Laguna Lake Development Authority

Board Resolution No. 265, Series of 2006

AUTHORIZING   THE CONDONATION/WRITING OFF THE PENALTIES AND INTERESTS INCURRED BY OPERATORS/PERMITEES OF FISHPENS AND FISHCAGES WITHIN THE LAGUNA DE BAY AND SEVEN CRATER LAKES AND FOR OTHER PURPOSES

           WHEREAS, the Authority, pursuant to its mandate under Republic Act No. 4850, as amended, has tasked its Lake Management Division and the Legal Division to implement the approved Zoning and Management Plans for Laguna de Bay and the Seven Crater Lakes of San Pablo City, Rizal and Nagcarlan, Province of Laguna, and monitor compliance by fishpen and fishcage operators within the lakewaters of their respective obligations pursuant to and under the permits to operate fishpens and fishcages issued to them by the Authority;

WHEREAS, monitoring and accounting records of this Authority show that majority these fishpen and fishcage operators are remiss in the payment of their respective fishpen and fishcage fees and were in arrears, thus, accumulating substantial amounts of penalties and interests. Hence, they are seeking reduction/reconsideration of the assessed fines and penalties primarily because of the prevailing economic condition and tight competition as well as due to the unpredictably unstable fishery productivity of the Laguna de Bay and the Seven Crater Lakes.

WHEREAS, the Authority, cognizant of its responsibility to enforce the rules and regulations to implement the Zoning, is also aware that this mandated task has to be carried out with socialized compassion taking into consideration the predicament of the fishpen and fishcage operators who are experiencing difficult times;

WHEREFORE, foregoing premises considered, BE IT RESOLVED as it is hereby RESOLVED, to declaire condonation and write off the penalties and interests imposed upon the due from these fishpen and fishcage operators within the waters of the Laguna de Bay and the Seven Craters Lakes, who are suffering from tight financial and economic conditions, subject to the terms and conditions herein provided;

1.          Coverage

1.1.    Fishpen and fishcage operators within the waters of Laguna de Bay and the Seven Crater Lakes, whose fishpen and fishcage structures, in its entirety, are registered and located within the fishpen belt and who are delinquent in the payment of their principal obligations arising from fishpen and fishcage permitting fees and their accessory obligations as penalties and interests thereto, or whose permitting fees were either initially, partially, or fully paid but the accrued interests and penalties thereto were not paid at all,  as of 31 December 2005

1.2.         However, the condonation program provided under this Board Resolution shall not apply to those illegal fishpen and/or fishcage operators.  For this purpose, illegal fishcage or fishpen operators, whether natural or juridical, are those operators whose fishpen and/or fishcage structures, in its entirety are located or constructed outside of the designated fishpen and fishcage belts under the approved ZOMAP of the Laguna de Bay and the Seven Crater Lakes of San Pablo.

           1.3.         This condonation program shall not likewise apply to fishpen and fishcage operators                      whose fishpen structures, irrespective of location, whether within or outside of the             ZOMAP,        remain unregistered at the time of the approval of this Resolution.

 2.          Terms and Conditions

             2.1.         The filing of application for condonation of penalties and interests is until 30 April 2006.

 2.2.         Payment of principal obligations in arrears (principal plus penalties and interest) may be partial or full.

 2.3.         The amount of penalties to be condoned or written off is proportionate to the amount of principal obligations in arrears paid. (For example, if all the principal obligations in arrears are paid in full, then, all corresponding penalties and interests accruing thereto are condoned or written off.  If only 50% of the principal obligations in arrears are paid, then only 50% of penalties and interests are condoned/written off). The balance of the principal obligation and the total amount of remaining penalties and interests due as of the date of availment and payment shall be restructured and shall be payable in two (2) years, either monthly or quarterly payments, with interest of twelve (12%) per annum and penalty charges of 5% per month in case of late payment.

 2.4           All payments whether full or initial, should be made in cash or in manager’s check or postal money order payable to the LLDA within a period of fifteen (15) days from the date of receipt of the notice of approval of the application. However, any periodic undertaking to payments should be covered by duly acceptable postdated checks.

2.5           Only application for condonation/writing off with complete documentary requirements shall be accepted;

3.          Misrepresentation in the Sworn Statement

Any misrepresentation in the Sworn Statement required under this Board Resolution shall be subject to the scales of fines/penalties presently prescribed, in addition to the criminal prosecution of the affiant.

 4.          Effect of Failure to Avail of this Board Resolution

Failure to avail of this condonation scheme shall subject to the delinquent fishpen and/or fishcage operators to the scales of fines and penalties prescribed under the existing laws, rules and regulations of this Authority, in addition to the ex-parte demolition of their fishpen/fishcage structures and the institution of criminal lawsuits against them, whenever applicable.

5.      The General Manager, this Authority, is hereby authorized to implement the provisions of this Board Resolution, to promulgate rules and regulations and clarificatory guidelines in pursuit thereof with authority to sign any/all documents necessary to achieve the objectives of the program and purpose/s upon which this Board Resolution has been approved and this Board hereby confirms and ratifies the same.

 6.      This Condonation/Writing off program shall take effect upon approval by Her Excellency, President Gloria Macapagal-Arroyo.

APPROVED on 27 February 2006:

ATTESTED BY:  

(SGD) ATTY. JOAQUIN G. MENDOZA

               Board Secretary V