Vous êtes sur la page 1sur 5

Laguna Lake Devt Authority v.

CA On the other hand, the power of the Authority to grant permits for
December 7, 1995| Hermosisima, J| Basic Services and Facilities fishpens, fishcages and other aqua-culture structures is for the
Digester: Mercado, Carlo Robert M. purpose of effectively regulating and monitoring activities in the
Laguna de Bay region (Section 2, Executive Order No. 927) and for
SUMMARY: Laguna Lake Devt Authority (LLDA/Authority) is the lake quality control and management. It does partake of the nature
agency mandated to exercise jurisdiction over the Laguna Lake of police power which is the most pervasive, the least limitable and
Area, more specifically (among others) to issue permits for the use the most demanding of all State powers including the power of
of all surface water for any projects or activities in or affecting the taxation.
said region, including navigation, construction, and operation of
fishpens, fish enclosures, fish corrals and the like. (RA 4850, Sec. FACTS
4(k)). It was created by RA 4850 and subsequently amended by PD History / Background
813 and EO 927. Then came the LGC, which gave municipal Republic Act No. 4850 created the "Laguna Lake
governments the exclusive jurisdiction to issue fishing privileges Development Authority." (LLDA or Authority)
within their municipal waters (Secs. 149 and 447). Municipal o This Government Agency is supposed to carry out and
governments began to issue fishing permits haphazardly leading to effectuate the aforesaid declared policy, so as to
aggravated environmental problems. The LLDA stepped in and accelerate the development and balanced growth of the
notified the fishpen operators that their installations, if not Laguna Lake area and the surrounding provinces, cities
authorized by the LLDA, will be demolished. The operators went to and towns, in the act clearly named, within the context
the RTCs for several injunction suits, seeking to restrain LLDA, of the national and regional plans and policies for social
alleging that because of the LGC, it is the LGUs, not the LLDA who and economic development.
has authority to exercise jurisdiction over the Laguna Lake and its PD No. 813 amended certain sections of Republic Act No.
environs insofar as the issuance of permits for fishery privileges is 4850 because of the concern for the rapid expansion of
concerned. SC ruled that LGC did not repeal RA 4850, and thus it Metropolitan Manila, the suburbs and the lakeshore towns of
is the LLDA who has the authority to issue the permits. See also Laguna de Bay, combined with current and prospective uses of
concurring opinion. the lake for municipal-industrial water supply, irrigation,
DOCTRINE: fisheries, and the like. Section 1 of Republic Act No. 4850 (the
The provisions of Republic Act No. 7160 do not necessarily repeal declaration of policy) was amended (See Notes)
the aforementioned laws creating the Laguna Lake Development o Special powers of the Authority, pertinent to the issues
Authority and granting the latter water rights authority over in this case, Include those in the amended Section 4 of
Laguna de Bay and the lake region. RA 4850 (See Notes, pero advisable to read them after
There was no intent on the part of the legislature to repeal the entire digest so you know which words to skip :D)
Republic Act No. 4850 and its amendments. Executive Order No. 927 further defined and enlarged the
Considering the reasons behind the establishment of the Authority, functions and powers of the Authority and named and
which are environmental protection, navigational safety, and enumerated the towns, cities and provinces encompassed by
sustainable development, there is every indication that the the term "Laguna de Bay Region"
legislative intent is for the Authority to proceed with its mission. o Pertinent provisions of this EO include the provision for
The power of the local government units to issue fishing privileges the sharing of fees (See Notes)
was clearly granted for revenue purposes. This is evident from the Budding dispute
fact that Section 149 of the LGC empowering local governments to Then came Republic Act No. 7160, the Local Government
issue fishing permits is embodied in Chapter 2, Book II, of Code of 1991. The municipalities in the Laguna Lake Region
Republic Act No. 7160 under the heading, "Specific Provisions On interpreted the provisions of this law to mean that the newly
The Taxing And Other Revenue Raising Power Of Local passed law gave municipal governments the exclusive
Government Units." (DBG may take issue as to the lack of legal jurisdiction to issue fishing privileges within their
reasoning to this paragraph)
municipal waters. Their basis was RA 7160 Sections 149 and Fishpen owners filed several injunction cases before the RTCs
447: (7 in total)
o Sec. 149. Fishery Rentals, Fees and Charges. o LLDA filed Motions to Dismiss but were all denied.
(a) Municipalities shall have the exclusive Moreover, TROs were issued to LLDA to prevent
authority to grant fishery privileges in the it from the demoltions
municipal waters and impose rental fees or CA dismissed LLDAs petition for certiorari, ruling that
charges therefor in accordance with the o (A) LLDA is not among those quasi-judicial agencies of
provisions of this Section. government whose decision or order are appealable
(b) The Sangguniang Bayan may: only to the Court of Appeals;
(1) Grant fishing privileges to erect fish corrals, o (B) the LLDA charter does vest LLDA with quasi-judicial
oyster, mussel or other aquatic beds or bangus functions insofar as fishpens are concerned;
fry areas, within a definite zone of the municipal o (C) the provisions of the LLDA charter insofar as fishing
waters, as determined by it; x x privileges in Laguna de Bay are concerned had been
(2) Grant privilege to gather, take or catch repealed by the Local Government Code of 1991;
bangus fry, prawn fry or kawag-kawag or fry of o (D) in view of the aforesaid repeal, the power to grant
other species and fish from the municipal waters permits devolved to and is now vested with their
by nets, traps or other fishing gears to marginal respective local government units concerned.
fishermen free from any rental fee, charges or
any other imposition whatsoever. HELD TROs declared null and void. Section 149 of LGC has not
o Sec. 447. Power, Duties, Functions and Compensation. repealed the provisions of the charter of the Laguna Lake
(XI) Subject to the provisions of Book II of this Development Authority, RA4850, as amended. Thus, the LLDA has
Code, grant exclusive privileges of constructing the exclusive jurisdiction to issue permits for the enjoyment of
fish corrals or fishpens, or the taking or catching fishery privileges in Laguna de Bay to the exclusion of
of bangus fry, prawn fry or kawag-kawag or fry of municipalities situated therein and the authority to exercise such
any species or fish within the municipal waters. powers as are by its charter vested on it.
Municipal governments thereupon assumed the authority to
issue fishing privileges and fishpen permits. Which agency - LLDA or the LGUs comprising the region -
o Big fishpen operators took advantage of the occasion to should exercise jurisdiction over the Laguna Lake and its
establish fishpens and fishcages to the consternation of environs insofar as the issuance of permits for fishery
the Authority. thereby aggravating the current privileges is concerned? LLDA. LGC did not repeal LLDAs
environmental problems and ecological stress of Laguna authority to exercise jurisdiction over the Laguna Lake Area
Lake. (FOR LLDA) Section 4 (k) of the charter of the Laguna Lake
In response to this, the Laguna Lake Devt Authority (LLDA) Development Authority, Republic Act No. 4850, the provisions
served notice to the general public to the effect that: of Presidential Decree No. 813, and Section 2 of Executive
o All fishpens, fishcages and other aqua-culture structures Order No. 927 (See Background and Notes) specifically provide
in the Laguna de Bay Region, which were not registered that the LLDA shall have exclusive jurisdiction to issue
or to which no application for registration and/or permit permits for the use of all surface water for any projects
has been filed with Laguna Lake Development Authority or activities in or affecting the said region, including
as of March 31, 1993 are hereby declared outrightly as navigation, construction, and operation of fishpens, fish
illegal. enclosures, fish corrals and the like.
o Those illegal structures shall be subject to demolition (FOR LGUs) On the other hand, Republic Act No. 7160, the
o And the owners shall be criminally charged under RA Local Government Code of 1991, has granted to the
4850 Sec. 39A municipalities the exclusive authority to grant fishery
privileges in municipal waters. The Sangguniang Bayan may
grant fishery privileges to erect fish corrals, oyster, mussels or exhaustible natural resource a very limited one
other aquatic beds or bangus fry area within a definite zone of which requires judicious management and optimal
the municipal waters utilization
SC: We hold that the provisions of Republic Act No. 7160 Laguna de Bay therefore cannot be subjected to
do not necessarily repeal the aforementioned laws fragmented concepts of management policies
creating the Laguna Lake Development Authority and where lakeshore local government units exercise
granting the latter water rights authority over Laguna de exclusive dominion over specific portions of the
Bay and the lake region. lake water.
I. Statcon III. LGC provisions are tax/revenue measures only, while RA
SC used a couple rules of StatCon to justify that a repeal did 4850 is for regulatory purposes
not take place The power of the local government units to issue fishing
o There was no intent on the part of the legislature to privileges was clearly granted for revenue purposes.
repeal Republic Act No. 4850 and its amendments. o This is evident from the fact that Section 149 of the LGC
The repeal of laws should be made clear and empowering local governments to issue fishing permits
expressed. is embodied in Chapter 2, Book II, of Republic Act No.
o RA 4850 is a special law while LGC is a general law 7160 under the heading, "Specific Provisions On The
A special statute, provided for a particular case Taxing And Other Revenue Raising Power Of Local
or class of cases, is not repealed by a subsequent Government Units." (DBG may take issue as to the lack
statute, general in its terms, provisions and of legal reasoning to this paragraph)
application, unless the intent to repeal or alter is On the other hand, the power of the Authority to grant permits
manifest, although the terms of the general law for fishpens, fishcages and other aqua-culture structures is for
are broad enough to include the cases embraced the purpose of effectively regulating and monitoring activities
in the special law. in the Laguna de Bay region (Section 2, Executive Order No.
Where there is a conflict between a general law 927) and for lake quality control and management.
and a special statute, the special statute should o It does partake of the nature of police power which is
prevail since it evinces the legislative intent the most pervasive, the least limitable and the most
more clearly than the general statute. demanding of all State powers including the power of
II. Purpose of LLDA taxation.
Moreover, SC considered the reasons behind the establishment Accordingly, the charter of the Authority which embodies
of the LLDA a valid exercise of police power should prevail over the
o Considering the reasons behind the establishment Local Government Code of 1991 on matters affecting
of the Authority, which are environmental Laguna de Bay.
protection, navigational safety, and sustainable
development, there is every indication that the IV. Harmonizing the provisions (See concurring opinion for
legislative intent is for the Authority to proceed a more nuanced discussion)
with its mission. There should be no quarrel over permit fees for fishpens,
o Laguna de Bay, like any other single body of water has fishcages and other aqua-culture structures in the Laguna de
its own unique natural ecosystem transcending the Bay area. Section 3 of Executive Order No. 927 provides for
boundaries of Laguna and Rizal provinces, the greater the proper sharing of fees collected.
portion of Metro Manila, parts of Cavite, Batangas, and
Quezon provinces, constitute one integrated delicate W/N LLDA is a quasi-judicial agency? (this is an issue kasi they
natural ecosystem that needs to be protected with were arguing about the proper mode of appeal kasi diba Rule 43
uniform set of policies; if we are to be serious in our ang quasi judicial)
aims of attaining sustainable development. This is an
LLDA v. CA, 231 SCRA 304: LLDA, as a specialized (k), (l), (m), (n), (o), and (p) which shall read as follows:
administrative agency, is specifically mandated under Republic xxx xxx xxx
`(j) The provisions of existing laws to the contrary notwithstanding, to
Act No. 4850 and its amendatory laws to carry out and make
engage in fish production and other aqua-culture projects in Laguna
effective the declared national policy of promoting and de Bay and other bodies of water within its jurisdiction and in pursuance
accelerating the development and balanced growth of the thereof to conduct studies and make experiments, whenever necessary,
Laguna Lake area and the surrounding provinces with the collaboration and assistance of the Bureau of Fisheries and
There is no question that the Authority has express powers as a Aquatic Resources, with the end in view of improving present techniques
regulatory and quasi-judicial body in respect to pollution cases and practices. Provided, that until modified, altered or amended by the
with authority to issue a "cease and desist order" and on procedure provided in the following sub-paragraph, the present laws,
matters affecting the construction of illegal fishpens, fishcages rules and permits or authorizations remain in force;
(k) For the purpose of effectively regulating and monitoring activities in
and other aqua-culture structures in Laguna de Bay.
Laguna de Bay, the Authority shall have exclusive jurisdiction to issue
EXCEPTION: On actions necessitating the resolution of legal new permit for the use of the lake waters for any projects or
questions affecting the powers of the Authority as provided for activities in or affecting the said lake including navigation, construction,
in its charter, the Regional Trial Courts have jurisdiction and operation of fishpens, fish enclosures, fish corrals and the like, and to
impose necessary safeguards for lake quality control and management
Padilla, Concurring Opinion and to collect necessary fees for said activities and projects: Provided,
I would only like to stress what the decision already states, i.e., That the fees collected for fisheries may be shared between the Authority
and other government agencies and political sub-divisions in such
that the local government units in the Laguna Lake area are
proportion as may be determined by the President of the Philippines upon
not precluded from imposing permits on fishery operations for recommendation of the Authority's Board: Provided, further, That the
revenue raising purposes of such local government units. Authority's Board may determine new areas of fishery development or
In other words, while the exclusive jurisdiction to activities which it may place under the supervision of the Bureau of
determine whether or not projects or activities in the Fisheries and Aquatic Resources taking into account the overall
lake area should be allowed, as well as their regulation, development plans and programs for Laguna de Bay and related bodies of
is with the LLDA, once it grants a permit, the permittee water: Provided, finally, That the Authority shall subject to the approval of
may still be subjected to an additional local permit or the President of the Philippines promulgate such rules and
regulations which shall govern fisheries development activities in
license for revenue purposes of the LGUs concerned.
Laguna de Bay which shall take into consideration among others the
This approach would clearly harmonize the special law, Rep. following: socio-economic amelioration of bonafide resident fishermen
Act No. 4850, as amended, with Rep. Act No. 7160, the Local whether individually or collectively in the form of cooperatives, lakeshore
Government Code. town development, a master plan for fishpen construction and operation,
communal fishing ground for lake shore town residents, and preference to
NOTES lake shore town residents in hiring laborers for fishery projects;
Declaration of Policy; RA 4850 (l) To require the cities and municipalities embraced within the region to
"SECTION 1. Declaration of Policy. It is hereby declared to be the national pass appropriate zoning ordinances and other regulatory measures
policy to promote, and accelerate the development and balanced growth necessary to carry out the objectives of the Authority and enforce the
of the Laguna Lake area and the surrounding provinces, cities and towns same with the assistance of the Authority;
hereinafter referred to as the region, within the context of the national (m) The provisions of existing laws to the contrary notwithstanding, to
and regional plans and policies for social and economic development and exercise water rights over public waters within the Laguna de Bay
to carry out the development of the Laguna Lake region with due regard region whenever necessary to carry out the Authority's projects;
and adequate provisions for environmental management and control, (n) To act in coordination with existing governmental agencies in
preservation of the quality of human life and ecological systems, and the establishing water quality standards for industrial, agricultural and
prevention of undue ecological disturbances, deterioration and pollution. municipal waste discharges into the lake and to cooperate with said
existing agencies of the government of the Philippines in enforcing such
Powers of the LLDA; RA 4850 standards, or to separately pursue enforcement and penalty actions as
"SEC 3. Section 4 of the same Act is hereby further amended by provided for in Section 4 (d) and Section 39-A of this Act: Provided, That
adding thereto seven new paragraphs to be known as paragraphs (j), in case of conflict on the appropriate water quality standard to be
enforced such conflict shall be resolved thru the NEDA Board;'"
purposes including but not limited to fisheries, recreation, municipal,
Sharing of fees; EO 927 industrial, agricultural, navigation, irrigation, and waste disposal purpose;
"SEC 2. Water Rights Over Laguna de Bay and Other Bodies of Water Provided, that the rates of the fees to be collected, and the sharing with
within the Lake Region: To effectively regulate and monitor activities in other government agencies and political subdivisions, if necessary, shall
the Laguna de Bay region, the Authority shall have exclusive be subject to the approval of the President of the Philippines upon
jurisdiction to issue permit for the use of all surface water for any recommendation of the Authority's Board, except fishpen fee, which will
projects or activities in or affecting the said region including be shared in the following manner: 20 percent of the fee shall go to
navigation, construction, and operation of fishpens, fish the lakeshore local governments, 5 percent shall go to the Project
enclosures, fish corrals and the like. For the purpose of this Executive Development Fund which shall he administered by a Council and the
Order, the term `Laguna de Bay Region' shall refer to the Provinces of remaining 75 percent shall constitute the share of LLDA. However, after
Rizal and Laguna; the Cities of the implementation within the three-year period of the Laguna Lake
San Pablo, Pasay, Caloocan, Quezon, Manila and Tagaytay; the towns of Fishery Zoning and Management Plan, the sharing will be modified as
Tanauan, Sto. Tomas and Malvar in Batangas Province; the towns of follows: 35 percent of the fishpen fee goes to the lakeshore local
Silang and Carmona in Cavite Province; the town of Lucban in Quezon governments, 5 percent goes to the Project Development Fund and the
Province; and the towns of Marikina, Pasig, Taguig, Muntinlupa, and remaining 60 percent shall be retained by LLDA; Provided, however, that
Pateros in Metro Manila. the share of LLDA shall form part of its corporate funds and shall not be
remitted to the National Treasury as an exception to the provisions of
SEC. 3. Collection of Fees. The Authority is hereby empowered to collect Presidential Decree No. 1234."
fees for the use of the lake water and its tributaries for all beneficial