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Documents - MX Case Digests Environmental Law
Documents - MX Case Digests Environmental Law
Issues:
1.Which agency of the government the LLDA or the towns and
municipalities comprising the region should exercise jurisdiction over the
Laguna lake and its environs insofar as the issuance of permits for fishery
privileges is concerned?
It may, however, be recalled that even before the ratification of the 1987 Petition is hereby GRANTED, and the challenged Order of respondent Judge
Constitution, specific statutes already paid special attention to the of 18 July 1991 dismissing Civil Case No. 90-777 is hereby set aside. The
"environmental right" of the present and future generations. On 6 June 1977, petitioners may therefore amend their complaint to implead as defendants
P.D. No. 1151 and P.D. No. 1152 were issued. Thus, the right of the the holders or grantees of the questioned timber license agreements.
petitioners to a balanced and healthful ecology is as clear as the DENR's
OPOSA VS. FACTORAN CASE DIGEST which is incorporated in Section 16 Article II of the Constitution. The said
(G.R. No. 101083, July 30, 1993) right carries with it the duty to refrain from impairing the environment and
implies, among many other things, the judicious management and
Facts: conservation of the country's forests. Section 4 of E.O. 192 expressly
The plaintiffs in this case are all minors duly represented and joined by their mandates the DENR to be the primary government agency responsible for
parents. The first complaint was filed as a taxpayer's class suit at the Branch the governing and supervising the exploration, utilization, development and
66 (Makati, Metro Manila), of the Regional Trial Court, National capital conservation of the country's natural resources. The policy declaration of
Judicial Region against defendant (respondent) Secretary of the Department E.O. 192 is also substantially re-stated in Title XIV Book IV of the
of Environment and Natural Reasources (DENR). Plaintiffs alleged that they Administrative Code of 1987. Both E.O. 192 and Administrative Code of 1987
are entitled to the full benefit, use and enjoyment of the natural resource have set the objectives which will serve as the bases for policy formation,
treasure that is the country's virgin tropical forests. They further asseverate and have defined the powers and functions of the DENR. Thus, right of the
that they represent their generation as well as generations yet unborn and petitioners (and all those they represent) to a balanced and healthful ecology
asserted that continued deforestation have caused a distortion and is as clear as DENR's duty to protect and advance the said right.
disturbance of the ecological balance and have resulted in a host of
environmental tragedies. A denial or violation of that right by the other who has the correlative duty or
obligation to respect or protect or respect the same gives rise to a cause of
Plaintiffs prayed that judgement be rendered ordering the respondent, his action. Petitioners maintain that the granting of the TLA, which they claim
agents, representatives and other persons acting in his behalf to cancel all was done with grave abuse of discretion, violated their right to a balance and
existing Timber License Agreement (TLA) in the country and to cease and healthful ecology. Hence, the full protection thereof requires that no further
desist from receiving, accepting, processing, renewing or approving new TLAs should be renewed or granted.
TLAs.
After careful examination of the petitioners' complaint, the Court finds it to be
Defendant, on the other hand, filed a motion to dismiss on the ground that adequate enough to show, prima facie, the claimed violation of their rights.
the complaint had no cause of action against him and that it raises a political
question.
Second Issue: Political Issue.
The RTC Judge sustained the motion to dismiss, further ruling that granting
of the relief prayed for would result in the impairment of contracts which is Second paragraph, Section 1 of Article VIII of the constitution provides for the
prohibited by the Constitution. expanded jurisdiction vested upon the Supreme Court. It allows the Court to
rule upon even on the wisdom of the decision of the Executive and
Plaintiffs (petitioners) thus filed the instant special civil action for certiorari Legislature and to declare their acts as invalid for lack or excess of
and asked the court to rescind and set aside the dismissal order on the jurisdiction because it is tainted with grave abuse of discretion.
ground that the respondent RTC Judge gravely abused his discretion in
dismissing the action.
Third Issue: Violation of the non-impairment clause.
Issues:
(1) Whether or not the plaintiffs have a cause of action. The Court held that the Timber License Agreement is an instrument by which
(2) Whether or not the complaint raises a political issue. the state regulates the utilization and disposition of forest resources to the
(3) Whether or not the original prayer of the plaintiffs result in the impairment end that public welfare is promoted. It is not a contract within the purview of
of contracts. the due process clause thus, the non-impairment clause cannot be invoked.
It can be validly withdraw whenever dictated by public interest or public
Ruling: welfare as in this case. The granting of license does not create irrevocable
First Issue: Cause of Action. rights, neither is it property or property rights.
Respondents aver that the petitioners failed to allege in their complaint a Moreover, the constitutional guaranty of non-impairment of obligations of
specific legal right violated by the respondent Secretary for which any relief is contract is limit by the exercise by the police power of the State, in the
provided by law. The Court did not agree with this. The complaint focuses on interest of public health, safety, moral and general welfare. In short, the non-
one fundamental legal right -- the right to a balanced and healthful ecology impairment clause must yield to the police power of the State.
TANO V SOCRATES
The instant petition, being impressed with merit, is hereby GRANTED and GR No. 110249
the RTC decision is SET ASIDE. August 21, 1997
Facts:
The Sangguniang Panlungsod ng Puerto Princesa City enacted
Ordinance N o. 15-92 which took effect on January 1, 1993 entitled:
"AN ORDINANCE BANNING THE SHIPMENT OF ALL LIVE FISH
AND LOBSTER OUTSIDE PUERTO PRINCESA CITY FROM JANUARY
1, 1993 TO JANUARY 1, 1998 AND PROVIDING EXEMPTIONS,
PENALTIES AND FOR OTHER PURPOSES THEREOF.
Issue:
Is the ordinance valid and constitutional?
APPLICABLE LAWS:
The Acting Mayor, in the letter, called the attention of petitioner to the
pollution emitted by the fumes of its plant whose offensive odor "not only
pollute the air in the locality but also affect the health of the residents in the
area," so that petitioner was ordered to stop its operation until further orders
and it was required to bring the following:
Building permit;
Mayor's permit; and
Region III-Department of Environment and Natural Resources Anti-Pollution REPUBLIC OF THE PHILIPPINES V CITY OF DAVAO
permit. GR No. 148622
September 12, 2002
This action of the Acting Mayor was in response to the complaint of the
residents of Barangay Guyong, Sta. Maria, Bulacan, directed to the Facts:
Provincial Governor through channels. On August 11, 2000, The City of Davao filed an application for a Certificate of
Non- Coverage (CNC) for its proposed project, the Davao City Artica Sports
NO.The closure order of the Acting Mayor was issued only after an Dome, with the Environmental Management Bureau (EMB), Region XI.
investigation was made. It found that the fumes emitted by the plant of
petitioner goes directly to the surrounding houses and that no proper air Issues:
pollution device has been installed. (1) Is an LGU like Davao exempt from the coverage of PD 1586?
(2) Is the project entitled to a Certificate of Non-Coverage (CNC)?
Petitioner failed to produce a building permit from the municipality of Sta.
Maria, but instead presented a building permit issued by an official of Makati. APPLICABLE LAWS:
While petitioner was able to present a temporary permit to operate by the
then National Pollution Control Commission on December 15, 1987, the Section 15 of Republic Act 7160,[5] otherwise known as the Local
permit was good only up to May 25, 1988. Petitioner had not exerted any Government Code, defines a local government unit as a body politic and
effort to extend or validate its permit much less to install any device to control corporate endowed with powers to be exercised by it in conformity with law.
the pollution and prevent any hazard to the health of the residents of the
community. Section 4 of PD 1586 clearly states that no person, partnership or
corporation shall undertake or operate any such declared environmentally
Petitioner takes note of the plea of petitioner focusing on its huge investment critical project or area without first securing an Environmental Compliance
in this dollar-earning industry. It must be stressed however, that concomitant certificate issued by the President or his duly authorized representative
with the need to promote investment and contribute to the growth of the
economy is the equally essential imperative of protecting the health, nay the Ruling:
very lives of the people, from the deleterious effect of the pollution of the (1) NO, IT IS WITHIN THE COVERAGE OF PD 1586. Found in Section 16
environment. of the Local Government Code is the duty of the LGUs to promote the
people's right to a balanced ecology. Pursuant to this, an LGU, like the City
of Davao, cannot claim exemption from the coverage of PD 1586. As a body
politic endowed with governmental functions, an LGU has the duty to ensure
the quality of the environment, which is the very same objective of PD 1586.
(2) YES. The Artica Sports Dome in Langub does not come close to any of
the projects or areas enumerated above. Neither is it analogous to any of
them. It is clear, therefore, that the said project is not classified as
environmentally critical, or within an environmentally critical area.
Consequently, the DENR has no choice but to issue the Certificate of Non-
Coverage. It becomes its ministerial duty, the performance of which can be
compelled by writ of mandamus, such as that issued by the trial court in the
case at bar.
Bangus Fry Fisherfolk VS Lanzanas as a necessary consequence, NAPOCOR or the provincial government of
G.R. No. 131442 July 10, 2003 Oriental Mindoro could not construct the mooring facility. The subsidiary
issue of non-compliance with pertinent local ordinances in the construction of
Facts: the mooring facility becomes immaterial for purposes of granting petitioners'
Regional Executive Director Antonio G. Principe ("RED Principe") of Region main prayer, which is the annulment of the ECC. Thus, if the court has
IV, Department of Environment and Natural Resources ("DENR"), issued an jurisdiction to determine the validity of the issuance of the ECC, then it has
Environmental Clearance Certificate ("ECC") in favor of respondent National jurisdiction to hear and decide petitioners' complaint.
Power Corporation ("NAPOCOR"). The ECC authorized NAPOCOR to
construct a temporary mooring facility in Minolo Cove, Sitio Minolo, Barangay Clearly, the Manila RTC has jurisdiction to determine the validity of the
San Isidro, Puerto Galera, Oriental Mindoro. The Sangguniang Bayan of issuance of the ECC, although it could not issue an injunctive writ against the
Puerto Galera has declared Minolo Cove, a mangrove area and breeding DENR or NAPOCOR. However, since the construction of the mooring facility
ground for bangus fry, an eco-tourist zone. could not proceed without a valid ECC, the validity of the ECC remains the
determinative issue in resolving petitioners' complaint.
The mooring facility would serve as the temporary docking site of
NAPOCOR's power barge, which, due to turbulent waters at its former
mooring site in Calapan, Oriental Mindoro, required relocation to a safer site
like Minolo Cove. The 14.4 megawatts power barge would provide the main
source of power for the entire province of Oriental Mindoro pending the
construction of a land-based power plant in Calapan, Oriental Mindoro. The
ECC for the mooring facility was valid for two years counted from its date of
issuance or until 30 June 1999. Petitioners, claiming to be fisherfolks from
Minolo, San Isidro, Puerto Galera, sought reconsideration of the ECC
issuance. Petitioners filed a complaint with the Regional Trial Court of Manila,
Branch 7, for the cancellation of the ECC and for the issuance of a writ of
injunction to stop the construction of the mooring facility.
Petitioners opposed the motion on the ground that there was no need to
exhaust administrative remedies. They argued that the issuance of the ECC
was in patent violation of Presidential Decree No. 1605, 8 Sections 26 and
27 of Republic Act No. 7160, and the provisions of DENR Department
Administrative Order No. 96-37 ("DAO 96-37") on the documentation of ECC
applications. Petitioners also claimed that the implementation of the ECC
was in patent violation of its terms. TC dismissed complaint.
Issue:
Whether the trial court erred in dismissing petitioners' complaint for lack of
cause action and lack of jurisdiction.
Held:
Jurisdiction over the subject matter of a case is conferred by law. Such
jurisdiction is determined by the allegations in the complaint, irrespective of
whether the plaintiff is entitled to all or some of the reliefs sought.
APPLICABLE LAWS: NOTE: This continuing mandamus is no longer applicable, since this is
institutionalized in the rules of procedure for environmental cases.
PD 1152 Philippine Environmental Code Section 17. Upgrading of Water
Quality. Where the quality of water has deteriorated t o a degree 20 days Temporary restraining order
where it s state will adversely affect its best u sage, the government
agencies concerned shall take such measures 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 operation
shall be charged against the persons and/ or entities responsible for such
pollution.