News & Updates

Cruz Marcelo & Tenefrancia Associate Jan Aurel Nikolai M. Castro’s Article on the Public Trust Doctrine in Water PPPs Published in the Philippine Law Journal

The Philippine Law Journal (“PLJ”), the oldest English-language law review in Asia, features the article of Cruz Marcelo & Tenefrancia (“CMT”) Associate Jan Aurel Nikolai M. Castro in Issue 2 of its 99th Volume.

Mr. Castro’s peer-reviewed article, entitled Public Trust in Private Hands?: The Public Trust Doctrine in Public-Private Partnerships for Water, examines how public-private partnerships (“PPPs”) for water utilities can operationalize the public trust doctrine in water governance, ensuring that private sector involvement aligns with the State’s duty to public access to natural resources such as water. It articulates a doctrinal framework that harmonizes the environmental stewardship mandate of the public trust, first introduced by Joseph Sax then in the Philippine Supreme Court case of Maynilad v. DENR, with the principles of PPPs by preserving public control.

Mr. Castro is from CMT’s Corporate and Special Projects Department, where he assists in infrastructure, PPPs, and corporate transactions.

A full copy of his article is accessible here: https://philippinelawjournal.org/volume/post/volume-99-issue-2/public-trust-in-private-hands-the-public-trust-doctrine-in-public-private-partnerships-for-water