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?
- State ownership makes stewardship optional
- Every concession fee automatically satisfies the public trust
- Future beneficiaries are excluded as a matter of law
- Only the concessionaire’s private preferences may be considered
- 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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