CASE TITLE

G.R. No. __________________

Date: _________________

I. Ticker (Indicate the keyword/s that would help us remember/ recall the case
more easily.)

II. Doctrine
Article 2 Section 16 Ecology

III. Facts

 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

 On September 25, 1992, the Executive Judge of the Regional Trial Court of
Caloocan City issued a temporary restraining order enjoining the LLDA from
enforcing its cease and desist order.
  On April 30, 1993, the Court of Appeals promulgated its decision holding that:
(1) the Regional Trial Court has no jurisdiction on appeal to try, hear and
decide the action for annulment of LLDA's cease and desist order, including
the issuance of a temporary restraining order and preliminary injunction in
relation thereto, since appeal therefrom is within the exclusive and appellate
jurisdiction of the Court of Appeals under Section 9, par. (3), of Batas
Pambansa Blg. 129; and (2) the Laguna Lake Development Authority has no
power and authority to issue a cease and desist order under its enabling law,
Republic Act No. 4850, as amended by P.D. No. 813 and Executive Order No.
927, series of 1983

IV. Issues

W/N the Laguna Lake Development Authority — should exercise jurisdiction

over the Laguna Lake and its environs insofar as the issuance of permits for
fishery privileges is concerned. YES

V. Decision / Ruling

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 immediate response to the demands of "the necessities of protecting vital

public interests" gives vitality to the statement on ecology embodied in the
Declaration of Principles and State Policies or the 1987 Constitution. Article
II, Section 16 which provides:

The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.

As a constitutionally guaranteed right of every person, it carries the

correlative duty of non-impairment. This is but in consonance with the
declared policy of the state "to protect and promote the right to health of
the people and instill health consciousness among them." 28It is to be
borne in mind that the Philippines is party to the Universal Declaration of
Human Rights and the Alma Conference Declaration of 1978 which recognize
health as a fundamental human right. 29chanrobles virtual law library

The issuance, therefore, of the cease and desist order by the LLDA, as a
practical matter of procedure under the circumstances of the case, is a proper
exercise of its power and authority under its charter and its amendatory laws.
Had the cease and desist order issued by the LLDA been complied with by the
City Government of Caloocan as it did in the first instance, no further legal
steps would have been necessary 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.

WHEREFORE, the petition is GRANTED. The temporary restraining order

issued by the Court on July 19, 1993 enjoining the City Mayor of Caloocan
and/or the City Government of Caloocan from dumping their garbage at the
Tala Estate, Barangay Camarin, Caloocan City is hereby made permanent.