Digests July 5 - People v Maceren 79 SCRA 450 Facts Defendants Jose Buenaventura Godofredo Reyes Benjamin Reyes Nazario Aquino and Carlito del Rosario

Digests July 5 - People v Maceren 79 SCRA 450 Facts...

This preview shows page 1 - 3 out of 13 pages.

People v Maceren 79 SCRA 450 Facts: Defendants Jose Buenaventura, Godofredo Reyes, Benjamin Reyes, Nazario Aquino and Carlito del Rosario were charged by a Constabulary investigator in the municipal court of Sta. Cruz, Laguna with the complaint that the five accused resorted to electro fishing in the waters of Barrio San Pablo Norte, Sta. Cruz by using their own motor banca, equipped with electrocuting device that catches fish thru electric current. which destroy any aquatic animals. Upon motion of the Maceren and others, the municipal court quashed the complaint -- that electro fishing cannot be penalize because electric current is not an obnoxious or poisonous substance as contemplated in section I of the Fisheries Law and that it is not a substance at all but a form of energy conducted or transmitted by substance. The prosecution appealed. The Court of First Instance of Laguna affirmed the order of dismissal. The case is now before this Court on appeal by the prosecution under Republic Act No. 5440. Issue: Whether or not the 1987 regulation penalizing electro fishing in fresh water fisheries, promulgated by the Secretary of Agriculture and Natural Resources and Commissioner of Fisheries under the old fisheries law is valid. Ruling: No. The Supreme Court held that the Secretary of Agriculture and Natural Resources Commissioner of Fisheries went beyond the scope of their power. The fisheries law does not expressly prohibit or penalize. Had the law making body intended to punish electrofishing, a penal provision to that effect could have been embodied in the old Fisheries Law. Therefore the court dismissed the lower court’s decision for the lack of appellate jurisdiction and the order of dismissal rendered by the municipal court of Sta. Cruz, Laguna in Criminal Case No. 5429 is affirmed.
Image of page 1
PACIFIC STEAM LAUNDRY, INC. (PSL), Petitioner, VS LAGUNA LAKE DEVELOPMENTAUTHORITY (LLDA), Respondents 608 SCRA 442 Facts: Pacific Steam Laundry, Inc., petitioner is a company engaged in the business of laundry services. On 5 September 2001, the Environmental Quality Management Division of Laguna Lake Development Authority (LLDA) conducted wastewater sampling of petitioner’s effluent which showed non- compliance. After a series of subsequent water sampling, PSL still failed to conform to the regulatory standards. Another wastewater sampling which was conducted on 5 June 2002, in response to the 17 May 2002 request for re-sampling received by LLDA, finally showed compliance with the effluent standard in all parameters. On 16 September 2002, LLDA issued an Order to Pay indicating therein that the penalty should be imposed from the date of initial sampling to the date there quest for re-sampling was received by the Authority Petitioner filed a motion for reconsideration, which the LLDA denied.
Image of page 2
Image of page 3

You've reached the end of your free preview.

Want to read all 13 pages?

  • Fall '16
  • United States Congress, United States House of Representatives, COMELEC, republic act no.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes