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G.R. No.

110120 March 16, 1994


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
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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.
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%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.
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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.
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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
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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.
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%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
$ecember +5, +00. to finish its study and review of respondent?s
technical plan with respect to the dumping of its garbage and in
the event of a re(ection of respondent?s technical plan or a failure
of settlement, the parties will submit within +0 days from notice
their respective memoranda on the merits of the case, after
which the petition shall be deemed submitted for
resolution.
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*otwithstanding such efforts, the parties failed to
settle the dispute.chanroblesvirtualawlibrarychanrobles virtual law library
4n %pril 30, +003, the Court of %ppeals promulgated its decision
holding thatA &+' the )egional Trial Court has no (urisdiction on
appeal to try, hear and decide the action for annulment of ""$%?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
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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,,
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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 $!*) 1ecretary now assumes
the powers and functions of the *ational 2ollution Control
Commission with respect to ad(udication of pollution cases.
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%s a general rule, the ad(udication of pollution cases generally
pertains to the 2ollution %d(udication oard &2%', e:cept in
cases where the special law provides for another forum. /t must
be recogni=ed in this regard that the ""$%, 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
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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
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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.
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/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,
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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.>
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&!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.
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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.
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/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.>
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/t is to be borne in mind that the 2hilippines is
party to the <niversal $eclaration of ;uman )ights and the %lma
Conference $eclaration of +0,6 which recogni=e health as a
fundamental human right.
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The issuance, therefore, of the cease and desist order by the
""$%, 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.

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