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LLDA Authority on Dumpsite Cease Order

The Laguna Lake Development Authority (LLDA) found that the City Government of Caloocan was operating an open dumpsite at Camarin without securing an Environmental Compliance Certificate or clearance from the LLDA as required by law. The LLDA issued a cease and desist order against the City Government. The issues are whether the LLDA has the authority to handle complaints about dumping in Laguna Lake and to issue cease and desist orders. Applicable laws include an executive order giving the LLDA power to issue orders requiring discontinuation of pollution and a general rule that pollution cases are adjudicated by the Pollution Adjudication Board, except where a special law provides another forum.

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50 views1 page

LLDA Authority on Dumpsite Cease Order

The Laguna Lake Development Authority (LLDA) found that the City Government of Caloocan was operating an open dumpsite at Camarin without securing an Environmental Compliance Certificate or clearance from the LLDA as required by law. The LLDA issued a cease and desist order against the City Government. The issues are whether the LLDA has the authority to handle complaints about dumping in Laguna Lake and to issue cease and desist orders. Applicable laws include an executive order giving the LLDA power to issue orders requiring discontinuation of pollution and a general rule that pollution cases are adjudicated by the Pollution Adjudication Board, except where a special law provides another forum.

Uploaded by

MJ Cems
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Laguna Lake Development Authority v CA (Environmental

Law)
Laguna Lake Development Authority v CA
GR No. 110120
March 16, 1994
FACTS:
The LLDA Legal and Technical personnel found that the City Government of Caloocan was maintaining
an open dumpsite at the Camarin area without first securing an Environmental Compliance
Certificate (ECC) from the Environmental Management Bureau (EMB) of the Department of
Environment and Natural Resources, as required under Presidential Decree N o. 1586, and
clearance from LLDA as required under Republic Act N o. 4850 and issued a CEASE and DESIST
ORDER (CDO) for the City Government of Caloocan to stop the use of the dumpsite.
ISSUES:
1. Does the LLDA and its amendatory laws, have the authority to entertain the
complaint against the dumping of garbage in the open dumpsite in Barangay
Camarin authorized by the City Government of Caloocan?
2. Does the LLDA have the power and authority to issue a "cease and desist" order?
APPLICABLE LAWS:
Executive Order N o. 927 series of 1983 which provides, thus: Sec. 4. Additional Powers
and Functions. The authority shall have the following powers and functions: (d) Make,
alter or modify orders requiring the discontinuance of pollution specifying the
conditions and the time within which such discontinuance must be accomplished
As a general rule, the adjudication of pollution cases generally pertains to the Pollution
Adjudication Board (PAB), except in cases w here the special law provides for
another forum

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