Professional Documents
Culture Documents
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G.R. No. 129546. December 13, 2005.
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* EN BANC.
437
flashfloods that not only damage to property but also cause loss of
lives.—Water is life, and must be saved at all costs. In Collado v.
Court of Appeals, we had occasion to reaffirm our previous
discussion in Sta. Rosa Realty Development Corporation v. Court
of Appeals, on the primordial importance of watershed areas,
thus: “The most important product of a watershed is water, which
is one of the most important human necessities. The protection of
watersheds ensures an adequate supply of water for future
generations and the control of flashfloods that not only damage
property but also cause loss of lives. Protection of watersheds is
an “intergenerational” responsibility that needs to be answered
now.”
Same; Same; Same; Department of Environment and Natural
Resources (DENR) was mandated to be the primary government
agency responsible for the conservation, management, development
and proper use of the country’s environment and natural resources
specifically forest and grazing lands, mineral resources including
those in reservation and watershed areas and lands of the public
domain.—The state is, and always has been, zealous in
preserving as much of our natural and national heritage as it can,
enshrining as it did the obligation to preserve and protect the
same within the text of our fundamental law. It was with this
objective in mind that the respondent DENR was mandated by
then President Corazon C. Aquino, under Section 4 of Executive
Order No. 192, otherwise known as “The Reorganization Act of
the Department of Environment and Natural Resources,” to be
“the primary government agency responsible for the
conservation, management, development and proper use of
the country’s environment and natural resources, specifically
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438
439
CHICO-NAZARIO, J.:
1
The earth belongs in usufruct to the living.
At the height of the garbage crisis plaguing Metro
Manila and its environs, parts of the Marikina Watershed
Reservation were set aside by the Office of the President,
through Proclamation No. 635 dated 28 August 1995, for
use as a sanitary landfill and similar waste disposal
applications. In fact, this site, extending to more or less 18
hectares,
2
had already been in operation since 19 February
1990 for the solid wastes of Quezon City, Marikina,
3
San
Juan, Mandaluyong, Pateros, Pasig, and Taguig.
This is a petition filed by the Province of Rizal, the
municipality of San Mateo, and various concerned citizens
for review on certiorari of the Decision of the Court of
Appeals in CA-G.R. SP No. 41330, denying, for lack of
cause of action, the petition for certiorari, prohibition and
mandamus with application for a temporary restraining
order/writ of preliminary injunction assailing the legality
and constitutionality of Proclamation No. 635.
The facts are documented in painstaking detail.
On 17 November 1988, the respondent Secretaries of the
Department of Public Works and Highways (DPWH) and
the Department of Environment and Natural Resources
(DENR) and the Governor of the Metropolitan Manila
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Commission (MMC)4
entered into a Memorandum of
Agreement (MOA), which provides in part:
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1 Thomas Jefferson.
2 Resolution No. 95-79 of the Office of the Sangguniang Bayan,
Municipality of San Mateo, Province of Rizal, CA Rollo, pp. 70-71.
3 CA Rollo, p. 53.
4 CA Rollo, pp. 35-36.
440
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“Observations:
3.1 The subject area is arable and agricultural in nature;
3.2 Soil type and its topography are favorable for agricultural
and forestry productions;
...
3.5 Said Dumping Site is observed to be confined within
the said Watershed Reservation, bearing in the northeastern
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441
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“Findings show that the areas used as Dumping Site of the MMC
are found to be within the Marikina Watershed which are part of
the Inte-
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442
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8 CA Rollo, p. 51.
443
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9 CA Rollo, p. 52.
10 CA Rollo, p. 55.
444
11
On 14 July 1993, another Investigation Report submitted
by the Regional Technical Director to the DENR
Undersecretary for Environment and Research contained
the following findings and recommendations:
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odor have (sic) greatly affected the pupils who are sometimes sick
with respiratory illnesses. These odors show that MMA have (sic)
not instituted/sprayed any disinfectant chemicals to prevent air
pollution in the area. Besides large flies (Bangaw) are swarming
all over the playground of the school. The teacher also informed
the undersigned that plastic debris are being blown whenever the
wind blows in their direction.
7. As per investigation report . . . there are now 15 hectares
being used as landfill disposal sites by the MMA. The MMA is
intending to expand its operation within the 50 hectares.
8. Lots occupied within 50 hectares are fully planted with fruit
bearing trees like Mangoes, Santol, Jackfruit, Kasoy, Guyabano,
Kalamansi and Citrus which are now bearing fruits and being
harvested and marketed to nearby San Mateo Market and
Masinag Market in Antipolo.
....
Recommendations:
1. As previously recommended, the undersigned also strongly
recommend(s) that the MMA be made to relocate the landfill site
because the area is within the Marikina Watershed Reservation
and Lungsod Silangan. The leachate treatment plant ha(s) been
eroded twice already and
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11 Subject: Pertinent Activities Related to the San Mateo Landfill and the
Proposed Integrated Social Forestry Project at Pintong Bocaue, San Mateo, Rizal;
CA Rollo, pp. 56-60.
445
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Mateo and the nearby affected residents who have been in the
area for almost 10-20 years.
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12 CA Rollo, p. 61.
13 CA Rollo, pp. 65-66.
446
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447
448
“. . . .
449
4.21 The present site at San Mateo was selected because, at the
time consideration was being made, and up to the present,
it is found to have the attributes that positively respond to
the criteria established:
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4.21.1 The site was a government property and would not require
any outlay for it to be acquired.
4.21.2 It is far from any sizeable community/settlements that
could be affected by the development that would be
introduced and yet, was within economic hauling distance
from the areas they are designed to serve.
450
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451
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452
II
III
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16 CA Rollo, p. 411.
453
IV
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VI
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454
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18 Rollo, p. 265.
19 Rollo, pp. 343-348.
20 Rollo, p. 344.
21 Rollo, pp. 345, 364.
22 Rollo, pp. 350-352.
23 Rollo, p. 355.
455
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456
29
included in the memorandum, certain events we shall
relate below have inclined us to address some of the more
pertinent issues raised in the petition for the guidance of
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457
“….. In Abe vs. Foster Wheeler Corp., this Court stated: “The
freedom of contract, under our system of government, is
not meant to be absolute. The same is understood to be subject
to reasonable legislative regulation aimed at the promotion of
public health, moral, safety and welfare. In other words, the
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33 CA Rollo, p. 51.
34 CA Rollo, p. 52.
35 Subject: Pertinent Activities Related to the San Mateo Landfill and
the Proposed Integrated Social Forestry Project at Pintong Bocaue, San
Mateo, Rizal; CA Rollo, pp. 56-60.
36 G.R. No. 107764, 04 October 2002, 390 SCRA 343, 359-360.
37 G.R. No. 112526, 12 October 2001, 367 SCRA 175.
38 Collado v. Court of Appeals, G.R. No. 107764, 04 October 2002, 390
SCRA 343, 359-360, citing Sta. Rosa Realty Development Corporation v.
Court of Appeals, G.R. No. 112526, 12 October 2001, 367 SCRA 175.
459
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460
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In Cruz 41
v. Secretary of Environment and Natural
Resources, we had occasion to observe that “(o)ne of the
fixed and dominating objectives of the 1935 Constitutional
Convention was the nationalization and conservation of the
natural resources of the country. There was an
overwhelming sentiment in the convention in favor of the
principle of state ownership of natural resources and the
adoption of the Regalian doctrine. State ownership of
natural resources was seen as a necessary starting point to
secure recognition of the state’s power to control 42 their
disposition, exploitation, development, or utilization.”
The Regalian doctrine was embodied in the 1935
Constitution, in Section 1 of Article XIII on “Conservation
and Utilization of Natural Resources.” This was reiterated
in the 1973 Constitution under Article XIV on the
“National Economy and the Patrimony of the Nation,” and
reaffirmed in the 1987 Constitution in Section 2 of Article
XII on “National Economy and Patrimony,” to wit:
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461
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462
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SEC. 1. Declaration of Policy.—(1) The State shall ensure, for the benefit
of the Filipino people, the full exploration and development as well as the
judicious disposition, utilization, management, renewal and
conservation of the country’s forest, mineral, land, waters, fisheries,
wildlife, off-shore areas and other natural resources, consistent with
the necessity of maintaining a sound ecological balance and
protecting and enhancing the quality of the environment and the
objective of making the exploration, development and utilization of such
natural resources equitably accessible to the different segments of the
present as well as future generations.
(2) The State shall likewise recognize and apply a true value system
that takes into account social and environmental cost implications
relative to the utilization, development and conservation of our natural
resources.
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46 Oposa v. Factoran, G.R. No. 101083, 30 July 1993, 224 SCRA 792,
806-807.
463
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465
466
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467
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468
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51 CA Rollo, p. 407.
52 Agpalo, Statutory Construction, citing De los Santos v. Mallare, 87
Phil. 289 (1950); Republic v. Go Bon Lee, 111 Phil. 805; 1 SCRA 1166
(1961); Tañada v. Cuenco, 103 Phil. 1051 (1957).
53 Section 2 (a) and (b), Rep. Act No. 9003.
469
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——o0o——
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