De La Salle University

Finals Exam for Natural Resources and Environmental Law

By

Manuel Angelo V. Prieto

G02

In partial fulfillment of

The requirements for Natural Resources

and Environmental Law

December 6, 2018
 REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT

Branch _____

Concerned Residents of Pasig

-versus- CIVIL CASE NO.__________

For: Continuing Mandamus

Metropolitan Manila Development Authority,

MMDA Chairman Danilo Lim

 COMPLAINT

COMES NOW, the plaintiff, and unto this Honorable Court, most respectfully avers:

1. That plaintiff is of legal age, Filipino Citizen, with postal address at #54 Kalinangan

St. Barangay Caniogan Pasig City;

2. That defendant, of legal age, Filipino citizen, with postal address at Traffic District

Office, Commonwealth Ave, Matandang Balara, Quezon City, 1114 Metro Manila,

where they may be served with summons and other processes by this Honorable Court;

3. That the reckless, wholesale, accumulated and ongoing acts of omission or commission

of the defendants resulting in the clear and present danger to public health and in the

depletion and contamination of the marine life of Pasig River, for which reason ALL

defendants must be held jointly and/or solidarily liable and be collectively ordered to

clean up Manila Bay and to restore its water quality to class B waters fit for swimming,

skin-diving, and other forms of contact recreation.

4. That the continued neglect of petitioners in abating the pollution of the Pasig

River constitutes a violation of, among others: (1) Respondents constitutional right to

life, health, and a balanced ecology;(2) The Environment Code (PD 1152); (3) The

Pollution Control Law (PD 984);(4) The Water Code (PD 1067); (5) The Sanitation

Code (PD 856); (6) The Illegal Disposal of Wastes Decree (PD 825); (7) The Marine

Pollution Law (PD 979); (8) Executive Order No. 192; (9) The Toxic and Hazardous

Wastes Law (Republic Act No. 6969); (10) Civil Code provisions on nuisance and
 human relations; (11) The Trust Doctrine and the Principle of Guardianship; and (12)

International Law.

5. That due to the neglect and ignorance of the defendants, petitioners, being residents of

Pasig that have a right to a balanced and healthful ecology are entitled to demand that

defendants clean up Pasig River until the quality of the river has improved to Class B.

6. That in order to be able to maintain the cleanliness of Pasig River and ensure that the

residents living beside, along, and near the Pasig River are given their right to a

balanced and healthful ecology, a writ of continuing mandamus should be issued in

which the defendants shall be ordered to clean up the Pasig River and submit monthly

reports on the progress until the judgment is fully satisfied.

WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable

Court that, after hearing, judgment be rendered as follows:

1. Ordering the defendants abovementioned to clean up Pasig River and submit to the RTC a

concerted concrete plan of action for the purpose;

2. Ordering the defendants to continue cleaning the Pasig River for such a time as the Court

may determine and to submit monthly reports on the progress until the judgment is fully

satisfied pursuant to a writ of continuing mandamus.

Manila for Pasig City, December 6, 2018.

 PRIETO REYES ORTIZ

AND ARENAL LAW OFFICE

Counsel for the plaintiff

12 Kalinangan St. Barangay Caniogan

Pasig City, Metro Manila

By:

Juan Dela Cruz

IBP Lifetime No._______________

PTR NO. ____________________

Roll No.______________________

MCLE Exemption No.___________

Tel. No. 640-3576

 VERIFICATION/CERTIFICATION OF FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES)

CITY OF MANILA ) S.S.

We, Concerned Residents of Pasig, of legal age, Filipino Citizens, and Residents of Pasig

City, after having been duly sworn to in accordance with law do hereby depose and say:

1. That I am the plaintiff in the above-entitled case;

2. That I have caused the preparation of the foregoing Complaint and have read the

allegations contained therein;

3. The allegations in the complaint are true and correct of my own knowledge and

authentic records;

4. I hereby certify that I have not commenced any other action or proceeding involving

the same issues in the Supreme Court, Court of Appeals, or any other tribunal or

agency;

5. That if I should thereafter learn that a similar action or proceeding has been filed or is

pending before the Supreme Court, Court of Appeals, or any other tribunal or agency,

I hereby undertake to report that fact within five (5) days therefrom to the court or
 agency wherein the original pleading and sworn certification contemplated herein have

been filed;

6. I executed this verification/certification to attest to the truth of the foregoing facts and

to comply with the provisions of Adm. Circular No. 04-94 of the Honorable Supreme

Court

IN WITNESS WHEREOF, I have hereunto affixed my signature this 6th day of

December 2018, in the City of Pasig.

Juan Dela Cruz

SUBSCRIBED AND SWORN to before me this 6th day of December 2018, in the

City of Pasig.

Doc. No. ______;

Page No. ______;

Book No. ______;

Series of 2018.