LAGUNA LAKE DEVELOPMENT AUTHORITY, Petitioner, v. OURT O! APPEAL", HON. MANUEL #N. "ERAPIO, Pr$%&'&() #*')$ RT, +ra(ch 12,, a-ooca( &./, HON. MAARIO A. A"I"TIO, #R., &./ Ma/or o0 a-ooca( a('1or THE ITY GOVERNMENT O! ALOOAN, Respondents. Alberto N. Hidalgo and Ma. Teresa T. Oledan for petitioner.chanrobles virtual law library The City egal Officer ! Chief" aw #epart$ent for Mayor Macario A. Asistio" %r. and the City &overn$ent of Caloocan. ROMERO, J.2 The clash between the responsibility of the City Government of Caloocan to dispose off the 350 tons of garbage it collects daily and the growing concern and sensitivity to a pollution-free environment of the residents of arangay Camarin, Tala !state, Caloocan City where these tons of garbage are dumped everyday is the hub of this controversy elevated by the protagonists to the "aguna "a#e $evelopment %uthority &""$%' for ad(udication.chanroblesvirtualawlibrarychanrobles virtual law library The instant case stemmed from an earlier petition filed with this Court by "aguna "a#e $evelopment %uthority &""$% for short' doc#eted as G.). *o. +0,5-. against the City Government of Caloocan, et al. /n the )esolution of *ovember +0, +00., this Court referred G.). *o. +0,5-. to the Court of %ppeals for appropriate disposition. $oc#eted therein as C%-G.). 12 *o. .0--0, the Court of %ppeals, in a decision 1 promulgated on 3anuary .0, +003 ruled that the ""$% has no power and authority to issue a cease and desist order en(oining the dumping of garbage in arangay Camarin, Tala !state, Caloocan City. The ""$% now see#s, in this petition, a review of the decision of the Court of %ppeals.chanroblesvirtualawlibrarychanrobles virtual lawlibrary The facts, as disclosed in the records, are undisputed.chanroblesvirtualawlibrarychanrobles virtual lawlibrary 4n 5arch 6, +00+, the Tas# 7orce Camarin $umpsite of 4ur "ady of "ourdes 2arish, arangay Camarin, Caloocan City, filed a letter- complaint 2 with the "aguna "a#e $evelopment %uthority see#ing to stop the operation of the 6.8-hectare open garbage dumpsite in Tala !state, arangay Camarin, Caloocan City due to its harmful effects on the health of the residents and the possibility of pollution of the water content of the surrounding area.chanroblesvirtualawlibrarychanrobles virtual lawlibrary 4n *ovember +5, +00+, the ""$% conducted an on-site investigation, monitoring and test sampling of the leachate 3 that seeps from said dumpsite to the nearby cree# which is a tributary of the 5arilao )iver. The ""$% "egal and Technical personnel found that the City Government of Caloocan was maintaining an open dumpsite at the Camarin area without first securing an !nvironmental Compliance Certificate &!CC' from the !nvironmental 5anagement ureau &!5' of the $epartment of !nvironment and *atural )esources, as re9uired under 2residential $ecree *o. +568, 4 and clearance from ""$% as re9uired under )epublic %ct *o. -650, 4 as amended by 2residential $ecree *o. 6+3 and !:ecutive 4rder *o. 0.,, series of +063. 6 chanrobles virtual lawlibrary %fter a public hearing conducted on $ecember -, +00+, the ""$%, acting on the complaint of Tas# 7orce Camarin $umpsite, found that the water collected from the leachate and the receiving streams could considerably affect the 9uality, in turn, of the receiving waters since it indicates the presence of bacteria, other than coliform, which may have contaminated the sample during collection or handling. , 4n $ecember 5, +00+, the ""$% issued a Cease and $esist 4rder 5 ordering the City Government of Caloocan, 5etropolitan 5anila %uthority, their contractors, and other entities, to completely halt, stop and desist from dumping any form or #ind of garbage and other waste matter at the Camarin dumpsite.chanroblesvirtualawlibrarychanrobles virtual law library The dumping operation was forthwith stopped by the City Government of Caloocan. ;owever, sometime in %ugust +00. the dumping operation was resumed after a meeting held in 3uly +00. among the City Government of Caloocan, the representatives of Tas# 7orce Camarin $umpsite and ""$% at the 4ffice of !nvironmental 5anagement ureau $irector )odrigo <. 7uentes failed to settle the problem.chanroblesvirtualawlibrarychanrobles virtual lawlibrary %fter an investigation by its team of legal and technical personnel on %ugust +-, +00., the ""$% issued another order reiterating the $ecember 5, +00+, order and issued an %lias Cease and $esist 4rder en(oining the City Government of Caloocan from continuing its dumping operations at the Camarin area.chanroblesvirtualawlibrarychanrobles virtual lawlibrary 4n 1eptember .5, +00., the ""$%, with the assistance of the 2hilippine *ational 2olice, enforced its %lias Cease and $esist 4rder by prohibiting the entry of all garbage dump truc#s into the Tala !state, Camarin area being utili=ed as a dumpsite.chanroblesvirtualawlibrarychanrobles virtual lawlibrary 2ending resolution of its motion for reconsideration earlier filed on 1eptember +,, +00. with the ""$%, the City Government of Caloocan filed with the )egional Trial Court of Caloocan City an action for the declaration of nullity of the cease and desist order with prayer for the issuance of writ of in(unction, doc#eted as Civil Case *o. C-+5506. /n its complaint, the City Government of Caloocan sought to be declared as the sole authority empowered to promote the health and safety and enhance the right of the people in Caloocan City to a balanced ecology within its territorial (urisdiction. 9 chanrobles virtual law library 4n 1eptember .5, +00., the !:ecutive 3udge of the )egional Trial Court of Caloocan City issued a temporary restraining order en(oining the ""$% from enforcing its cease and desist order. 1ubse9uently, the case was raffled to the )egional Trial Court, ranch +.8 of Caloocan which, at the time, was presided over by 3udge 5anuel 3n. 1erapio of the )egional Trial Court, ranch +.,, the pairing (udge of the recently-retired presiding (udge.chanroblesvirtualawlibrarychanrobles virtual lawlibrary The ""$%, for its part, filed on 4ctober ., +00. a motion to dismiss on the ground, among others, that under )epublic %ct *o. 303+, as amended by 2residential $ecree *o. 06-, otherwise #nown as the 2ollution Control "aw, the cease and desist order issued by it which is the sub(ect matter of the complaint is reviewable both upon the law and the facts of the case by the Court of %ppeals and not by the )egional Trial Court. 10 chanrobles virtual lawlibrary 4n 4ctober +., +00. 3udge 5anuel 3n. 1erapio issued an order consolidating Civil Case *o. C-+5506 with Civil Case *o. C-+5560, an earlier case filed by the Tas# 7orce Camarin $umpsite entitled >7r. 3ohn 5oran, et al. vs. ;on. 5acario %sistio.> The ""$%, however, maintained during the trial that the foregoing cases, being independent of each other, should have been treated separately.chanroblesvirtualawlibrarychanrobles virtual law library 4n 4ctober +8, +00., 3udge 5anuel 3n. 1erapio, after hearing the motion to dismiss, issued in the consolidated cases an order 11 denying ""$%?s motion to dismiss and granting the issuance of a writ of preliminary in(unction en(oining the ""$%, its agent and all persons acting for and on its behalf, from enforcing or implementing its cease and desist order which prevents plaintiff City of Caloocan from dumping garbage at the Camarin dumpsite during the pendency of this case and@or until further orders of the court.chanroblesvirtualawlibrarychanrobles virtual law library 4n *ovember 5, +00., the ""$% filed a petition for certiorari, prohibition and in(unction with prayer for restraining order with the 1upreme Court, doc#eted as G.). *o. +0,5-., see#ing to nullify the aforesaid order dated 4ctober +8, +00. issued by the )egional Trial Court, ranch +., of Caloocan City denying its motion to dismiss.chanroblesvirtualawlibrarychanrobles virtual law library The Court, acting on the petition, issued a )esolution 12 on *ovember +0, +00. referring the case to the Court of %ppeals for proper disposition and at the same time, without giving due course to the petition, re9uired the respondents to comment on the petition and file the same with the Court of %ppeals within ten &+0' days from notice. /n the meantime, the Court issued a temporary restraining order, effective immediately and continuing until further orders from it, ordering the respondentsA &+' 3udge 5anuel 3n. 1erapio, 2residing 3udge, )egional Trial Court, ranch +.,, Caloocan City to cease and desist from e:ercising (urisdiction over the case for declaration of nullity of the cease and desist order issued by the "aguna "a#e $evelopment %uthority &""$%'B and &.' City 5ayor of Caloocan and@or the City Government of Caloocan to cease and desist from dumping its garbage at the Tala !state, arangay Camarin, Caloocan City.chanroblesvirtualawlibrarychanrobles virtual law library )espondents City Government of Caloocan and 5ayor 5acario %. %sistio, 3r. filed on *ovember +., +00. a motion for reconsideration and@or to 9uash@recall the temporary restraining order and an urgent motion for reconsideration alleging that >. . . in view of the calamitous situation that would arise if the respondent city government fails to collect 350 tons of garbage daily for lac# of dumpsite &i't is therefore, imperative that the issue be resolved with dispatch or with sufficient leeway to allow the respondents to find alternative solutions to this garbage problem.>chanrobles virtual lawlibrary 4n *ovember +,, +00., the Court issued a )esolution 13 directing the Court of %ppeals to immediately set the case for hearing for the purpose of determining whether or not the temporary restraining order issued by the Court should be lifted and what conditions, if any, may be re9uired if it is to be so lifted or whether the restraining order should be maintained or converted into a preliminary in(unction.chanroblesvirtualawlibrarychanrobles virtual law library The Court of %ppeals set the case for hearing on *ovember .,, +00., at +0A00 in the morning at the ;earing )oom, 3rd 7loor, *ew uilding, Court of %ppeals. 14 %fter the oral argument, a conference was set on $ecember 6, +00. at +0A00 o?cloc# in the morning where the 5ayor of Caloocan City, the General 5anager of ""$%, the 1ecretary of $!*) or his duly authori=ed representative and the 1ecretary of $/"G or his duly authori=ed representative were re9uired to appear.chanroblesvirtualawlibrarychanrobles virtual lawlibrary /t was agreed at the conference that the ""$% had until $ecember +5, +00. to finish its study and review of respondent?s technical plan with respect to the dumping of its garbage and in the event of a re(ection of respondent?s technical plan or a failure of settlement, the parties will submit within +0 days from notice their respective memoranda on the merits of the case, after which the petition shall be deemed submitted for resolution. 14 *otwithstanding such efforts, the parties failed to settle the dispute.chanroblesvirtualawlibrarychanrobles virtual law library 4n %pril 30, +003, the Court of %ppeals promulgated its decision holding thatA &+' the )egional Trial Court has no (urisdiction on appeal to try, hear and decide the action for annulment of ""$%?s cease and desist order, including the issuance of a temporary restraining order and preliminary in(unction in relation thereto, since appeal therefrom is within the e:clusive and appellate (urisdiction of the Court of %ppeals under 1ection 0, par. &3', of atas 2ambansa lg. +.0B and &.' the "aguna "a#e $evelopment %uthority has no power and authority to issue a cease and desist order under its enabling law, )epublic %ct *o. -650, as amended by 2.$. *o. 6+3 and !:ecutive 4rder *o. 0.,, series of +063.chanroblesvirtualawlibrarychanrobles virtual law library The Court of %ppeals thus dismissed Civil Case *o. +5506 and the preliminary in(unction issued in the said case was set asideB the cease and desist order of ""$% was li#ewise set aside and the temporary restraining order en(oining the City 5ayor of Caloocan and@or the City Government of Caloocan to cease and desist from dumping its garbage at the Tala !state, arangay Camarin, Caloocan City was lifted, sub(ect, however, to the condition that any future dumping of garbage in said area, shall be in conformity with the procedure and protective wor#s contained in the proposal attached to the records of this case and found on pages +5.-+80 of the Rollo, which was thereby adopted by reference and made an integral part of the decision, until the corresponding restraining and@or in(unctive relief is granted by the proper Court upon ""$%?s institution of the necessary legal proceedings.chanroblesvirtualawlibrarychanrobles virtual lawlibrary ;ence, the "aguna "a#e $evelopment %uthority filed the instant petition for review oncertiorari, now doc#eted as G.). *o. ++0+.0, with prayer that the temporary restraining order lifted by the Court of %ppeals be re-issued until after final determination by this Court of the issue on the proper interpretation of the powers and authority of the ""$% under its enabling law.chanroblesvirtualawlibrarychanrobles virtual law library 4n 3uly, +0, +003, the Court issued a temporary restraining order 16 en(oining the City 5ayor of Caloocan and@or the City Government of Caloocan to cease and desist from dumping its garbage at the Tala !state, arangay Camarin, Caloocan City, effective as of this date and containing until otherwise ordered by the Court.chanroblesvirtualawlibrarychanrobles virtual lawlibrary /t is significant to note that while both parties in this case agree on the need to protect the environment and to maintain the ecological balance of the surrounding areas of the Camarin open dumpsite, the 9uestion as to which agency can lawfully e:ercise (urisdiction over the matter remains highly open to 9uestion.chanroblesvirtualawlibrarychanrobles virtual law library The City Government of Caloocan claims that it is within its power, as a local government unit, pursuant to the general welfare provision of the "ocal Government Code, 1, to determine the effects of the operation of the dumpsite on the ecological balance and to see that such balance is maintained. 4n the basis of said contention, it 9uestioned, from the inception of the dispute before the )egional Trial Court of Caloocan City, the power and authority of the ""$% to issue a cease and desist order en(oining the dumping of garbage in the arangay Camarin over which the City Government of Caloocan has territorial (urisdiction.chanroblesvirtualawlibrarychanrobles virtual lawlibrary The Court of %ppeals sustained the position of the City of Caloocan on the theory that 1ection , of 2residential $ecree *o. 06-, otherwise #nown as the 2ollution Control law, authori=ing the defunct *ational 2ollution Control Commission to issue an e'( partecease and desist order was not incorporated in 2residential $ecree *o. 6+3 nor in !:ecutive 4rder *o. 0.,, series of +063. The Court of %ppeals ruled that under 1ection -, par. &d', of )epublic %ct *o. -650, as amended, the ""$% is instead re9uired >to institute the necessary legal proceeding against any person who shall commence to implement or continue implementation of any pro(ect, plan or program within the "aguna de ay region without previous clearance from the %uthority.>chanrobles virtual law library The ""$% now assails, in this partition for review, the abovementioned ruling of the Court of %ppeals, contending that, as an administrative agency which was granted regulatory and ad(udicatory powers and functions by )epublic %ct *o. -650 and its amendatory laws, 2residential $ecree *o. 6+3 and !:ecutive 4rder *o. 0.,, series of +063, it is invested with the power and authority to issue a cease and desist order pursuant to 1ection - par. &c', &d', &e', &f' and &g' of !:ecutive 4rder *o. 0., series of +063 which provides, thusA 1ec. -. Additional Powers and )unctions. The authority shall have the following powers and functionsA ::: ::: ::: chanrobles virtual law library &c' /ssue orders or decisions to compel compliance with the provisions of this !:ecutive 4rder and its implementing rules and regulations only after proper notice and hearing.chanroblesvirtualawlibrarychanrobles virtual law library &d' 5a#e, alter or modify orders re9uiring the discontinuance of pollution specifying the conditions and the time within which such discontinuance must be accomplished.chanroblesvirtualawlibrarychanrobles virtual law library &e' /ssue, renew, or deny permits, under such conditions as it may determine to be reasonable, for the prevention and abatement of pollution, for the discharge of sewage, industrial waste, or for the installation or operation of sewage wor#s and industrial disposal system or parts thereof.chanroblesvirtualawlibrarychanrobles virtual law library &f' %fter due notice and hearing, the %uthority may also revo#e, suspend or modify any permit issued under this 4rder whenever the same is necessary to prevent or abate pollution.chanroblesvirtualawlibrarychanrobles virtual lawlibrary &g' $eputi=e in writing or re9uest assistance of appropriate government agencies or instrumentalities for the purpose of enforcing this !:ecutive 4rder and its implementing rules and regulations and the orders and decisions of the %uthority. The ""$% claims that the appellate court deliberately suppressed and totally disregarded the above provisions of !:ecutive 4rder *o. 0.,, series of +063, which granted administrative 9uasi- (udicial functions to ""$% on pollution abatement cases.chanroblesvirtualawlibrarychanrobles virtual law library /n light of the relevant environmental protection laws cited which are applicable in this case, and the corresponding overlapping (urisdiction of government agencies implementing these laws, the resolution of the issue of whether or not the ""$% has the authority and power to issue an order which, in its nature and effect was in(unctive, necessarily re9uires a determination of the threshold 9uestionA $oes the "aguna "a#e $evelopment %uthority, under its Charter and its amendatory laws, have the authority to entertain the complaint against the dumping of garbage in the open dumpsite in arangay Camarin authori=ed by the City Government of Caloocan which is allegedly endangering the health, safety, and welfare of the residents therein and the sanitation and 9uality of the water in the area brought about by e:posure to pollution caused by such open garbage dumpsiteCchanrobles virtual law library The matter of determining whether there is such pollution of the environment that re9uires control, if not prohibition, of the operation of a business establishment is essentially addressed to the !nvironmental 5anagement ureau &!5' of the $!*) which, by virtue of 1ection +8 of !:ecutive 4rder *o. +0., series of +06,, 15 has assumed the powers and functions of the defunct *ational 2ollution Control Commission created under )epublic %ct *o. 303+. <nder said !:ecutive 4rder, a 2ollution %d(udication oard &2%' under the 4ffice of the $!*) 1ecretary now assumes the powers and functions of the *ational 2ollution Control Commission with respect to ad(udication of pollution cases. 19 chanrobles virtual law library %s a general rule, the ad(udication of pollution cases generally pertains to the 2ollution %d(udication oard &2%', e:cept in cases where the special law provides for another forum. /t must be recogni=ed in this regard that the ""$%, as a speciali=ed administrative agency, is specifically mandated under )epublic %ct *o. -650 and its amendatory laws to carry out and ma#e effective the declared national policy 20 of promoting and accelerating the development and balanced growth of the "aguna "a#e area and the surrounding provinces of )i=al and "aguna and the cities of 1an 2ablo, 5anila, 2asay, Due=on and Caloocan 21 with due regard and ade*uate provisions for environ$ental $anage$ent and control" preservation of the *uality of hu$an life and ecological syste$s" and the prevention of undue ecological disturbances" deterioration and pollution. <nder such a broad grant and power and authority, the ""$%, by virtue of its special charter, obviously has the responsibility to protect the inhabitants of the "aguna "a#e region from the deleterious effects of pollutants emanating from the discharge of wastes from the surrounding areas. /n carrying out the aforementioned declared policy, the ""$% is mandated, among others, to pass upon and approve or disapprove all plans, programs, and pro(ects proposed by local government offices@agencies within the region, public corporations, and private persons or enterprises where such plans, programs and@or pro(ects are related to those of the ""$% for the development of the region. 22 chanrobles virtual lawlibrary /n the instant case, when the complainant Tas# 7orce Camarin $umpsite of 4ur "ady of "ourdes 2arish, arangay Camarin, Caloocan City, filed its letter-complaint before the ""$%, the latter?s (urisdiction under its charter was validly invo#ed by complainant on the basis of its allegation that the open dumpsite pro(ect of the City Government of Caloocan in arangay Camarin was underta#en without a clearance from the ""$%, as re9uired under 1ection -, par. &d', of )epublic %ct. *o. -650, as amended by 2.$. *o. 6+3 and !:ecutive 4rder *o. 0.,. Ehile there is also an allegation that the said pro(ect was without an !nvironmental Compliance Certificate from the !nvironmental 5anagement ureau &!5' of the $!*), the primary (urisdiction of the ""$% over this case was recogni=ed by the !nvironmental 5anagement ureau of the $!*) when the latter acted as intermediary at the meeting among the representatives of the City Government of Caloocan, Tas# 7orce Camarin $umpsite and ""$% sometime in 3uly +00. to discuss the possibility of re-opening the open dumpsite.chanroblesvirtualawlibrarychanrobles virtual lawlibrary ;aving thus resolved the threshold 9uestion, the in9uiry then narrows down to the following issueA $oes the ""$% have the power and authority to issue a >cease and desist> order under )epublic %ct *o. -650 and its amendatory laws, on the basis of the facts presented in this case, en(oining the dumping of garbage in Tala !state, arangay Camarin, Caloocan City.chanroblesvirtualawlibrarychanrobles virtual law library The irresistible answer is in the affirmative.chanroblesvirtualawlibrarychanrobles virtual lawlibrary The cease and desist order issued by the ""$% re9uiring the City Government of Caloocan to stop dumping its garbage in the Camarin open dumpsite found by the ""$% to have been done in violation of )epublic %ct *o. -650, as amended, and other relevant environment laws, 23 cannot be stamped as an unauthori=ed e:ercise by the ""$% of in(unctive powers. y its e:press terms, )epublic %ct *o. -650, as amended by 2.$. *o. 6+3 and !:ecutive 4rder *o. 0.,, series of +063, authori=es the ""$% to >$a+e, alter or modify order re9uiring the discontinuance or pollution.> 24 &!mphasis supplied' 1ection -, par. &d' e:plicitly authori=es the ""$% to $a+e whatever order may be necessary in the e:ercise of its (urisdiction.chanroblesvirtualawlibrarychanrobles virtual lawlibrary To be sure, the ""$% was not e:pressly conferred the power >to issue and e'(partecease and desist order> in a language, as suggested by the City Government of Caloocan, similar to the e:press grant to the defunct *ational 2ollution Control Commission under 1ection , of 2.$. *o. 06- which, admittedly was not reproduced in 2.$. *o. 6+3 and !.4. *o. 0.,, series of +063. ;owever, it would be a mista#e to draw therefrom the conclusion that there is a denial of the power to issue the order in 9uestion when the power >to $a+e, alter or modify orders re9uiring the discontinuance of pollution> is e:pressly and clearly bestowed upon the ""$% by !:ecutive 4rder *o. 0.,, series of +063.chanroblesvirtualawlibrarychanrobles virtual law library %ssuming arguendo that the authority to issue a >cease and desist order> were not e:pressly conferred by law, there is (urisprudence enough to the effect that the rule granting such authority need not necessarily be e:press. 24 Ehile it is a fundamental rule that an administrative agency has only such powers as are e:pressly granted to it by law, it is li#ewise a settled rule that an administrative agency has also such powers as are necessarily implied in the e:ercise of its e:press powers. 26 /n the e:ercise, therefore, of its e:press powers under its charter as a regulatory and 9uasi-(udicial body with respect to pollution cases in the "aguna "a#e region, the authority of the ""$% to issue a >cease and desist order> is, perforce, implied. 4therwise, it may well be reduced to a >toothless> paper agency.chanroblesvirtualawlibrarychanrobles virtual lawlibrary /n this connection, it must be noted that in Pollution Ad,udication -oard v. Court of Appeals" et al., 2, the Court ruled that the 2ollution %d(udication oard &2%' has the power to issue an e'( parte cease and desist order when there is pri$a facie evidence of an establishment e:ceeding the allowable standards set by the anti-pollution laws of the country. The ponente, %ssociate 3ustice 7lorentino 2. 7eliciano, declaredA .' parte cease and desist orders are permitted by law and regulations in situations li#e that here presented precisely because stopping the continuous discharge of pollutive and untreated effluents into the rivers and other inland waters of the 2hilippines cannot be made to wait until protracted litigation over the ultimate correctness or propriety of such orders has run its full course, including multiple and se9uential appeals such as those which 1olar has ta#en, which of course may ta#e several years. The relevant pollution control statute and implementing regulations were enacted and promulgated in the e:ercise of that pervasive, sovereign power to protect the safety, health, and general welfare and comfort of the public, as well as the protection of plant and animal life, commonly designated as the police power. /t is a constitutional commonplace that the ordinary re9uirements of procedural due process yield to the necessities of protecting vital public interests li#e those here involved, through the e:ercise of police power. . . . The immediate response to the demands of >the necessities of protecting vital public interests> gives vitality to the statement on ecology embodied in the $eclaration of 2rinciples and 1tate 2olicies or the +06, Constitution. %rticle //, 1ection +8 which providesA The 1tate shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. %s a constitutionally guaranteed right of every person, it carries the correlative duty of non-impairment. This is but in consonance with the declared policy of the state >to protect and promote the right to health of the people and instill health consciousness among them.> 25 /t is to be borne in mind that the 2hilippines is party to the <niversal $eclaration of ;uman )ights and the %lma Conference $eclaration of +0,6 which recogni=e health as a fundamental human right. 29 chanrobles virtual lawlibrary The issuance, therefore, of the cease and desist order by the ""$%, as a practical matter of procedure under the circumstances of the case, is a proper e:ercise of its power and authority under its charter and its amendatory laws. ;ad the cease and desist order issued by the ""$% been complied with by the City Government of Caloocan as it did in the first instance, no further legal steps would have been necessary.chanroblesvirtualawlibrarychanrobles virtual lawlibrary The charter of ""$%, )epublic %ct *o. -650, as amended, instead of conferring upon the ""$% the means of directly enforcing such orders, has provided under its 1ection - &d' the power to institute >necessary legal proceeding against any person who shall commence to implement or continue implementation of any pro(ect, plan or program within the "aguna de ay region without previous clearance from the ""$%.>chanrobles virtual law library Clearly, said provision was designed to invest the ""$% with sufficiently broad powers in the regulation of all pro(ects initiated in the "aguna "a#e region, whether by the government or the private sector, insofar as the implementation of these pro(ects is concerned. /t was meant to deal with cases which might possibly arise where decisions or orders issued pursuant to the e:ercise of such broad powers may not be obeyed, resulting in the thwarting of its laudabe ob(ective. To meet such contingencies, then the writs of $anda$us and in(unction which are beyond the power of the ""$% to issue, may be sought from the proper courts.chanroblesvirtualawlibrarychanrobles virtual lawlibrary /nsofar as the implementation of relevant anti-pollution laws in the "aguna "a#e region and its surrounding provinces, cities and towns are concerned, the Court will not dwell further on the related issues raised which are more appropriately addressed to an administrative agency with the special #nowledge and e:pertise of the ""$%.chanroblesvirtualawlibrarychanrobles virtual lawlibrary E;!)!74)!, the petition is G)%*T!$. The temporary restraining order issued by the Court on 3uly +0, +003 en(oining the City 5ayor of Caloocan and@or the City Government of Caloocan from dumping their garbage at the Tala !state, arangay Camarin, Caloocan City is hereby made permanent.chanroblesvirtualawlibrarychanrobles virtual lawlibrary 14 4)$!)!$. )eliciano" -idin" Melo and /itug" %%." concur. Endnotes: + 3orge 1. /mperial, %., ponente, Ficente F. 5endo=a and Duirino $. %bad 1antos, 3r., %%., concurring.chanrobles virtual law library . %nne: >C>, 2etition, G.). *o. +0,5-., Rollo, pp. -,-5+.chanrobles virtual law library 3 Eebster?s Third /nternational $ictionary &+068' defines >leachate> as the li9uid that has percolated through soil or other medium.chanrobles virtual law library - !stablishing %n !nvironmental /mpact 1tatement 1ystem, /ncluding 4ther !nvironmental 5anagement )elated 5easures %nd 7or 4ther 2urposes &3une ++, +0,6'.chanrobles virtual lawlibrary 5 %n %ct Creating The "aguna "a#e $evelopment %uthority, 2rescribing /ts 2owers, 7unctions and $uties, 2roviding 7unds Therefor, %nd 7or 4ther 2urposes &3uly +6, +088'.chanrobles virtual lawlibrary 8 %nne: >$>, 2etition, G.). *o. +0,5-., Rollo, pp. 5.-5-.chanrobles virtual lawlibrary , 0bid.chanrobles virtual lawlibrary 6 %nne: >G>, 2etition, G.). *o. +0,5-., Rollo, pp. 56-83.chanrobles virtual lawlibrary 0 %nne: >5>, 2etition, G.). *o. +0,5-., Rollo, pp. ,,-6+.chanrobles virtual lawlibrary +0 %nne: >4>, 2etition, G.). *o. +0,5-., Rollo, pp. 63-00.chanrobles virtual law library ++ %nne: >%>, 2etition, G.). *o. +0,5-., Rollo, pp. .0-3,.chanrobles virtual law library +. G.). *o. +0,5-., Rollo, pp. 03-05.chanrobles virtual law library +3 G.). *o. +0,5-., Rollo, pp. 06-00.chanrobles virtual law library +- 0bid, p. 0,.chanrobles virtual lawlibrary +5 G.). *o. +0,5-., Rollo, pp. +.0-+30.chanrobles virtual lawlibrary +8 G.). *o. ++0+.0, Rollo, p. ,0.chanrobles virtual lawlibrary +, 1ection +8, )epublic %ct *o. ,+80, otherwise #nown as >The "ocal Government Code of +00+.> +6 2roviding 7or The )eorgani=ation 4f The $epartment 4f !nvironment, !nergy %nd *atural )esources, )enaming /t %s The $epartment of !nvironment and *atural )esources, %nd 7or 4ther 2urposes &3une +0, +06,'.chanrobles virtual law library +0 1ection +0, !:ecutive 4rder *o. +0., series of +06,.chanrobles virtual law library .0 1ection +, )epublic %ct *o. -650, as amended by 2.$. *o. 6+3 and !:ecutive 4rder *o. 0.,, series of +063.chanrobles virtual lawlibrary .+ 1ection -+, par. &-', )epublic %ct *o. -650, as amended by 2.$. *o. 6+3 and !:ecutive 4rder *o. 0.,, series of +063.chanrobles virtual lawlibrary .. 1ection -, par. &d', )epublic %ct *o. -650, as amended by 2.$. *o. 6+3 and !:ecutive 4rder *o. 0.,, series of +063. &!mphasis supplied' .3 1ections -5 and -6, 2residential $ecree *o. ++5., otherwise #nown as 2hilippine !nvironment Code which re9uires that solid waste disposal shall be by sanitary landfill, incineration, composting and other methods as may be approved by competent government authority and, that the sites shall conform with e:isting =oning, land use standards, and pollution control regulations, respectivelyB 1ection -, 2residential $ecree *o. +568.chanrobles virtual lawlibrary .- 1ection -, par. &d', !:ecutive 4rder *o. 0.,, series of +063.chanrobles virtual lawlibrary .5 5otor Transit Co. v. )ailroad Com., +60 C%" 5,3, .00 2 568.chanrobles virtual law library .8 )epublic v. Court of %ppeals, G.). *o. 00-6., %ugust 5, +00+, .00 1C)% .88B Guer=on v. Court of %ppeals, et al. G.). *o. ,,,0,, %ugust 6, +066, +8- 1C)% +6..chanrobles virtual lawlibrary ., G.). *o. 0360+, 5arch ++, +00+, +05 1C)% ++..chanrobles virtual law library .6 %rt. //, 1ection +5, +06, Constitution.chanrobles virtual law library .0 )ecord of the Constitutional Commission, 2roceedings and $ebates, Fol. ///, p. ++0.
The History of the Abolition of African Slave-Trade by the British Parliament: Account of the Rise, Progress, and Accomplishment of the Abolition of Slavery