Flashcards Studio

An LGU Governor enters into a 35-year concession with EcoMarina Ventures, Inc. to develop, operate, and exclusively manage a public estuary and adjacent mangrove forest along the coast, including the right to collect entrance and boat fees and to regulate access by local residents and fishers. The concession is awarded after a closed-door negotiation with no competitive bidding and without public consultation, even though the estuary and mangrove area provide ecosystem services and livelihoods to nearby communities and may affect fisheries and biodiversity. RA 11659 (New Public Service Act) has recently 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 governor’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?