Laguna Lake Development Authority

Board Resolution No. 313, Series of 2007

GUIDELINES FOR THE IMPLEMENTATION OF STAGGERED PAYMENT OF SHORELAND PENALTIES

WHEREAS, it is a declared policy of the Laguna Lake Development Authority (LLDA) to carry out the development of the Laguna Lake Region with due regard and adequate provisions for environmental management and control, preservation of the quality of human life and ecological system, and the preservation of undue ecological disturbances deterioration and pollution;

WHEREAS, the shoreland of Laguna de Bay Region serves as a buffer or protective zone of the Laguna Lake which is essential for the maintenance and preservation of the ecological balance as well as the sustainable development of the lake;

WHEREAS, Laguna Lake is defined under Section 41 (11) of Republic Act No. 4850 as amended, as the area covered by the lake water when it is at the average annual maximum lake level of elevation 12.50 meters as referred to a datum 10.00 meters below mean lover low water.  (M.L.L.W) Lands located at and below such elevation are public lands which for part of the bed of said lake;

WHEREAS, the LLDA as the over-all coordinator on any project activity within Laguna de Bay Region, passed Board Resolution No. 10, Series of 1995, dated 29 June 1995, which resolved to assert LLDA’s authority and exclusive jurisdiction in the Laguna de Bay Region and to disallow reclamation or any projects or activities in the lake that will contribute to the pollution of Laguna de Bay, bring about the ecological imbalance of the region or diminish the total surface area of the lake.

WHEREAS, it is also provided under Sec. 4 (k) of R.A. No. 4850 as amended that for the purpose of effectively regulating and monitoring activities in Laguna de Bay, the Authority shall have exclusive jurisdiction to issue new permit for the use of lake waters for any projects or activities in or affecting the said lake;

WHEREAS, in the interest of the service and due to financial constraints of the proponents but willingness to pay the assessed penalties staggered payment shall be applied;

NOW, THEREFORE, foregoing premises considered, BE IT RESOLVED AS IT IS HEREBY RESOLVED, to adopt the following guidelines in the implementation of staggered payment for shoreland penalties.

 I.  COVERAG E

These guidelines shall cover national government agencies including government owned and controlled corporations, local government unit whether provincial, municipal and barangay, owners of private land found below the 12.5 meter reglementary elevation and all entities who/which engage in illegal relamation/landfilling or illegal development activities of any portion of the Laguna de Bay shoreland.

II.  TERMS OF PAYMENT

Staggered payments shall be based on the following schemes; 

III.    REQUIREMENTS FOR PAYMENT OF STAGGERED BASIS

Staggered payments for penalties shall be accepted subject to the submission of proposal with schedule of payment, a duly notarized undertaking signed by the chief executive officer of the company, stating clearly the reason for the availment of staggered payment and a surely bond from any public or private surety company, commensurate to the amount of outstanding obligation.

IV.    AMENDMENTS

These implementing guidelines may be amended and/or modified from the time to time by the Authority as the need arises and with prior consultation with stakeholders.

V.     REPEALING CLAUSE

All Board Resolutions, Orders, Memorandum, Rules and Regulations or parts thereof in conflict with this resolution are hereby repealed, modified or amended accordingly.

VI.    EFFECTIVITY

These  implementing guidelines shall take effect fifteen (15) days after publication in a newspaper of general circulation.

APPROVED on Jan 11, 2007, Pasig City