MODULE 4 – PART II

The Laguna Lake

Development Authority
 LLDA:
Jurisdiction
 In terms of territorial application, PAB’s
Jurisdiction is of general application in the
Republic of the Philippines.
However, this is subject to special laws
granting special jurisdiction in limited areas.
 Specifically, within the Laguna Lake area,
pollution incidents are cognizable by the
Laguna Lake Development Authority (LLDA).
 Thus, insofar as the Laguna Lake area
is concerned, PAB has no jurisdiction even
if the incident involves pollution.
 As a general rule, the adjudication of
pollution cases generally pertains to the
Pollution Adjudication Board (PAB), except in
cases where the special law provides for
another forum.

(Laguna Lake Development Authority v. Court of Appeals, G.R. No.

110120, 16 March 1994)
 It must be recognized in this regard that the
LLDA, as a specialized administrative agency, is
specifically mandated under Republic Act No.
4850 and its amendatory laws to carry out and
make effective the declared national
policy of promoting and accelerating the
development and balanced growth of the Laguna
Lake area […]

(Laguna Lake Development Authority v. Court of Appeals, G.R. No.

110120, 16 March 1994)
 Under such a broad grant of power and
authority, the LLDA, by virtue of its special charter,
obviously has the responsibility to protect the
inhabitants of the Laguna Lake region from the
deleterious effects of pollutants emanating from the
discharge of wastes from the surrounding areas.

(Laguna Lake Development Authority v. Court of Appeals, G.R. No.

110120, 16 March 1994)
 True, in Laguna Lake Development Authority vs.
Court of Appeals, this Court held that adjudication of
pollution cases generally pertains to the Pollution
Adjudication Board (PAB) except where the special law
provides for another forum. However, contrary to the ruling
of the Court of Appeals, RA 7942 does not provide for
another forum inasmuch as RA 7942 does not vest quasi-
judicial powers in the Mines Regional Director. The
authority is vested and remains with the PAB.

(Republic v. Marcopper Mining Corp., G.R. No, 137174, 10 July 2000)

 As a general rule, the adjudication of
pollution cases generally pertains to the
Pollution Adjudication Board (PAB), except in
cases where the special law provides for
another forum.

(Laguna Lake Development Authority v. Court of Appeals, G.R. No.

110120, 16 March 1994)
 True, in Laguna Lake Development Authority vs.
Court of Appeals, this Court held that adjudication of
pollution cases generally pertains to the Pollution
Adjudication Board (PAB) except where the special law
provides for another forum. However, contrary to the ruling
of the Court of Appeals, RA 7942 does not provide for
another forum inasmuch as RA 7942 does not vest quasi-
judicial powers in the Mines Regional Director. The
authority is vested and remains with the PAB.

(Republic v. Marcopper Mining Corp., G.R. No, 137174, 10 July 2000)

 LLDA:
Powers and Functions
 The LLDA is granted several special powers
under Section 4 of its Charter, Republic Act No.
4850 (1966). The same was expanded by
Executive Order No. 927, s. 1983.
 Case Study:
Pacific Steam Laundry, Inc. v. LLDA,
G.R. No. 165299, 18 December 2009
Does the LLDA have the power to
impose fines?
 Under Section 4(h) of EO 927, LLDA may "exercise such
powers and perform such other functions as may be necessary to
carry out its duties and responsibilities." In Laguna Lake
Development Authority v. Court of Appeals, the Court upheld the
power of LLDA to issue an ex-parte cease and desist order even if
such power is not expressly conferred by law, holding that an
administrative agency has also such powers as are necessarily
implied in the exercise of its express powers.

(Pacific Steam Laundry, Inc. v. Laguna Lake Development Authority,

G.R. No. 165299, 18 December 2009)
 The Court ruled that LLDA, in the exercise of its express
powers under its charter, as a regulatory and quasi-judicial body
with respect to pollution cases in the Laguna Lake region, has the
implied authority to issue a "cease and desist order." In the same
manner, we hold that the LLDA has the power to impose fines in
the exercise of its function as a regulatory and quasi-judicial body
with respect to pollution cases in the Laguna Lake region.

(Pacific Steam Laundry, Inc. v. Laguna Lake Development Authority,

G.R. No. 165299, 18 December 2009)
 SECTION 1. Appeals — Any party not satisfied with the
decision or order of the Authority may, within fifteen (15) days from
receipt thereof, file a notice of appeal stating thereof that it is
appealing the case to the Office of the Secretary, Department of
Environment and Natural Resources (OSEC-DENR) or directly to
the Office of the President (OP), provided that, no simultaneous
appeals shall be allowed. The decision or order of the Authority
shall immediately be executory notwithstanding the appeal unless
an order from the OSEC-DENR or OP is issued enjoining the
implementation and the enforcement of the decision.
(Revised Rules, Regulations and Procedures Implementing R.A. No. 4850,
LLDA Resolution No. 192-04, [February 26, 2004])
 SECTION 1. Appeals — Any party not satisfied with the
decision or order of the Authority may, within fifteen (15) days from
receipt thereof, file a notice of appeal stating thereof that it is
appealing the case to the Office of the Secretary, Department of
Environment and Natural Resources (OSEC-DENR) or directly to
the Office of the President (OP), provided that, no simultaneous
appeals shall be allowed. The decision or order of the Authority
shall immediately be executory notwithstanding the appeal unless
an order from the OSEC-DENR or OP is issued enjoining the
implementation and the enforcement of the decision.
(Revised Rules, Regulations and Procedures Implementing R.A. No. 4850,
LLDA Resolution No. 192-04, [February 26, 2004])
 SECTION 1. Appeals — Any party not satisfied with the
decision or order of the Authority may, within fifteen (15) days from
receipt thereof, file a notice of appeal stating thereof that it is
appealing the case to the Office of the Secretary, Department of
Environment and Natural Resources (OSEC-DENR) or directly to
the Office of the President (OP), provided that, no simultaneous
appeals shall be allowed. The decision or order of the Authority
shall immediately be executory notwithstanding the appeal unless
an order from the OSEC-DENR or OP is issued enjoining the
implementation and the enforcement of the decision.
(Revised Rules, Regulations and Procedures Implementing R.A. No. 4850,
LLDA Resolution No. 192-04, [February 26, 2004])
 SECTION 1. Appeals — Any party not satisfied with the
decision or order of the Authority may, within fifteen (15) days from
receipt thereof, file a notice of appeal stating thereof that it is
appealing the case to the Office of the Secretary, Department of
Environment and Natural Resources (OSEC-DENR) or directly to
the Office of the President (OP), provided that, no simultaneous
appeals shall be allowed. The decision or order of the Authority
shall immediately be executory notwithstanding the appeal unless
an order from the OSEC-DENR or OP is issued enjoining the
implementation and the enforcement of the decision.
(Revised Rules, Regulations and Procedures Implementing R.A. No. 4850,
LLDA Resolution No. 192-04, [February 26, 2004])
 SECTION 1. Appeals — Any party not satisfied with the
decision or order of the Authority may, within fifteen (15) days from
receipt thereof, file a notice of appeal stating thereof that it is
appealing the case to the Office of the Secretary, Department of
Environment and Natural Resources (OSEC-DENR) or directly to
the Office of the President (OP), provided that, no simultaneous
appeals shall be allowed. The decision or order of the Authority
shall immediately be executory notwithstanding the appeal unless
an order from the OSEC-DENR or OP is issued enjoining the
implementation and the enforcement of the decision.
(Revised Rules, Regulations and Procedures Implementing R.A. No. 4850,
LLDA Resolution No. 192-04, [February 26, 2004])
 SECTION 1. Appeals — Any party not satisfied with the
decision or order of the Authority may, within fifteen (15) days from
receipt thereof, file a notice of appeal stating thereof that it is
appealing the case to the Office of the Secretary, Department of
Environment and Natural Resources (OSEC-DENR) or directly to
the Office of the President (OP), provided that, no simultaneous
appeals shall be allowed. The decision or order of the Authority
shall immediately be executory notwithstanding the appeal unless
an order from the OSEC-DENR or OP is issued enjoining the
implementation and the enforcement of the decision.
(Revised Rules, Regulations and Procedures Implementing R.A. No. 4850,
LLDA Resolution No. 192-04, [February 26, 2004])
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