Decision
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G.R. No. 224469
which virtually extends to all public needs, police power grants a wide
panoply of instruments through which the State, as parens patriae, gives
effect to a host of its regulatory powers. We have held that the power to
"regulate" means the power to protect, foster, promote, preserve, and
control, with due regard for the interests, first and foremost, of the
public, then of the utility and of its patrons.
Hand-in-hand with police power in the promotion of general
welfare is the doctrine of parens patriae. It focuses on the role of the state
as a "sovereign" and expresses the inherent power and authority of the
state to pro~ide protection of the person and property of a person non sui
Juris. Under the doctrine, the state has the sovereign power of
guardianship over persons of disability, and in the execution of the
doctrine the legislature is possessed of inherent power to provide
protection to persons non suijuris and to make and enforce rules and
regulations as it deems proper for the management of their property.
Parens patriile means "father of his country," and refers to the State as a
last-ditch provider of protection to those unable to care and fend for
themselves. It can be said that Filipino consumers have become such
persons of disability deserving protection by the State, as their welfare are
being increasingly downplayed, endangered, and overwhelmed by business
pursuits.
While the Regalian doctrine is state -ownership over natural
resources, police power is state regulation through legislation, and
parens patriae is the default state responsibility to look after the
defenseless, there remains a limbo on a flexible state policy bringing these
doctrines into a cohesive whole, enshrining the objects of public
interest, and backing the security of the people, rights, and resources
from general neglect, private greed, and even from the own excesses of
the State. We fill this void through the Public Trust Doctrine.
The Public Trust Doctrine, while derived from English common law
and American jurisprudence, has firm Constitutional and statutory
moorings in our jurisdiction. The doctrine speaks of an imposed duty upon
the State and its representative of continuing supervision over the taking
and use of appropriated water. Thus, "[p]arties who acquired rights in
trust property fonly hold] these rights sub_ject to the trust and,
therefore, could assert no vested right to use those rights in a manner
harmful to the trust." In National Audubon Society v. Superior Court of
Alpine County, a California Supreme Court decision, it worded the doctrine
as that which Academic literature further imparts that "[p]art of this
consciousness involves restoring the view of public and state ownership
of certain natural resources that benefit all. [. . .]" The "doctrine
further holds that certain natural resources belong to all and cannot be
privately owned or controlled because of their inherent importance to
each individual and society as a whole. A clear declaration of public
ownership, the doctrine reaffirms the superiority of public rights over
private rights for critical resources. It impresses upon states the
affirmative duties of a trustee to manage these natural resources for the
benefit of present and future generations and embodies key principles of
environmental protection: stewardship, communal responsibility, and
sustainability."