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Today is Monday, September 28, 2015

Republic of the PhilippinesSUPREME COURT

Manila

THR! !"S#$

R. No. 110120 March 16, 1994

GUNA LAKE DEVELOPMENT AUTHORT!, petitioner,

URT O" APPEALS, HON. MANUEL #N. SERAPO, Pr$%&'&() #*')$ RTC, +ra(ch 12, Ca-ooca( C&/, HON. MACAASSTO, #R., C&/ Ma/or o Ca-ooca( a('or THE CT! GOVERNMENT O" CALOOCAN,respondents&

erto N. Hidalgo and Ma. Teresa T. Oledan for petitioner.

e City Legal Officer & Chief, Law Departent for Mayor Macario A. Asistio, !r. and the City "o#ernent of Caloocan.

MERO, J.:

e clash bet'een the responsibility of the (ity )o%ernment of (aloocan to dispose off the *50 tons of +arba+e it collects the +ro'in+ concern and sensiti%ity to a pollutionfree en%ironment of the residents of -aran+ay (amarin, Tala .state,oocan (ity 'here these tons of +arba+e are dumped e%eryday is the hub of this contro%ersy ele%ated by the prota+onis/a+una /ae !e%elopment uthority //!3 for ad4udication&

e instant case stemmed from an earlier petition filed 'ith this (ourt by /a+una /ae !e%elopment uthority //! for sheted as )&R&

10562 a+ainst the (ity )o%ernment of (aloocan, et al& n the Resolution of $o%ember 10, 1772, this (ourt referred )10562 to the (ourt of ppeals for appropriate disposition& !oceted therein as ()&R& SP27667, the (ourt of ppeals, in a decision 1 promul+ated on anuary 27, 177* ruled that the //! has no po'er and authoe a cease and desist order en4oinin+ the dumpin+ of +arba+e in -aran+ay (amarin, Tala .state, (aloocan (ity& The //! nos, in this petition, a re%ie' of the decision of the (ourt of ppeals&

e facts, as disclosed in the records, are undisputed&

March 8, 1771, the Tas 9orce (amarin !umpsite of #ur /ady of /ourdes Parish, -aran+ay (amarin, (aloocan (ity, fil

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ercomplaint 2 'ith the /a+una /ae !e%elopment uthority seein+ to stop the operation of the 8&:hectare open +arba+e duala .state, -aran+ay (amarin, (aloocan (ity due to its harmful effects on the health of the residents and the possibility of polhe 'ater content of the surroundin+ area&

$o%ember 15, 1771, the //! conducted an onsite in%esti+ation, monitorin+ and test samplin+ of the leachate that se

m said dumpsite to the nearby cree 'hich is a tributary of the Marilao Ri%er& The //! /e+al and Technical personnel found ty )o%ernment of (aloocan 'as maintainin+ an open dumpsite at the (amarin area 'ithout first securin+ an .n%ironmentalmpliance (ertificate .((3 from the .n%ironmental Mana+ement -ureau .M-3 of the !epartment of .n%ironment and $aturasources, as re;uired under Presidential !ecree $o& 158:, 4 and clearance from //! as re;uired under Republic ct $o& 6850ended by Presidential !ecree $o& 81* and .<ecuti%e #rder $o& 72, series of 178*& 6

er a public hearin+ conducted on !ecember 6, 1771, the //!, actin+ on the complaint of Tas 9orce (amarin !umpsitnd that the 'ater collected from the leachate and the recei%in+ streams could considerably affect the ;uality, in turn, of tei%in+ 'aters since it indicates the presence of bacteria, other than coliform, 'hich may ha%e contaminated the sample ection or handlin+& #n !ecember 5, 1771, the //! issued a (ease and !esist #rder orderin+ the (ity )o%ernment ofoocan, Metropolitan Manila uthority, their contractors, and other entities, to completely halt, stop and desist from dumpin+ anind of +arba+e and other 'aste matter at the (amarin dumpsite&

e dumpin+ operation 'as forth'ith stopped by the (ity )o%ernment of (aloocan& Ho'e%er, sometime in u+ust 1772 thmpin+ operation 'as resumed after a meetin+ held in uly 1772 amon+ the (ity )o%ernment of (aloocan, the representTas 9orce (amarin !umpsite and //! at the #ffice of .n%ironmental Mana+ement -ureau !irector Rodri+o =& 9uenteed to settle the problem&

er an in%esti+ation by its team of le+al and technical personnel on u+ust 16, 1772, the //! issued another order reite!ecember 5, 1771, order and issued an lias (ease and !esist #rder en4oinin+ the (ity )o%ernment of (aloocan fromtinuin+ its dumpin+ operations at the (amarin area&

September 25, 1772, the //!, 'ith the assistance of the Philippine $ational Police, enforced its lias (ease and !eser by prohibitin+ the entry of all +arba+e dump trucs into the Tala .state, (amarin area bein+ utili>ed as a dumpsite&

ndin+ resolution of its motion for reconsideration earlier filed on September 1, 1772 'ith the //!, the (ity )o%ernmenoocan filed 'ith the Re+ional Trial (ourt of (aloocan (ity an action for the declaration of nullity of the cease and desist h prayer for the issuance of 'rit of in4unction, doceted as (i%il (ase $o& (15578& n its complaint, the (ity )o%ernmenoocan sou+ht to be declared as the sole authority empo'ered to promote the health and safety and enhance the ri+ht ople in (aloocan (ity to a balanced ecolo+y 'ithin its territorial 4urisdiction& 9

September 25, 1772, the .<ecuti%e ud+e of the Re+ional Trial (ourt of (aloocan (ity issued a temporary restrainin+ ooinin+ the //! from enforcin+ its cease and desist order& Subse;uently, the case 'as raffled to the Re+ional Trial (ournch 12: of (aloocan 'hich, at the time, 'as presided o%er by ud+e Manuel n& Serapio of the Re+ional Trial (ourt, -r, the pairin+ 4ud+e of the recentlyretired presidin+ 4ud+e&

e //!, for its part, filed on #ctober 2, 1772 a motion to dismiss on the +round, amon+ others, that under Republic ct $

1, as amended by Presidential !ecree $o& 786, other'ise no'n as the Pollution (ontrol /a', the cease and desist ordued by it 'hich is the sub4ect matter of the complaint is re%ie'able both upon the la' and the facts of the case by the (opeals and not by the Re+ional Trial (ourt& 10

#ctober 12, 1772 ud+e Manuel n& Serapio issued an order consolidatin+ (i%il (ase $o& (15578 'ith (i%il (ase $o& 80, an earlier case filed by the Tas 9orce (amarin !umpsite entitled ?9r& ohn Moran, et al& %s& Hon& Macario sistio&?

!, ho'e%er, maintained durin+ the trial that the fore+oin+ cases, bein+ independent of each other, should ha%e been trearately&

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#ctober 1:, 1772, ud+e Manuel n& Serapio, after hearin+ the motion to dismiss, issued in the consolidated cases aner 11 denyin+ //!@s motion to dismiss and +rantin+ the issuance of a 'rit of preliminary in4unction en4oinin+ the //!, its a+epersons actin+ for and on its behalf, from enforcin+ or implementin+ its cease and desist order 'hich pre%ents plaintiff (ity ofoocan from dumpin+ +arba+e at the (amarin dumpsite durin+ the pendency of this case andAor until further orders of the cour

$o%ember 5, 1772, the //! filed a petition for certiorari , prohibition and in4unction 'ith prayer for restrainin+ order 'ithpreme (ourt, doceted as )&R& $o& 10562, seein+ to nullify the aforesaid order dated #ctober 1:, 1772 issued by the+ional Trial (ourt, -ranch 12 of (aloocan (ity denyin+ its motion to dismiss&

e (ourt, actin+ on the petition, issued a Resolution 12 on $o%ember 10, 1772 referrin+ the case to the (ourt of ppeals for pposition and at the same time, 'ithout +i%in+ due course to the petition, re;uired the respondents to comment on the petition asame 'ith the (ourt of ppeals 'ithin ten 103 days from notice& n the meantime, the (ourt issued a temporary restrainin+ orcti%e immediately and continuin+ until further orders from it, orderin+ the respondentsB 13 ud+e Manuel n& Serapio, Presidin+e, Re+ional Trial (ourt, -ranch 12, (aloocan (ity to cease and desist from e<ercisin+ 4urisdiction o%er the case for declaraty of the cease and desist order issued by the /a+una /ae !e%elopment uthority //!3C and 23 (ity Mayor of (aloocan a(ity )o%ernment of (aloocan to cease and desist from dumpin+ its +arba+e at the Tala .state, -aran+ay (amarin, (aloocan

spondents (ity )o%ernment of (aloocan and Mayor Macario & sistio, r& filed on $o%ember 12, 1772 a motion foronsideration andAor to ;uashArecall the temporary restrainin+ order and an ur+ent motion for reconsideration alle+in+ thaie' of the calamitous situation that 'ould arise if the respondent city +o%ernment fails to collect *50 tons of +arba+e da of dumpsite i3t is therefore, imperati%e that the issue be resol%ed 'ith dispatch or 'ith sufficient lee'ay to allo' thepondents to find alternati%e solutions to this +arba+e problem&?

$o%ember 1, 1772, the (ourt issued a Resolution 1 directin+ the (ourt of ppeals to immediately set the case for hearin+pose of determinin+ 'hether or not the temporary restrainin+ order issued by the (ourt should be lifted and 'hat conditions, ify be re;uired if it is to be so lifted or 'hether the restrainin+ order should be maintained or con%erted into a preliminary in4unct

e (ourt of ppeals set the case for hearin+ on $o%ember 2, 1772, at 10B00 in the mornin+ at the Hearin+ Room, *rd 9lo' -uildin+, (ourt of ppeals& 14 fter the oral ar+ument, a conference 'as set on !ecember 8, 1772 at 10B00 o@cloc in the mere the Mayor of (aloocan (ity, the )eneral Mana+er of //!, the Secretary of !.$R or his duly authori>ed representati%e a

cretary of !/) or his duly authori>ed representati%e 'ere re;uired to appear&

as a+reed at the conference that the //! had until !ecember 15, 1772 to finish its study and re%ie' of respondent@shnical plan 'ith respect to the dumpin+ of its +arba+e and in the e%ent of a re4ection of respondent@s technical plan or a ettlement, the parties 'ill submit 'ithin 10 days from notice their respecti%e memoranda on the merits of the case, afterpetition shall be deemed submitted for resolution&13 $ot'ithstandin+ such efforts, the parties failed to settle the dispute&

pril *0, 177*, the (ourt of ppeals promul+ated its decision holdin+ thatB 13 the Re+ional Trial (ourt has no 4urisdictioeal to try, hear and decide the action for annulment of //!@s cease and desist order, includin+ the issuance of a tempotrainin+ order and preliminary in4unction in relation thereto, since appeal therefrom is 'ithin the e<clusi%e and appellatesdiction of the (ourt of ppeals under Section 7, par& *3, of -atas Pambansa -l+& 127C and 23 the /a+una /ae !e%elohority has no po'er and authority to issue a cease and desist order under its enablin+ la', Republic ct $o& 6850, as

ended by P&!& $o& 81* and .<ecuti%e #rder72, series of 178*&

e (ourt of ppeals thus dismissed (i%il (ase $o& 15578 and the preliminary in4unction issued in the said case 'as set acease and desist order of //! 'as lie'ise set aside and the temporary restrainin+ order en4oinin+ the (ity Mayor ofoocan andAor the (ity )o%ernment of (aloocan to cease and desist from dumpin+ its +arba+e at the Tala .state, -aranmarin, (aloocan (ity 'as lifted, sub4ect, ho'e%er, to the condition that any future dumpin+ of +arba+e in said area, shalformity 'ith the procedure and protecti%e 'ors contained in the proposal attached to the records of this case and founes 1521:0 of the $ollo, 'hich 'as thereby adopted by reference and made an inte+ral part of the decision, until the

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respondin+ restrainin+ andAor in4uncti%e relief is +ranted by the proper (ourt upon //!@s institution of the necessary le+ceedin+s&

nce, the /a+una /ae !e%elopment uthority filed the instant petition for re%ie' on certiorari , no' doceted as )&R& $o&120, 'ith prayer that the temporary restrainin+ order lifted by the (ourt of ppeals be reissued until after final determin

his (ourt of the issue on the proper interpretation of the po'ers and authority of the //! under its enablin+ la'&

uly, 17, 177*, the (ourt issued a temporary restrainin+ order 16 en4oinin+ the (ity Mayor of (aloocan andAor the (ity%ernment of (aloocan to cease and desist from dumpin+ its +arba+e at the Tala .state, -aran+ay (amarin, (aloocan (ity, effof this date and containin+ until other'ise ordered by the (ourt&

si+nificant to note that 'hile both parties in this case a+ree on the need to protect the en%ironment and to maintain thelo+ical balance of the surroundin+ areas of the (amarin open dumpsite, the ;uestion as to 'hich a+ency can la'fullyrcise 4urisdiction o%er the matter remains hi+hly open to ;uestion&

e (ity )o%ernment of (aloocan claims that it is 'ithin its po'er, as a local +o%ernment unit, pursuant to the +eneral 'elf%ision of the /ocal )o%ernment (ode, 1 to determine the effects of the operation of the dumpsite on the ecolo+ical balance

that such balance is maintained& #n the basis of said contention, it ;uestioned, from the inception of the dispute before the+ional Trial (ourt of (aloocan (ity, the po'er and authority of the //! to issue a cease and desist order en4oinin+ the dumpiba+e in the -aran+ay (amarin o%er 'hich the (ity )o%ernment of (aloocan has territorial 4urisdiction&

e (ourt of ppeals sustained the position of the (ity of (aloocan on the theory that Section of Presidential !ecree $o&er'ise no'n as the Pollution (ontrol la', authori>in+ the defunct $ational Pollution (ontrol (ommission to issue an e%te cease and desist order 'as not incorporated in Presidential !ecree $o& 81* nor in .<ecuti%e #rder $o& 72, series o*& The (ourt of ppeals ruled that under Section 6, par& d3, of Republic ct $o& 6850, as amended, the //! is insteaduired ?to institute the necessary le+al proceedin+ a+ainst any person 'ho shall commence to implement or continuelementation of any pro4ect, plan or pro+ram 'ithin the /a+una de -ay re+ion 'ithout pre%ious clearance from the utho

e //! no' assails, in this partition for re%ie', the abo%ementioned rulin+ of the (ourt of ppeals, contendin+ that, as aministrati%e a+ency 'hich 'as +ranted re+ulatory and ad4udicatory po'ers and functions by Republic ct $o& 6850 and endatory la's, Presidential !ecree $o& 81* and .<ecuti%e #rder $o& 72, series of 178*, it is in%ested 'ith the po'er ahority to issue a cease and desist order pursuant to Section 6 par& c3, d3, e3, f3 and +3 of .<ecuti%e #rder $o& 72 se* 'hich pro%ides, thusB

Sec& 6& Additional 'owers and ()nctions& The authority shall ha%e the follo'in+ po'ers and function

<<< <<< <<<

c3 ssue orders or decisions to compel compliance 'ith the pro%isions of this .<ecuti%e #rder and iimplementin+ rules and re+ulations only after proper notice and hearin+&

d3 Mae, alter or modify orders re;uirin+ the discontinuance of pollution specifyin+ the conditions atime 'ithin 'hich such discontinuance must be accomplished&

e3 ssue, rene', or deny permits, under such conditions as it may determine to be reasonable, for tpre%ention and abatement of pollution, for the dischar+e of se'a+e, industrial 'aste, or for the instaor operation of se'a+e 'ors and industrial disposal system or parts thereof&

f3 fter due notice and hearin+, the uthority may also re%oe, suspend or modify any permit issued

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under this #rder 'hene%er the same is necessary to pre%ent or abate pollution&

+3 !eputi>e in 'ritin+ or re;uest assistance of appropriate +o%ernment a+encies or instrumentalitiethe purpose of enforcin+ this .<ecuti%e #rder and its implementin+ rules and re+ulations and the orand decisions of the uthority&

e //! claims that the appellate court deliberately suppressed and totally disre+arded the abo%e pro%isions of .<ecuti%eer $o& 72, series of 178*, 'hich +ranted administrati%e ;uasi4udicial functions to //! on pollution abatement cases&

+ht of the rele%ant en%ironmental protection la's cited 'hich are applicable in this case, and the correspondin+ o%erlapsdiction of +o%ernment a+encies implementin+ these la's, the resolution of the issue of 'hether or not the //! has thhority and po'er to issue an order 'hich, in its nature and effect 'as in4uncti%e, necessarily re;uires a determination of eshold ;uestionB !oes the /a+una /ae !e%elopment uthority, under its (harter and its amendatory la's, ha%e the autntertain the complaint a+ainst the dumpin+ of +arba+e in the open dumpsite in -aran+ay (amarin authori>ed by the (it

%ernment of (aloocan 'hich is alle+edly endan+erin+ the health, safety, and 'elfare of the residents therein and theitation and ;uality of the 'ater in the area brou+ht about by e<posure to pollution caused by such open +arba+e dumps

e matter of determinin+ 'hether there is such pollution of the en%ironment that re;uires control, if not prohibition, of theration of a business establishment is essentially addressed to the .n%ironmental Mana+ement -ureau .M-3 of the !.ch, by %irtue of Section 1: of .<ecuti%e #rder $o& 172, series of 178, 1 has assumed the po'ers and functions of the defonal Pollution (ontrol (ommission created under Republic ct $o& *7*1& =nder said .<ecuti%e #rder, a Pollution d4udicatio

ard P-3 under the #ffice of the !.$R Secretary no' assumes the po'ers and functions of the $ational Pollution (ontrolmmission 'ith respect to ad4udication of pollution cases& 19

a +eneral rule, the ad4udication of pollution cases +enerally pertains to the Pollution d4udication -oard P-3, e<cept inere the special la' pro%ides for another forum& t must be reco+ni>ed in this re+ard that the //!, as a speciali>edministrati%e a+ency, is specifically mandated under Republic ct $o& 6850 and its amendatory la's to carry out and ma

cti%e the declared national policy 20 of promotin+ and acceleratin+ the de%elopment and balanced +ro'th of the /a+una /aethe surroundin+ pro%inces of Ri>al and /a+una and the cities of San Pablo, Manila, Pasay, Eue>on and (aloocan 21 with d)e

ard and ade*)ate pro#isions for en#ironental anageent and control, preser#ation of the *)ality of h)an life and ecologi

tes, and the pre#ention of )nd)e ecological dist)rbances, deterioration and poll)tion& =nder such a broad +rant and po'er ahority, the //!, by %irtue of its special charter, ob%iously has the responsibility to protect the inhabitants of the /a+una /ae rm the deleterious effects of pollutants emanatin+ from the dischar+e of 'astes from the surroundin+ areas& n carryin+ out therementioned declared policy, the //! is mandated, amon+ others, to pass upon and appro%e or disappro%e all plans, pro+rapro4ects proposed by local +o%ernment officesAa+encies 'ithin the re+ion, public corporations, and pri%ate persons or enterpr

ere such plans, pro+rams andAor pro4ects are related to those of the //! for the de%elopment of the re+ion& 22

he instant case, 'hen the complainant Tas 9orce (amarin !umpsite of #ur /ady of /ourdes Parish, -aran+ay (amarioocan (ity, filed its lettercomplaint before the //!, the latter@s 4urisdiction under its charter 'as %alidly in%oed by

mplainant on the basis of its alle+ation that the open dumpsite pro4ect of the (ity )o%ernment of (aloocan in -aran+aymarin 'as undertaen 'ithout a clearance from the //!, as re;uired under Section 6, par& d3, of Republic ct& $o& 68ended by P&!& $o& 81* and .<ecuti%e #rder $o& 72& Fhile there is also an alle+ation that the said pro4ect 'as 'ithout %ironmental (ompliance (ertificate from the .n%ironmental Mana+ement -ureau .M-3 of the !.$R, the primary 4urisdhe //! o%er this case 'as reco+ni>ed by the .n%ironmental Mana+ement -ureau of the !.$R 'hen the latter acted armediary at the meetin+ amon+ the representati%es of the (ity )o%ernment of (aloocan, Tas 9orce (amarin !umpsite

! sometime in uly 1772 to discuss the possibility ofopenin+ the open dumpsite&

%in+ thus resol%ed the threshold ;uestion, the in;uiry then narro's do'n to the follo'in+ issueB !oes the //! ha%e the'er and authority to issue a ?cease and desist? order under Republic ct $o& 6850 and its amendatory la's, on the basis

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facts presented in this case, en4oinin+ the dumpin+ of +arba+e in Tala .state, -aran+ay (amarin, (aloocan (ity&

e irresistible ans'er is in the affirmati%e&

e cease and desist order issued by the //! re;uirin+ the (ity )o%ernment of (aloocan to stop dumpin+ its +arba+e in marin open dumpsite found by the //! to ha%e been done in %iolation of Republic ct $o& 6850, as amended, and othe%ant en%ironment la's, 2 cannot be stamped as an unauthori>ed e<ercise by the //! of in4uncti%e po'ers& -y its e<press t

public ct $o& 6850, as amended by P&!& $o& 81* and .<ecuti%e #rder $o& 72, series of 178*, authori>es the //! to ?a+emodify order re;uirin+ the discontinuance or pollution&? 24.mphasis supplied3 Section 6, par& d3 e<plicitly authori>es the //!a+e 'hate%er order may be necessary in the e<ercise of its 4urisdiction&

be sure, the //! 'as not e<pressly conferred the po'er ?to issue and e%parte cease and desist order? in a lan+ua+e,+ested by the (ity )o%ernment of (aloocan, similar to the e<press +rant to the defunct $ational Pollution (ontrol

mmission under Section of P&!& $o& 786 'hich, admittedly 'as not reproduced in P&!& $o& 81* and .&#& $o& 72, serie*& Ho'e%er, it 'ould be a mistae to dra' therefrom the conclusion that there is a denial of the po'er to issue the ordestion 'hen the po'er ?to a+e, alter or modify orders re;uirin+ the discontinuance of pollution? is e<pressly and clearlyto'ed upon the //! by .<ecuti%e #rder $o& 72, series of 178*&

umin+ arg)endo that the authority to issue a ?cease and desist order? 'ere not e<pressly conferred by la', there issprudence enou+h to the effect that the rule +rantin+ such authority need not necessarily be e<press&23 Fhile it is adamental rule that an administrati%e a+ency has only such po'ers as are e<pressly +ranted to it by la', it is lie'ise a settled an administrati%e a+ency has also such po'ers as are necessarily implied in the e<ercise of its e<press po'ers& 26 n the e<e

refore, of its e<press po'ers under its charter as a re+ulatory and ;uasi4udicial body 'ith respect to pollution cases in the /a+e re+ion, the authority of the //! to issue a ?cease and desist order? is, perforce, implied& #ther'ise, it may 'ell be reducedthless? paper a+ency&

his connection, it must be noted that in 'oll)tion Ad)dication -oard # & Co)rt of Appeals, et al &, 2 the (ourt ruled that theution d4udication -oard P-3 has the po'er to issue an e%parte cease and desist order 'hen there is pria facie e%idence

ablishment e<ceedin+ the allo'able standards set by the antipollution la's of the country& The ponente, ssociate ustice 9lor9eliciano, declaredB

% parte cease and desist orders are permitted by la' and re+ulations in situations lie that herepresented precisely because stoppin+ the continuous dischar+e of polluti%e and untreated effluentsthe ri%ers and other inland 'aters of the Philippines cannot be made to 'ait until protracted liti+ationthe ultimate correctness or propriety of such orders has run its full course, includin+ multiple andse;uential appeals such as those 'hich Solar has taen, 'hich of course may tae se%eral years& Trele%ant pollution control statute and implementin+ re+ulations 'ere enacted and promul+ated in thee<ercise of that per%asi%e, so%erei+n po'er to protect the safety, health, and +eneral 'elfare and coof the public, as 'ell as the protection of plant and animal life, commonly desi+nated as the police pt is a constitutional commonplace that the ordinary re;uirements of procedural due process yield tonecessities of protectin+ %ital public interests lie those here in%ol%ed, throu+h the e<ercise of policepo'er& & & &

e immediate response to the demands of ?the necessities of protectin+ %ital public interests? +i%es %itality to the statemelo+y embodied in the !eclaration of Principles and State Policies or the 178 (onstitution& rticle , Section 1: 'hich%idesB

The State shall protect and ad%ance the ri+ht of the people to a balanced and healthful ecolo+y in a'ith the rhythm and harmony of nature&

a constitutionally +uaranteed ri+ht of e%ery person, it carries the correlati%e duty of nonimpairment& This is but in conso

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h the declared policy of the state ?to protect and promote the ri+ht to health of the people and instill health consciousneson+ them&? 2 t is to be borne in mind that the Philippines is party to the =ni%ersal !eclaration of Human Ri+hts and the lmanference !eclaration of 178 'hich reco+ni>e health as a fundamental human ri+ht& 29

e issuance, therefore, of the cease and desist order by the //!, as a practical matter of procedure under the circumsta

he case, is a proper e<ercise of its po'er and authority under its charter and its amendatory la's& Had the cease and deer issued by the //! been complied 'ith by the (ity )o%ernment of (aloocan as it did in the first instance, no further lps 'ould ha%e been necessary&

e charter of //!, Republic ct $o& 6850, as amended, instead of conferrin+ upon the //! the means of directly enforh orders, has pro%ided under its Section 6 d3 the po'er to institute ?necessary le+al proceedin+ a+ainst any person 'h

mmence to implement or continue implementation of any pro4ect, plan or pro+ram 'ithin the /a+una de -ay re+ion 'itho%ious clearance from the //!&?

arly, said pro%ision 'as desi+ned to in%est the //! 'ith sufficiently broad po'ers in the re+ulation of all pro4ects initiat/a+una /ae re+ion, 'hether by the +o%ernment or the pri%ate sector, insofar as the implementation of these pro4ects iscerned& t 'as meant to deal 'ith cases 'hich mi+ht possibly arise 'here decisions or orders issued pursuant to the e<

uch broad po'ers may not be obeyed, resultin+ in the th'artin+ of its laudabe ob4ecti%e& To meet such contin+encies, th'rits of anda)s and in4unction 'hich are beyond the po'er of the //! to issue, may be sou+ht from the proper co

ofar as the implementation of rele%ant antipollution la's in the /a+una /ae re+ion and its surroundin+ pro%inces, citiesns are concerned, the (ourt 'ill not d'ell further on the related issues raised 'hich are more appropriately addressed t

ministrati%e a+ency 'ith the special no'led+e and e<pertise of the //!&

.R.9#R., the petition is )R$T.!& The temporary restrainin+ order issued by the (ourt on uly 17, 177* en4oinin+ ty Mayor of (aloocan andAor the (ity )o%ernment of (aloocan from dumpin+ their +arba+e at the Tala .state, -aran+aymarin, (aloocan (ity is hereby made permanent&

#R!.R.!&

iciano, -idin, Melo and /it)g, !!., conc)r.

oo(o$%

1 or+e S& mperial, ! &, ponente, "icente "& Mendo>a and Euirino !& bad Santos, r&, !! &, concurrin

2 nne< ?(?, Petition, )&R& $o& 10562, $ollo, pp& 651&

* Febster@s Third nternational !ictionary 178:3 defines ?leachate? as the li;uid that has percolated

throu+h soil or other medium&

6 .stablishin+ n .n%ironmental mpact Statement System, ncludin+ #ther .n%ironmental Mana+eRelated Measures nd 9or #ther Purposesune 11, 1783&

5 n ct (reatin+ The /a+una /ae !e%elopment uthority, Prescribin+ ts Po'ers, 9unctions and Pro%idin+ 9unds Therefor, nd 9or #ther Purposes

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uly 18, 17::3&

: nne< ?!?, Petition, )&R& $o& 10562, $ollo, pp& 5256&

0bid &

8 nne< ?)?, Petition, )&R& $o& 10562, $ollo, pp& 58:*&

7 nne< ?M?, Petition, )&R& $o& 10562, $ollo, pp& 81&

10 nne< ?#?, Petition, )&R& $o& 10562, $ollo, pp& 8*70&

11 nne< ??, Petition, )&R& $o& 10562, $ollo, pp& 27*&

12 )&R& $o& 10562, $ollo, pp& 7*75&

1* )&R& $o& 10562, $ollo, pp& 7877&

16 0bid , p& 7&

15 )&R& $o& 10562, $ollo, pp& 1271*0&

1: )&R& $o& 110120, $ollo, p& 0&

1 Section 1:, Republic ct $o& 1:0, other'ise no'n as ?The /ocal )o%ernment (ode of 1771&?

18 Pro%idin+ 9or The Reor+ani>ation #f The !epartment #f .n%ironment, .ner+y nd $aturalResources, Renamin+ t s The !epartment of .n%ironment and $atural Resources, nd 9or #ther

Purposes une 10, 1783&

17 Section 17, .<ecuti%e #rder $o& 172, series of 178&

20 Section 1, Republic ct $o& 6850, as amended by P&!& $o& 81* and .<ecuti%e #rder $o& 72, se178*&

21 Section 61, par& 63, Republic ct $o& 6850, as amended by P&!& $o& 81* and .<ecuti%e #rder $72, series of 178*&

22 Section 6, par& d3, Republic ct $o& 6850, as amended by P&!& $o& 81* and .<ecuti%e #rder $oseries of 178*& .mphasis supplied3

2* Sections 65 and 68, Presidential !ecree $o& 1152, other'ise no'n as Philippine .n%ironment ('hich re;uires that solid 'aste disposal shall be by sanitary landfill, incineration, compostin+ and otmethods as may be appro%ed by competent +o%ernment authority and, that the sites shall conform e<istin+ >onin+, land use standards, and pollution control re+ulations, respecti%elyC Section 6, Presid!ecree $o& 158:&

26 Section 6, par& d3, .<ecuti%e #rder $o& 72, series of 178*&

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25 Motor Transit (o& %& Railroad (om&, 187 (/ 5*, 207 P 58:&

2: Republic %& (ourt of ppeals, )&R& $o& 70682, u+ust 5, 1771, 200 S(R 2::C )uer>on %& (ourt ppeals, et al& )&R& $o& 0, u+ust 8, 1788, 1:6 S(R 182&

2 )&R& $o& 7*871, March 11, 1771, 175 S(R 112&

28 rt& , Section 15, 178 (onstitution&

27 Record of the (onstitutional (ommission, Proceedin+s and !ebates, "ol& ,p& 117&

/a'phil Pro4ect rellano /a' 9oundation

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