Metropolitan Manila Development Authority v. Concerned Residents of Manila Bay G.R. Nos.

171947-
48, December 18, 2008, 574 SCRA 661

Syllabus: The writ of mandamus lies to require the execution of a ministerial duty. A ministerial duty is
one that “requires neither the exercise of official discretion nor judgment.” It connotes an act in which
nothing is left to the discretion of the person executing it. It is a “simple, definite duty arising under
conditions admitted or proved to exist and imposed by law.” Mandamus is available to compel action,
when refused, on matters involving discretion, but not to direct the exercise of judgment or discretion
one way or the other. RA No. 9003 is a sweeping piece of legislation enacted to radically transform and
improve waste management. It implements Section 16, Article II of the 1987 Constitution, which
explicitly provides that the State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature. So it was in Oposa v. Factoran, Jr.
that the Court stated that the right to a balanced and healthful ecology need not even be written in the
Constitution for it is assumed, like other civil and political rights guaranteed in the Bill of Rights, to exist
from the inception of mankind and it is an issue of transcendental importance with intergenerational
implications.

FACTS:

The Regional Trial Court directed government agencies to try and clean up Manila Bay. Per the
respondents under this action, the Concerned Citizens, the quality of water of Manila Bay has
deteriorated to the point that swimming is no longer permitted.

Petitioners contended that the requirements of PD No. 1152 (Clean Manila Bay) only relate to
specific environmental situations and do not apply to general cleanup in general.

ISSUES:

1. If the cleansing of Manila Bay is a ministerial act that can be compelled by mandamus.
2. Is it true that Sections 17 and 20 of PD No. 1152 only apply to the cleanup of contaminated
areas?

RULING:

1. Yes. Manila Bay cleanup is a ministerial act that may be imposed by mandamus.’

Mandamus can be used to compel the cleaning and repair of Manila Bay. Relying on respective
charters, it is obvious that all these government entities also are obligated to execute specific
responsibilities related to a cleanup, rehabilitation, protection, and preservation of the Manila Bay,
whether explicitly or implicitly. Section 41 of the Ecological Solid Waste Management Act requires the
MMDA to comply (RA No. 9003).

2. No. General cleaning is also covered in sections 17 and 20.

Section 17 states that unless the quality of the water is worsened, the government entities
responsible must take action to restore the minimum quality of the water. Sections 62(g) and (h) of the
same Code, which state that oil spills are the source of pollution and must be addressed in cleaning
activities, actually increased the scope of Section 20.