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FACTS:
Appellees argue that because the Fisheries Act (Act 4003) does not
contain any prohibition against the transfer or sub-letting of fishponds
covered by permits or lease agreements, Fisheries Administrative Order
14, sec. 7, which embodies said prohibition, is therefore a nullity
because it is inconsistent with the Fisheries Act.
ISSUE:
HELD:
This would violate the intent of the legislature to grant the privilege of
occupying, possessing, developing and enjoying fishponds of the public
domain only to bona fide holders of permits or lease agreements
properly issued or executed by the DANR Secretary.
In declaring null and void a sublease or transfer of the whole or part of a
fishpond and/or its improvements, unless previously approved by the
Director (Commissioner) of Fisheries, 37(a) of Fisheries Administrative
Order 14 does no more than carry into effect the will of the legislature as
expressed in the Fisheries Act.
The prohibition thus merely implements the Fisheries Act and surely
cannot be considered an act of legislation.