Amending Certain Sections Of Republic Act Numbered Forty Eight Hundred Fifty, Otherwise Known As The "Laguna Lake Development Authority Act Of 1966"

Case Overview and Summary

Summary of Presidential Decree No. 813

Declaration of Policy (Section 1):
- Promote development and balanced growth of the Laguna Lake area and surrounding regions.
- Carry out development with due regard for environmental management, quality of life, and prevention of ecological disturbances.

Special Powers and Functions of the Authority (Section 4):
- Conduct surveys, draft plans, and implement projects for resource conservation and utilization in the region. (Section 4a)
- Approve or disapprove plans, programs, and projects within the region related to the Authority's development plans. (Section 4d)
- Plan, finance, and undertake infrastructure projects like flood control, sewerage, water supply, roads, irrigation, and housing. (Section 4f)
- Reclaim portions of the lake or acquire land for the Authority's purposes, subject to NEDA approval. (Section 4i)
- Engage in fish production and aquaculture projects in Laguna de Bay. (Section 4j)
- Issue new permits for use of lake waters, impose safeguards, and collect fees. (Section 4k)
- Require cities and municipalities to pass zoning ordinances and regulatory measures. (Section 4l)
- Exercise water rights over public waters within the region. (Section 4m)
- Establish water quality standards and enforce them, or pursue enforcement and penalty actions. (Section 4n)
- Develop water supply from ground and lake water resources for municipal, agricultural, and industrial use. (Section 4o)
- Undertake studies and prepare a water quality management program for Laguna de Bay. (Section 4p)

Compensation for Damages and Fees (Sections 4-A and 4-B):
- Compensation for damages to water and aquatic resources shall be awarded to the Authority for water quality control and management. (Section 4-A)
- The Authority can collect annual fees for use of lake waters and tributaries, with rates subject to Presidential approval. (Section 4-B)

Capitalization and Financing (Sections 6, 8, and 9):
- Authorized capital of 100 million pesos, with 51 million subscribed by the national government and 49 million by others. (Section 6)
- 1 million pesos appropriated annually for 5 years from the national government for operating expenses. (Section 8)
- The Authority can incur debt or issue bonds with approval from NEDA, Monetary Board, and the President. (Section 9)

Board of Directors and Management (Sections 16, 21, 24, 25, 25-A, and 26):
- Board composed of 8 members, including government officials and private sector representatives. (Section 16)
- Board members must be citizens, residents, and demonstrate competence and integrity. (Section 21)
- Board meetings held at least once a month. (Section 24)
- Board members receive per diems and allowances, with limits specified. (Section 25)
- Powers and functions of the Board, including formulating rules, appointing officials, approving budgets, and other necessary acts. (Section 25-A)
- Powers and functions of the General Manager, including executing policies, directing operations, appointing staff, and submitting reports. (Section 26)

Penal and Civil Liability (Section 39-A):
- Violators of the Act or regulations are liable to imprisonment up to 3 years, fine up to 5,000 pesos, or both. (Section 39-A)
- The Authority can pursue separate civil actions for damages resulting from infractions. (Section 39-A)

Definition of Laguna Lake (Section 41):
- Laguna Lake or lake refers to Laguna de Bay, covering the area at an average annual maximum lake level of elevation 12.50 meters. (Section 41)
- Lands at or below this elevation are public lands forming part of the lake bed. (Section 41)