GR 42395; (March, 1935) (Digest)
G.R. No. 42395 ; March 30, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellant, vs. DELFIN L. LARDIZABAL, defendant-appellee.
FACTS
The defendant was charged with violating Municipal Ordinance No. 3, series of 1933, of Magallanes, Sorsogon, which imposed a license tax on the privilege of fishing within municipal waters using a “sapiao con luces” tackle. The Court of First Instance dismissed the case, ruling that the ordinance was null for lacking the approval of the Secretary of Agriculture and Commerce, which it believed was required under Act No. 4003 .
ISSUE
Whether the municipal ordinance imposing a license tax on fishing in municipal waters requires the approval of the Secretary of Agriculture and Commerce to be valid.
RULING
No. The ordinance is valid without such approval. Municipal councils have the inherent power to regulate fishing within their districts. Section 70 of Act No. 4003 expressly authorizes municipal councils to impose license taxes on fishing privileges in municipal waters. Nothing in the Act requires the Secretary’s approval for ordinances enacted under this authority. The trial court erred in dismissing the case. The order of dismissal is set aside and the case is remanded for further proceedings.
AI Generated by Armztrong.