Laguna Lake Development Authority

MARIA JOFEL V MONTE, LL.B.

LLDA-Legal and Adjudication Division
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Laguna Lake Development Authority

Mandates
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Laguna Lake Development Authority

To pass upon and approve or disapprove all plans, programs, and

projects proposed by local government offices/agencies within
the region, public corporations, and private persons or
enterprises where such plans, programs and/or projects are
related to those of the Authority for the development of the region
x x x.

The Authority shall issue the necessary clearance for approved

proposed plans, programs, and projects within thirty days from
submission thereof or reject the proposal if:

❑ contribute to the unmanageable pollution of the

Laguna Lake waters or
❑ bring about the ecological imbalance of the
region

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Laguna Lake Development Authority

“Water Rights” - exclusive jurisdiction to issue new permit for the

use of the lake waters for any projects or activities in or affecting
the said lake including:

❑navigation,
❑construction, and operation of fishpens, fish enclosures, fish
corrals and the like, and
❑to impose necessary safeguards for lake quality control and
management and
❑to collect necessary fees for said activities and projects:

Provided, That the fees collected for fisheries may be shared between
the Authority and other government agencies and political sub-divisions
in such proportion as may be determined by the President of the
Philippine upon recommendation of the Authority's Board.

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Laguna Lake Development Authority

❑To require the cities and municipalities embraced within the

region to pass appropriate zoning ordinances and other
regulatory measures necessary to carry out the objectives of the
Authority and enforce the same with the assistance of the
Authority.

❑To reclaim or cause to the reclaimed portions of the Lake or

undertake reclamation projects and/or acquire such bodies of
land from the lake which may be necessary to accomplish the
aims and purposes of the Authority subject to the approval of the
NEDA Board: Provided, That the land so reclaimed shall be the
property of the Authority and title thereto shall be vested in the
Authority: Provided, further, That the resulting lake shore shall
continue to be owned by the national government.

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Laguna Lake Development Authority

Authorize its representative to enter at all

reasonable times any property of the public
dominion and private property devoted to
industrial, manufacturing, processing or
commercial use without doing damage, for
the purpose of inspecting and investigating
conditions relating to pollution or possible
or imminent pollutions.

R.A. No. 4850, as amended by E.O. No. 927

R.A. No. 9275, The Philippine Clean Water Act of 2004
LLDA Memorandum Circular No. 2015-01 dated 05 January 2015 6
Laguna Lake Development Authority

Wastewater Collection and Analysis

a.) Issue standards, rules and regulations to govern the
approval of plans and specifications for sewage works
and industrial waste disposal system and the issuance
of permits x x x
inspect the construction and maintenance of sewage
works and industrial waste disposal systems for
compliance to plans.

b) Adopt, prescribe, and promulgate rules and

regulations governing the Procedures of the Authority
with respect to hearings, plans, specifications,
designs, and other data for sewage works and
industrial waste disposal system, the filing of reports,
the issuance of permits, and other rules and
regulations for the proper implementation and
enforcement of this Executive Order.

Section 4 of R.A. No. 4850, as amended by

PD No. 813 and E.O. No. 927
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Laguna Lake Development Authority

Issuance of Permits
a.) Issue, renew or deny permits, under such conditions as it may
determine to be reasonable, for the prevention and abatement of
pollution for the discharge of sewage, industrial waste, or for the
installation or operation of sewage works and industrial disposal system
or parts thereof:

x x x Authority, by rules and regulations, may require subdivisions,

condominiums, hospitals, public buildings and other similar human
settlements to put up appropriate central sewerage system and
sewage treatment works, except that no permits shall be required of
any new sewage works or changes to or extensions of existing works
that discharge only domestic or sanitary wastes from a single
residential building provided with septic tanks or their equivalent.

(Board Resolution No. 408, Series of 2011)

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Laguna Lake Development Authority

Quasi-Judicial/ Adjudication Process

b.) Adopt, prescribe, and promulgate rules and regulations
governing the Procedures of the Authority with respect to hearings,
x x x and other rules and regulations for the proper implementation
and enforcement of this Executive Order.
c.) Issue orders or decisions to compel compliance with the
provisions of this Executive Order and its implementing rules and
regulations only after proper notice and hearing.

d.) x x x the Authority is hereby empowered to institute necessary

legal proceeding against any person who shall commence to
implement or continue implementation of any project, plan or
program within the Laguna de Bay Region without previous
clearance from the Authority x x x

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Laguna Lake Development Authority

Alternative Dispute Resolution (ADR)

Chief Mediator

Mediator Mediator

❑R.A. No. 9285 “Alternative Dispute Resolution Act of 2004”

❑DENR Administrative Order No. 2005-18, Series of 2005 “Adoption of ADR principles in
procedures for resolving environment and natural resources conflicts”
❑Board Resolution No. 324, Series of 2007, “Adopting ADR in the Resolution of Conflicts
in the Laguna de Bay Region”
❑Memorandum Order No. 2014-07, “Guidelines for the conduct of ADR” 10
Laguna Lake Development Authority

Alternative Dispute Resolution (ADR) PROCESS

Endorsement of
To ERD for processing
Notice of Violation
of Clearance/ Permit
from ERD-ED

NO Certificate of
Determination of
back to Compliance
CSW
ERD

Verification if with Refer to Monitoring

YES NO observance of
pending case PHC
commitments

Docketing / Conduct of Signing of

Preparation of case Technical Commitment
folder Conference Sheet
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Laguna Lake Development Authority

governs the administrative proceedings and

resolution of cases:
❑Water Pollution cases
❑ Aquaculture/ Fisheries cases
❑ Shoreland utilization and occupancy
❑Other administrative matters affecting
implementation of RA 4850, as amended.

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Laguna Lake Development Authority

Chairperson

Member Member
Composition:
1. Representative from the OGM
2. Legal Division
3. Other concerned division
➢Pollution Control Division (PCD) – pollution cases
➢Lake Management Division (LMD) – fishpen/fishcage cases
➢Special Concerns Division (SCD) – shoreland use/ occupancy cases

Now, pursuant to LLDA B.R. No. 550, Series of 2018 and LLDA M.O. No. 2020-30
➢Legal and Adjudication Division - LAD
➢Administrative Divisions - AD
➢Project Development Management and Evaluation Division- PDMED

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Laguna Lake Development Authority

Notice of Violation Endorsement back to ERD

from ERD-ED from ADR to process
release of LC/DP Endorsement to
(water pollution)
OGCC/ OSG

NO
Determination of back to
Issuance of Decision Referral for
CSW ERD
(final case disposition Legal Action
PHC level)

Case Raffle
With NO
Compliance Compliance

Docketing /
Preparation of case Conduct of
Issuance of Orders/
folder Public Hearing Resolutions
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Laguna Lake Development Authority

Procedures
❑ Administrativein nature
❑Technical rules of procedure in regular
courts not necessarily applicable
❑ Must be practicable
❑ New procedural methodologies may
be applied provided requirements of
administrative due process are met
❑ Substantial evidence is the quantum of
evidence required
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Laguna Lake Development Authority

Violations
❑ Refusal of entry

❑ Violation of RA 4850, as amended

(operating without LLDA Clearance and
Discharge Permit – industries/ fisheries/
shoreland)

❑ Violation of the terms and conditions of the LC/

DP

❑ Water Pollution

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Laguna Lake Development Authority

Fines/Penalties
Type of Violation Administrative Fines

Operating w/o LC and DP Php 5,000.00/ year each

Refusal of Entry Php 25,000.00/ refusal of entry

Water Pollution Php21,500.00/day

r Php10,000 or Php11,000.00/day,
subject to 10% increase every 2
years
Reckoning Period
w/o LC and DP – reckoned from date of receipt of NOV
Water Pollution – reckoned from the date of sampling up to date of
conformity with effluent standards
Board Resolution 408, Series of 2011
Board Resolution 33, Series of 1996; Memorandum Circular No. 2015-01
dated 05 January 2015
Board Resolution No. 404, Series of 2011 as amended by BR No. 2023-64317
Laguna Lake Development Authority

Commencement of Actions/ Cases

Motu proprio by the Authority
instituted upon the completion of the concerned
division’s investigation and concurred by the PHC
By complaint filed by
any individual, person or group of persons –
instituted upon the filing of a properly verified written
complaint before the Authority

DENR or other government agencies - instituted upon

endorsement of the complaint to the GM w/ attached
investigation reports and concurred by the PHC.

Complaints
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Laguna Lake Development Authority

Notice of Violation Ex Parte Order Cease and Desist Order

(NOV) (EPO) (CDO)

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Laguna Lake Development Authority

Notice of Violation
VIOLATION OF R.A. NO. 4850, as amended
(operating without LC and DP)
•issued requiring respondent to comply
with documentary requirements of LC/ DP
(60 days from receipt)

ADR – 30 - 90 days (LC)

30 -120 days (DP)

WATER POLLUTION
• institution of corrective measures to abate or control water pollution
•(within 15 days from receipt of the NOV)

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Laguna Lake Development Authority

Ex-Parte Orders
WATER POLLUTION
- issued requiring respondent to
show cause why no CDO will
be issued for discharging effluent
NOT conforming to the Standards
within 15 days from receipt
REFUSAL OF ENTRY
- unjustly refusing to allow an inspection in case of
Refusal of Entry to bona fide LLDA inspectors
OPERATING WITHOUT LC/ DP
- failure to comply with the Notice of Violation or
orders after public hearing

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Laguna Lake Development Authority

Cease and Desist Order

❑ Prohibits the discharge of pollutive effluent
❑ closure of sources only

Ex-Parte Cease and Desist Order

Requirements for issuance of EX-PARTE CDO
Legal Effects:

❑ Prima facie finding that the discharged wastes

are of immediate threat to life, public health,
safety or welfare to animals or plants OR

❑ Discharge wastes exceeds the allowable

standards set by the Authority.

❑ Directs the discontinuance of the waste discharge

❑ Temporary suspension or cessation of the establishment generating such

emission or wastes without the necessity of a prior public hearing

❑ Immediately executory and shall remain in force until abatement of the

pollution OR until a Temporary Lifting Order is issued.
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Laguna Lake Development Authority

Motion for extension of time to file pleadings/

Postponements
- Limited to two (2) times not to exceed 60
calendar days from receipt of the complaint.

Motion for Reconsideration

- Filed within 15 days from receipt of the order
/decision /resolution stating the grounds therefore.
- Only one MR shall be allowed, subsequent
documents shall be considered as supplements.

Remedies

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Laguna Lake Development Authority

Finality of Decision
Any order, resolution or decision of the PHC becomes
final and executory after fifteen (15) days from receipt
thereof, UNLESS a Motion for Reconsideration is filed
or an Appeal is perfected within the said period.

Appeal
Within fifteen (15) days from receipt of Order /Decision,
notice of appeal may be filed with the DENR or directly
to the OP provided that no simultaneous appeals shall
be allowed.

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Laguna Lake Development Authority

Any person, natural or juridical, who shall violate any of the provisions of
this Act or any rules or regulation promulgated by the Authority pursuant
thereto shall be liable to imprisonment of not exceeding three years or to a fine
not exceeding Five Thousand Pesos or both at the discretion of the Court.

If the violator be a corporation, partnership or association, the officer or

officers of the organization concerned shall be liable therefor.

The authority is hereby authorized to pursue separate civil actions for

damages resulting from infractions of the provisions of this Act, rules or
regulations issued pursuant thereto and/or conditions embodied in the
clearances or permits issued by the Authority.

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Laguna Lake Development Authority

Operating
without LLDA
Apply
Clearance/
Discharge Permit
Yes

Explain within
Refusal of Entry 15 days

No

Pass the Standards

Water Pollution and
Pay the Penalty

Summary
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Laguna Lake Development Authority

Supreme Court
❑ LLDA vs. CA, et. als. (16 Mar 94) Caloocan Case
❑ LLDA vs. CA, et. als. (18 Dec 95)Binangonan Case
❑ Portland Concrete Phils. Inc. vs. LLDA, (07 Dec 98)
❑ Alexandra Condominium vs. LLDA GR No. 169228 (11 Sept. 2009)
❑ Pacific Steam Laundry vs. LLDA GR No. 165299 (18 December 2009)
❑ LLDA vs. SM Primeholdings GR No. 170599 (22 Sept. 2010)
❑ Sterling Selections Corp.vs. LLDA GR No. 171427 (30 March 2011)

Court of Appeals
❑ Portland Concrete case (06 Nov 97)
❑ Star Motors case (27 Oct 99)

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Laguna Lake Development Authority

Environment is no one’s property to destroy;

it’s everyone’s responsibility to protect.
– Mohith Agadi

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Laguna Lake Development Authority

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