Philippine Bar review · Question

Practice question: Public Trust Doctrine

Multiple Choice Hard Jurisprudence

Practice question

A public agency designs a new water allocation. The record shows feasible means to preserve public-trust uses for current and future beneficiaries, but officials refuse to consider them solely because the chosen concession produces a larger immediate fee. They invoke State ownership as complete discretion. Which is best under Maynilad?
  1. State ownership makes stewardship optional
  2. Every concession fee automatically satisfies the public trust
  3. Future beneficiaries are excluded as a matter of law
  4. Only the concessionaire’s private preferences may be considered
  5. The trustee’s affirmative planning duty requires consideration of the public-trust uses; revenue alone does not eliminate that duty

Legal references

  • Maynilad Water Services v. Secretary of DENR, G.R. Nos. 202897, 206823 and 207969, August 6, 2019, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/65416
  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article II, Section 16; Article XII, Section 2.

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