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Validity of Executive Order on Trawling

The document discusses a case regarding a dispute over trawl fishing in San Miguel Bay between fishers using traditional methods and those using trawling. Local officials and fishers believed trawling was depleting marine resources. In response, the President issued an executive order prohibiting trawl fishing in the bay. Trawl operators challenged the order, arguing the President did not have authority to declare closed fishing areas. The court upheld the executive order, finding that protecting fish stocks was the intent of the relevant Fisheries Act, and the President's order was in line with that intent and did not unduly delegate legislative powers.

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150 views1 page

Validity of Executive Order on Trawling

The document discusses a case regarding a dispute over trawl fishing in San Miguel Bay between fishers using traditional methods and those using trawling. Local officials and fishers believed trawling was depleting marine resources. In response, the President issued an executive order prohibiting trawl fishing in the bay. Trawl operators challenged the order, arguing the President did not have authority to declare closed fishing areas. The court upheld the executive order, finding that protecting fish stocks was the intent of the relevant Fisheries Act, and the President's order was in line with that intent and did not unduly delegate legislative powers.

Uploaded by

John Bas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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121. Araneta, et al. vs. Hon. M. Gatmaitan, et al.

Facts:

San Miguel Bay, located between the provinces of Camarines Norte and Camarines Sur, a part of the
National waters of the Philippines is considered as the most important fishing area in the Pacific side of the
Bicol region. Sometime in 1950, trawl operators from Malabon, Navotas and other places migrated to this
region most of them settling at Sabang, Calabanga, Camarines Sur, for the purpose of using this particular
method of fishing in said bay. On account of the belief of sustenance fishermen that the operation of this kind
of gear caused the depletion of the marine resources of that area, there arose a general clamor among the
majority of the inhabitants of coastal towns to prohibit the operation of trawls in San Miguel Bay. This move
was manifested in the resolution of December 18, 1953, passed by the Municipal Mayors' League condemning
the operation of trawls as the cause of the wanton destruction of the shrimp specie and resolving to petition
the President of the Philippines to regulate fishing in San Miguel Bay by declaring it closed for trawl fishing at a
certain period of the year.

In response to this plea, the President issued on April 5, 1954, Executive Order No. 22 (50 Off. Gaz.,
1421) prohibiting the use of trawls in San Miguel Bay pursuant to Section 7, Act 4003, as amended, otherwise
known as the Fisheries Act. A group of Otter trawl operators took the matter to the court by filing a complaint
for injunction saying that the power to declare a closed area for fishing purposes has not been delegated to
the President of the Philippines under the Fisheries Act

Issue:

Whether or not the Executive Order No. 80 was valid, for the issuance thereof was not in the exercise of
legislative powers unduly delegated to the President.

Ruling:

Yes. For the protection of fry or fish eggs and small and immature fishes, Congress intended with the
promulgation of Act No. 4003, to prohibit the use of any fish net or fishing device like trawl nets that could
endanger and deplete the supply of sea food, and to that end authorized the Secretary of Agriculture and
Natural Resources to provide by regulations such restrictions as he deemed necessary in order to preserve the
aquatic resources of the land. In so far as the protection of fish fry or fish eggs is concerned the Fisheries Act is
complete in itself leaving only to the Secretary of Agriculture & Natural Resources the promulgation of rules
and regulations to carry into effect the legislative intent. Consequently, when the President, in response to the
clamor of the people and authorities of Camarines Sur issued Executive Order No. 80 absolutely prohibiting
fishing by means of trawls in all waters comprised within the San Miguel Bay, he ,did nothing but show an
anxious regard for the welfare of the inhabitants of said coastal province and dispose of issues of general
concern (Section 63, Revised Administrative Code) which were in consonance and strict conformity with the
law. The exercise of such authority did not, therefore, constitute an undue delegation of the powers of
Congress.

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