
(1 ) O rdi nance N o. 15 -9 2 e nti tle d:
" AN ORDINANCE BANNING THE SHIPMENT OF ALL LIVE
FISH AND LOBSTER OUTSIDE PUERTO PRINCESA CITY FROM
JANUARY 1, 1993 TO JANUARY 1,1998 AND PROVIDING
EXEMPTIONS, PENALTIES AND FOR OTHER PURPOSES THEREOF"
(2 ) O ffi ce O rde r N o. 23 , re q ui ri ng any pe rson
e nga ge d or i nte n di ng to e ngage i n any busi ne ss,
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 Mayors and authorizing and
directing to check or conduct necessary inspections on
cargoes containing live fish and lobster being shipped out
from Puerto Princesa and,
(3) Resolution No. 33, Ordinance No. 2
entitled: "A RESOLUTION PROHIBITING
THE
C ATC HI N G,
G ATHE RI N G,
PO SSE SSI N G,
B UYI N G,
SEL L I N G AN D SHI PMEN T O F LI VE MARI N E CORAL
DWELLING AQUATIC ORGANISMS
The
petitioners
contend
that
the
said
Ordinances deprived them of due process of
l a w , t h e i r 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 1987
Constitution and that the Mayor had the absolute authority
to determine whether or not to issue the permit. They also
claim that it took away their right to earn their livelihood in
lawful ways; and insofar as the Airline Shippers Association
are concerned, they were unduly prevented from pursuing
their vocation an d e nte ri ng "i nto contrac ts w hi ch a re
p ro pe r, ne ce ssary, an d e sse nti al to carry out the i r
b usi ne ss endeavors to a successful conclusion Pu bl i c
the
Ordinances
in
question
are
Held: NO
Ratio:
In light then of the principles of decentralization and
devolution enshrined in the LGC and the powers granted
therein to local government units under Section 16 (the
General Welfare Clause), and under Sections 149, 447(a) (1)
(vi), 458 (a) (1) (vi) and 468 (a) (1) (vi), which
unquestionably involve the exercise of police power, the
validity of the questioned Ordinances cannot be doubted.
***Sec. 16. General Welfare. Every local government unit
shall exercise the powers expressly granted, those
necessarily implied therefrom, as well as powers necessary,
appropriate, or incidental for its efficient and effective
governance, and those which are essential to the promotion
of the general welfare. Within their respective territorial
jurisdictions, local government units shall ensure and
support, among other things, the preservation and
enrichment of culture, promote health and safety, enhance
the right of the people to a balanced ecology, encourage
and support the development of appropriate and self-reliant
scientific and technological capabilities, improve public
morals, enhance economic prosperity and social justice,