Title : LAGUNA LAKE DEVELOPMENT AUTHORITY vs COURT OF APPEALS, HON.

MANUEL JN. SERAPIO, Presiding Judge RTC, Branch 127, Caloocan City, HON.
MACARIO A. ASISTIO, JR., City Mayor of Caloocan and/or THE CITY
GOVERNMENT OF CALOOCAN,
Citation : G.R. No. 110120 March 16, 1994
Ponente : ROMERO, J.:

Facts :
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.
PD No. 813 amended certain sections of RA 4850 since water quality studies have shown that
the lake will deteriorate further if steps are not taken to check the same.
EO 927 further defined and enlarged the functions and powers of the LLDA and enumerated the
towns, cities and provinces encompassed by the term Laguna de Bay Region.
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.

Issues:
1. Whether or not an agency of the government - LLDA 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?
2. Whether or not LLDA is a quasi-judicial agency

Held:

1. Sec.4(k) of the charter of the LLDA, RA 4850, the provisions of PD 813,and Sec.2 of EO No.927,
specifically provide that the LLDA shall have exclusive jurisdiction to issue permits for the use of all
surface water for any projects or activities in or affecting the said region. On the other hand, RA 7160
has granted to the municipalities the exclusive authority to grant fishery privileges on municipal waters.
The provisions of RA 7160 do not necessarily repeal the laws creating the LLDA and granting the latter
water rights authority over Laguna de Bay and the lake region.
Where there is a conflict between a general law and a special statute, latter should prevail since
it evinces the legislative intent more clearly than the general statute. The special law is to be taken as an
exception to the general law in the absence of special circumstances forcing a contrary conclusion.
Implied repeals are not favored and, as much as possible, effect must be given to all enactments of the
legislature. A special law cannot be repealed, amended or altered by a subsequent general law by mere
implication.
The power of LGUs to issue fishing privileges was granted for revenue purposes. On the other
hand, the power of the LLDA to grant permits for fishpens, fish cages, and other aqua-culture structures
is for the purpose of effectively regulating & monitoring activities in the Laguna de Bay region and for
lake control and management. It partakes of the nature of police power which is the most pervasive,
least limitable and most demanding of all state powers including the power of taxation. Accordingly, the
charter of the LLDA which embodies a valid exercise of police power should prevail over the LGC of 1991
on matters affecting Laguna de Bay.



2. The LLDA has express powers as a regulatory and quasi-judicial body in respect to pollution
cases with authority to issue a cease and desist order and on matters affecting the construction of
illegal fishpens, fish cages and other aqua-culture structures in Laguna de Bay.
Sec.149 of RA 7160 has not repealed the provisions of the charter of the LLDA, RA 4850, as
amended. Thus, the LLDA has the exclusive jurisdiction to issue permits for 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.