G.R. No.

L-41958
Donald Mead  vs. Hon. Manuel Argel, CFI
July 20, 1982
FACTS:

Petitioner Donald Mead assailed the legal personality of the Provincial Fiscal to file an information
against him for his alleged violation of RA No. 3931 or An Act Creating a National Water and Air
Pollution Control Commission. Petitioner averred that the National Water and Air Pollution Control
Commission created under the said law has the authority to hear cases involving violations under
the same.

ISSUES:

Whether or not the filing of the information by the provincial fiscal was proper.

RULING:

The filing by the Provincial Fiscal of the case was premature sans the findings of the Commission on
the matter.

Petitioner was being sued for the offense of allegedly causing pollution of a waterway (highway
canal)(Sec 9). The Court held that the exclusive authority to determine whether or not ‘pollution’ did
exist is vested in the Commission, who is in better position to determine the same for such requires
specialized knowledge of technical and scientific matters which are not ordinarily within the
competence of Fiscals or of those sitting in a court of justice (Sec 8).

Unless the case involves that of nuisance under the Civil Code or until there is a ruling by the
Commission on the alleged act of pollution, no court action shall be initiated (Sec8).

Without a prior determination or finding by the Commission that the provisions of the subject law had
been violated, the provincial Fiscal lacked the authority to file the case against petitioner.