You are on page 1of 4

OPOSA

VS. FACTORAN
FACTS:
1. The plaintiffs in this case are all minors duly
represented by their parents.
2. The complaint was filed as a taxpayers class suit
against the Secretary of the Department of
Environment and Natural Resources (DENR)
3. Plaintiffs alleged that they are entitled to the natural
resources treasure that is the countrys virgin tropical
forests
4. They further asseverate that they represent the
generation as well as the generations yet unborn.
5. And that such continuation would result in
environmental tragedies.
6. Plaintiffs prayed that judgment be rendered ordering
the respondent, his agents, representatives, and other
persons acting in his behalf to cancel all existing
Timber License Agreement (TLA) in the country and to
cease and desist from receiving or approving new TLAs.
7. Defendant filed a motion to dismiss on the ground that
the complaint had no cause of action against him.
8. The RTC Judge sustained the motion to dismiss.
9. Plaintiff thus filed a special civil action for certiorari.
ISSUE:

Whether or not the plaintiffs have a cause of action
RULING:
1. The complaint focuses on one fundamental legal right-
the right to a balance and healthful ecology which is
incorporated in Section 16 Article II of the Constitution.
2. The said right carries with it the duty to refrain from
impairing the environment

3. Section 4 of EO 192 expressly mandates the DENR to


be the primary government agency responsible for the
governing and supervising the exploration, utilization,
development and conservation of the countrys natural
resources
4. Both EO 192 and Administrative Code of 1987 have set
the objectives which will serve as the bases for policy
formation, and have defined the powers and functions
of the DENR
5. A denial or violation of that right by the other who has
the correlative duty or obligation to respect or protect
the same gives rise to a cause of action.

MANILA PRINCE HOTEL VS. GSIS
FACTS:
1. The Government Service Insurance System decided to
sell through public bidding 30% to 51% of the issued
and outstanding shares of the Manila Hotel.
2. In a close bidding held on September 18, 1995 only
two bidders participated: (a) Manila Prince Hotel
Corporation, a Filipino corporation, which offered to
buy 51% of the MHC or 15,300,000 shares at P41.58
per share and (b) Renong Berhad, a Malaysian firm,
which bid for the same number of shares at P44.00 per
share, or P2.42 more than the bid of petitioner.
3. Pending the declaration of Renong Berhad as the
winning bidder and the execution of the necessary
contracts, the Manila Prince Hotel matched the bid
price of P44.00 in a letter to GSIS.
4. Manila Prince Hotel sent a managers check to the GSIS
but GSIS refused to accept.

5. Manila Prince Hotel then came to the court on


prohibition and mandamus.
ISSUE:

Whether or not the provisions of the Constitution are
self-executing.
RULING:
1. A provision which lays down a general principle, such
as those found in Article II of the 1987 Constitution, is
usually not self-executing.
2. A constitutional provision is self-executing if the nature
and extent of the right conferred and the liability
imposed are fixed by the Constitution itself and there
is no language indicating that the subject is referred to
the legislature for action.
3. Unless it is expressly provided that a legislative act is
necessary to enforce a constitutional mandate, the
presumption now is that all provisions of the
Constitution are self-executing.
4. If the Constitutional provisions are treated as requiring
legislation instead of self-executing, the legislative
would have the power to ignore and practically nullify
the mandate of the fundamental law.

MMDA, ET AL. VS. CONCERNED RESIDENTS OF MANILA BAY
FACTS:
1. On January 29, 1999, respondents Concerned
Residents of Manila Bay filed a Complaint before the
Regional Trial Court against several government
agencies for the cleanup, rehabilitation, and protection
of the Manila Bay, and to submit to the RTC a concrete
plan of action for the purpose.

2. The complaint alleged that the water quality of the


Manila Bay had fallen way below the allowable
standards set by law.
3. The RTC held petitioners liable and ordered to clean up
and rehabilitate Manila Bay and to restore its water
quality to class B waters fit for swimming, skin-diving,
and other forms of contact recreation.
4. Herein petitioners appealed before the Court of
Appeals contending that the pertinent provisions of
the Environment Code (PD 1152) relate only to the
cleaning of specific pollution incidents and do not
cover cleaning in general. They also asserted that the
cleaning of the Manila Bay is not a ministerial act
which can be compelled by mandamus.
ISSUE:
(1) Whether or not Sections 17 and 20 of PD 1152
under the headings, Upgrading of Water Quality
and Clean-up operations, envisage a cleanup in
general or are they limited only to the cleanup of
specific pollution incidents;
(2) Whether or not petitioners be compelled by
mandamus to clean up and rehabilitate the Manila
Bay.
RULING:
First Issue:
1. Section 17 does not in any way state that the
government agencies concerned ought to confine
themselves to the containment, removal, and cleaning
operations when a specific pollution incident occurs.
On the contrary, Section 17 requires them to act even
in the absence of a specific pollution incident, as long

as water quality has deteriorated to a degree where


its state will adversely affect its best usage. This
section, to stress, commands concerned government
agencies, when appropriate, to take such measures as
may be necessary to meet the prescribed water quality
standards. In fine, the underlying duty to upgrade the
quality of water is not conditional on the occurrence of
any pollution incident.
2. Granting arguendo that petitioners position thus
described vis--vis the implementation of Section 20 is
correct, they seem to have overlooked the fact that
the pollution of the Manila Bay is of such magnitude
and scope that it is well-nigh impossible to draw the
line between a specific and a general pollution
incident. And such impossibility extends to pinpointing
with reasonable certainty who the polluters are.
Second Issue:
3. SC held that the cleaning up and rehabilitating Manila
Bay is ministerial in nature and can be compelled by
mandamus.
4. These government agencies are enjoined, as a matter
of statutory obligation, to perform certain functions
relating directly or indirectly to the clean up,
rehabilitation, protection, and preservation of the
Manila Bay. They are precluded from choosing not to
perform these duties. So, their functions being
ministerial in nature can be compelled by mandamus.
NOTES:
SECTION 17. Upgrading of Water Quality. Where the quality
of water has deteriorated to a degree where its state will
adversely affect its best usage, the government agencies

concerned shall take such measure as may be necessary to


upgrade the quality of such water to meet the prescribed
water quality standards.

SECTION 20. Clean-up Operations. It shall be the
responsibility of the polluter to contain, remove and clean-up
water pollution incidents at his own expense. In case of his
failure to do so, the government agencies concerned shall
undertake containment, removal and clean-up operations and
expenses incurred in said operations shall be charged against
the persons and/or entities responsible for such pollution.

RELATED AGENCIES WHICH THE SUPREME COURT ENJOINED
IN THE CLEANING OF MANILA BAY:
1. MWSS- to provide, install, operate, and maintain the
necessary adequate waste water treatment facilities in
Metro Manila, Rizal, and Cavite where needed at the
earliest possible time.
2. LWUA- ordered to provide, install, operate, and
maintain sewerage and sanitation facilities and the
efficient and safe collection, treatment, and disposal of
sewage in the provinces of Laguna, Cavite, Bulacan,
Pampanga, and Bataan where needed at the earlist
possible time.
3. DA through the BFAR- ordered to improve and restore
the marine life of the Manila Bay. It is also directed to
assist the LGUs I Metro Manila, Rizal, Cavite, Laguna,
Bulacan, Pampanga, and Bataan in developing, using
recognized methods, the fisheries and aquatic
resources in the Manila Bay.

4. PCG and the PNP MARTIME GROUP- in coordination


with each other, shall apprehend violators of PD 979,
RA 8550, and other existing laws and regulations
designed to prevent marine pollution in the Manila
Bay.
5. PPA- ordered to immediately adopt such measures to
prevent the discharge and dumping of solid and liquid
wastes and other ship-generated wastes into the
Manila Bay waters from vessels docked at ports.
6. DPWH-remove and demolish all structures,
constructions and other encroachments built in breach
of RA 7279 and other applicable laws.
7. MMDA- ordered to establish, operate, and maintain a
sanitary landfill, as prescribed by RA 9003, within a
period of one year from finality of this Decision. Is also
ordered to cause the apprehension and filing of the
appropriate criminal cases against violators of the
respective penal provisions of RA 9003, Sec 27 of RA
9275 (The clean water act), and other existing laws on
pollution.
8. DOH- to determine if all licensed septic and sludge
companies have the proper facilities for the treatment
and disposal of fecal sludge and sewage coming from
septic tanks. The DOH shall give the companies, if
found to be non-complying, a reasonable time within
which to set up the necessary facilities under pain of
cancellation of its environmental sanitation clearance.
9. DepEd- shall integrate lessons on pollution prevention,
waste management, environmental protection, and
like subjects in the school curricula of all levels to
inculcate in the minds and hearts of students and,

through them, their parents and friends, the


importance of their duty toward achieving and
maintaining a balanced and healthful ecosystem in the
Manila Bay and the entire Philippine archipelago.
10. DBM- shall consider incorporating an adequate budget
in the General Appropriations Act of 2010 and
succeeding years to cover the expenses relating to the
cleanup, restoration, and preservation of the water
quality of the Manila Bay, in line with the countrys
development objective to attain economic growth in a
manner consistent with the protection, preservation,
and revival of our marine waters.