Laguna Lake Development Authority v.

Court of Appeals and Others

G.R. Nos. 120865-71   December 7, 1995
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. 

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The Local Government Code of 1991, has not repealed the provisions of the charter of the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.