Province of Rizal, et al. v. Executive Secretary, et al. (G.R. No. 129546, Dacember 13, 2005, ‘The Supreme Court ruled that RA No. 9003 mandates the closure of the landfill in Bangus Fry Fisherfolk, et al. v. Hon. Lanzanas, et al. (G.R. No. 131442, July 10, 2003, 405 SCRAS20) (On June30, 1997, the Regional Executive Director of DENR Region I, issued an ECC in favor of National Power Corporation (NAPOCOR). The ECC authorized NAPOCOR to construct @ ‘temporary mooring facility in Minolo Cove, Sitio Minolo, Barangay San Isidro, Puerto Galera, Oriental Mindoro, despite the fact that the Sangguniang Bayan of Puerto Galera hasdeclared Minolo Cove, a mangrove area and breeding ground for bangus fry, an eco-tourist zone, Petitioners, who claim to be fisherfolks from the area, sought reconsideration of the ECC issuance. This, however, wasdenied. As resut, petitioners fled a complaint with the Manila Regicnal Trial Court, Branch 7, for the cancellation of the ECC and for the issuance ofa writ of injunction to stop the construction of the mooring facility. Thetrial court issued a temporary restraining order but this vas lifted leter on, Respondents ORMECO and the provincial officials of Oriental Mindoro moved to dismiss the complaint for failure of the petitioners, toexhaust administrative remedies. Petitioners claim that there wasnonead for exhaustion of remedies and cleim that the issuance of the ECC was a violation of DENR DAO No. 96-37 onthe documentation of ECC applications. ‘The Supreme Court ruled that administrative remedies should have been first exhausted and that the issuance of the ECC violated DENR DAO No, 96-37. Petitioners bypassed the DENR Secretary and immediately filed their complaint with ‘the Manila Regional Trial Court, depriving the DENR Secretary the opportunity to review the decision of his subordinate. Under the Procedural Manual for DAO No. 96-37 and applicable jurisprudence, petitioners’ omission renders their complaint dismissible for lack of cause of action. The Manila Regional Trial Court therefore did not err in dismissing petitioners! complaint for lack of cause of action. Presidential Decree No. 1605 provides that the construction of any commercial structure within the coves and waters embraced by Puerto Galera Bay, as protected by Medio Island, is prohibited. PDNo. 1505 does not apply to this, case. The mooring facility is obviously a government-owned public infrastructure intended to serve a basic need of the people of Oriental Mindoro. The mooring facility is not @ “commercial structure, commercial or semi-commercial wharf or commercial docking” as contemplated in Section 1 of PD No. 1605. Therefore, the issuance of the ECC does not, violate PD No. 1605 which applies only to commercial structures like wharves, marinas, hotels andrrestaurants.