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All Jurisprudence based

0 tracked cards Political and Public International Law

In a coastal city, the mayor grants a 25-year exclusive concession to WaveCrest Holdings to develop, operate, and exclusively manage a publicly accessible estuary and adjacent mangrove area along the city coast, including the right to collect entrance fees and regulate access by local residents and fishers while excluding non-residents. The concession was awarded after closed-door negotiations with no competitive bidding or public consultation. The estuary and mangrove area have long supported livelihoods and cultural practices of nearby communities. RA 11659 (New Public Service Act) has been enacted to strengthen public service as a public trust and to enhance accountability for public officers. (a) Identify the Public Trust Doctrine and its controlling rule. (b) Apply the doctrine to the facts: does the mayor’s concession violate the public trust? Why or why not? (c) If a violation is found, what remedies are available, and how does RA 11659 influence accountability for the public officer involved?

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RA 11659 applies only to national government agencies and not local government units; therefore the mayor’s act cannot be attacked under RA 11659; no accountability would attach. Public Trust Doctrine applies only to lands and waters already declared as public domain; estuaries and mangroves are not covered unless expressly declared; thus a private concession of the estuary may be permissible if it serves a legitimate public purpose and follows due process. Public Trust Doctrine applies automatically to any private concession of a public estuary regardless of duration or bidding; RA 11659 automatically voids such contracts. Public Trust Doctrine requires that public waters and their ecosystems be held in trust by the State for the people; exclusive long-term concessions without bidding or public consultation violate the trust; RA 11659 strengthens accountability by making public officers personally liable for grave abuse of public trust, with remedies including rescission of the concession, reversion of the resource to the State, civil damages, and administrative sanctions.

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