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LLDA v.

CA

The Laguna Lake Development Authority (LLDA) was created through RA No. 4850 in order to execute the policy
towards environmental protection and sustainable development so as to accelerate the development and balanced
growth of the Laguna Lake area and the surrounding provinces and towns.

Upon implementation of RA 7160 (Local Government Code of 1991), the municipalities assumed exclusive
jurisdiction & authority to issue fishing privileges within their municipal waters since Sec.149 thereof provides:
“Municipal corporations shall have the authority to grant fishery privileges in the municipal waters and impose
rental fees or charges therefore…” Big fishpen operators took advantage of the occasion to establish fishpens & fish
cages to the consternation of the LLDA.
The implementation of separate independent policies in fish cages & fish pen operation and the indiscriminate
grant of fishpen permits by the lakeshore municipalities have saturated the lake with fishpens, thereby aggravating
the current environmental problems and ecological stress of Laguna Lake.

The LLDA then served notice to the general public that:

(1) Fishpens, cages & other aqua-culture structures unregistered with the LLDA as of March 31, 1993 are declared
illegal;

(2) Those declared illegal shall be subject to demolition by the Presidential Task Force for Illegal Fishpen and
Illegal Fishing; and

(3) Owners of those declared illegal shall be criminally charged with violation of Sec.39-A of RA 4850 as amended
by PD 813.
A month later, the LLDA sent notices advising the owners of the illegally constructed fishpens, fishcages and other
aqua-culture structures advising them to dismantle their respective structures otherwise demolition shall be
effected.

Issue
Which agency of the Government — the Laguna Lake Development Authority or the towns and municipalities
comprising the region — should exercise jurisdiction over the Laguna Lake and its environs insofar as the issuance
of permits for fishery privileges is concerned?

Held

LLDA has jurisdiction over such matters because the charter of the LLDA prevails over the Local Government Code
of 1991.

The said charter constitutes a special law, while the latter is a general law.

The Local Government Code of 1991, has not repealed the provisions of the charter of the Laguna Lake
Development Authority, Republic Act No. 4850, as amended.

Thus, the Authority has the exclusive jurisdiction to issue permits for the enjoyment of fishery privileges in Laguna
de Bay to the exclusion of municipalities situated therein and the authority to exercise such powers as are by its
charter vested on it.

In addition, the charter of the LLDA embodies a valid exercise of police power for the purpose of protecting and
developing the Laguna Lake region, as opposed to the Local Government Code, which grants powers to
municipalities to issue fishing permits for revenue purposes.

Thus, it has to be concluded that the charter of the LLDA should prevail over the Local Government Code of 1991
on matters affecting Laguna de Bay.