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    PCSD-V - Ejercito Lim

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    Shithead
    The Palawan Council for Sustainable Development (PCSD) issued AO No. 00-05 requiring traders and carriers transporting live fish from Palawan to obtain accreditation. The respondent continued his business without accreditation and was issued a notice of violation. The respondent argued the notice was invalid as he did not receive it. However, the Supreme Court ruled that the PCSD acted within its authority granted by RA 7611 to implement the Strategic Environment Plan when it issued AO No. 00-05 and related resolution and notice, making them valid.

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    PCSD-V - Ejercito Lim

    Uploaded by

    Shithead
    81 views1 page
    The Palawan Council for Sustainable Development (PCSD) issued AO No. 00-05 requiring traders and carriers transporting live fish from Palawan to obtain accreditation. The respondent continued his business without accreditation and was issued a notice of violation. The respondent argued the notice was invalid as he did not receive it. However, the Supreme Court ruled that the PCSD acted within its authority granted by RA 7611 to implement the Strategic Environment Plan when it issued AO No. 00-05 and related resolution and notice, making them valid.

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    PCSD-v- Ejercito Lim

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    The Palawan Council for Sustainable Development (PCSD) issued AO No. 00-05 requiring traders and carriers transporting live fish from Palawan to obtain accreditation. The respondent continued his business without accreditation and was issued a notice of violation. The respondent argued the notice was invalid as he did not receive it. However, the Supreme Court ruled that the PCSD acted within its authority granted by RA 7611 to implement the Strategic Environment Plan when it issued AO No. 00-05 and related resolution and notice, making them valid.

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    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    81 views1 page

    PCSD-V - Ejercito Lim

    Uploaded by

    Shithead
    The Palawan Council for Sustainable Development (PCSD) issued AO No. 00-05 requiring traders and carriers transporting live fish from Palawan to obtain accreditation. The respondent continued his business without accreditation and was issued a notice of violation. The respondent argued the notice was invalid as he did not receive it. However, the Supreme Court ruled that the PCSD acted within its authority granted by RA 7611 to implement the Strategic Environment Plan when it issued AO No. 00-05 and related resolution and notice, making them valid.

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    © All Rights Reserved
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    of 1

    Facts:

    The Petitioner, The Palawan Council for Sustainable Development (PCSD) was a
    government agency created to implement policy for the Strategic Environment Plan
    (SEP) for Palawan. On the other hand, The respondent, was the operator of domestic
    air carrier, which operate as a transport of live fish from Palawan to fish
    traders.

    The PCSD issued AO No. 00-05 which mandates traders and carriers to secure an
    accreditation from the PCSD to be allowed to do their business in transporting live
    fish in palawan. The respondent, continued his business without securing any
    accreditation from the PCSD. Thereafter, a customer showed him a Notice of
    Violation and Show Cause order issued by the PCSD, abd that he should explain the
    allegation within 15 days, otherwise he would be sanctioned with a fine of 50,000.

    In his defense, the petitioner alleged that he did not received any notice comming
    from the PCSD, and therefore, filed a petiotn for prohibition with the CA which
    issued a temporary restraining order(TRO)

    The petitioner countered that the petition for prohibtion should be dismissed
    because AO 00-05 was in accord with the mandate of the constitution and RA 7611;
    that Resulotion No. 03-211 had amended some parts of AO 00-05 and rendering the
    prohibition moot and academic.

    The respondent then filed a supplemental petition alleging that Resolution No. 03-
    211, which prohibit the transport of fish from palwan to his clients resulted the
    loss of the respondent amounting 132,000.00.

    The CA granted the petition of the respondent which declared AO 00-05, series of
    2002, Resolution No.03-211 and the Notice of Violation and Show Case order Null and
    Void.

    Issue:
    Whether AO No. 00-05; Resolution No. 03-211; and the notice of violation and show
    cause order null and void for having been issued in excess of the PCSD's authority

    Ruling:

    NO

    The PCSD was establish as the administrative machinery for the SEP's implmentation
    under RA 7611. Accordingly, the PCSD had the explicit authority to fill in the
    details as to how to carry out the objectives of R.A. No. 7611 in protecting and
    enhancing Palawan's natural resources consistent with the SEP. In that task, the
    PCSD could establish a methodology for the effective implementation of the SEP.
    Moreover, the PCSD was expressly given the authority to impose penalties and
    sanctions in relation to the implementation of the SEP and the other provisions of
    R.A. No. 7611. As such, the PCSD's issuance of A.O. No. 00-95 and Resolution No.
    03-211 was well within its statutory authority.

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