CA Clears way for Laguna Lake fishpen demolition

Philippine Daily Inquirer

by Leila B. Salaverria

April 21, 2008

THE COURT OF APPEALS HAS ALLOWED allowed the Laguna Lake Development Authority (LLDA) to tear down illegal fishpens in the lake, as well as those owned by operators who have failed to pay rent.

The appellate court has lifted the preliminary injunction issued by a Manila Regional Trial Court while it tackles the plea of the Federation of Fishpens and Fishcages Operators Association of Laguna de Bay Inc. contesting the P6,000-per-hectare annual rent charged by the LLDA because no hearing was held and it was not approved by President Macapagal-Arroyo. 

The federation, which said it had spent about P750 million to build the fishpens, had also argued that the rent collection should be suspended while its members recover from the devastation wrought on their operations by super typhoons "Milenyo" and "Reming."

In a March 28 decision favoring the LLDA, the appellate court said the federation failed to show that it was entitled to the injunction and noted that its members had been paying earlier increases in rent even if these had no approval from the Chief Executive.

Executive order

The President's prior approval is not always needed in the first place, it added.  Executive Order No. 927, which further defines the LLDA's powers and functions, allows it to collect fees for the use of lake waters and its beneficiaries, it said.

The ruling was penned by Justice Magdangal de Leon.

It pointed out that under the EO, the increase will only be subjected to the President's go signal if it is necessary, and upon the recommendation of the LLDA board.

The appellate court said the rent increase from P5,000 per hectare in 1996 to P6,000 in 2002 was legally justified under another executive order that authorized government agencies to increase their fees by at least 20 percent.

Undoubtedly, the federation's prayer for injunction based on its unfounded imputation of LLDA having illegally increased said rental fees has no legal leg to stand on," it said.

"Consequently, there is nothing more to hinder LLDA from declaring illegal, and from demolishing, the fishpens/fishcages of the delinquent operators of Laguna de Bay," it later added.

It also ruled that there was no provision in the law requiring the LLDA to hold hearings before it could raise the rental fees, since the requirement was only for orders or decision to compel compliance with the provisions of EO 927.

Jurisdiction

Requiring the hearing for the rent increase would take away the LLDA's power to regulate operations in Laguna Lake and its exclusive jurisdiction to issue new permits for the use of the lake waters, as stated in the law that established the authority, it added.

"Besides, to further impose such a requirement will render nugatory the LLDA's exclusive jurisdiction and authority earlier described in [the LLDA Act of 1996], as amended, as well as its power of effective regulation and monitoring activities in the Laguna de Bay Region," it said.

The appellate court also failed to be persuaded by the federation's argument that they needed to recover from the destruction of their properties as a result of two strong typhoons.

"Much as we would like to commiserate with their plight, courts cannot simply act out of pure compassion without the right to demand relief having been duly established.  After all, such remains an allegation devoid of conclusive proof," it said.

The federation went to the Manila RTC in 2007 to stop the LLDA from imposing the increase in annual rental fees.