Practice question
A regulator says trust responsibilities arise only after waterways have already been irreversibly damaged, so it may ignore trust uses when planning a new allocation. Which response follows Maynilad?
- Planning can never affect public resources
- Only existing users’ profits may be considered
- The State has an affirmative planning-and-allocation duty to consider the public trust and protect its uses whenever feasible
- Every allocation must be granted without conditions
- No public interest may be considered prospectively
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
Answer this question in flashcards to review your response and continue practicing.