MMDA

 vs. 
Concerned Residents of Manila Bay
GRN 171947
Dec 18, 2008 

Facts:

Concerned Manila Bay residents filed a case with the Regional Trial Court (RTC) in Imus,
Cavite against multiple government entities, including the petitioners, for the cleanliness,
rehabilitation, and protection of the Manila Bay. According to the lawsuit, the water quality in
Manila Bay has deteriorated well beyond the permitted levels specified by law, especially
Presidential Decree No. (PD) 1152 or the Philippine Environment Code.
Respondents, in their capacity as plaintiffs a quo, requested that petitioners be directed to clean
up Manila Bay and present to the RTC a coordinated concrete plan of action for that end.
Issue:
Whether or not the petitioners can be compelled by mandamus to clean up and rehabilitate the
Manila Bay.

Issue:
Whether or not the petitioners can be compelled to clean up and rehabilitate the Manila Bay.

Ruling:

Yes. Petitioners can be compelled to clean up and rehabilitate the Manila Bay.
The implementation of the MMDA’s mandated tasks may entail a decision-making process, the
enforcement of the law or the very act of doing what the law exacts to be done is ministerial in
nature and may be compelled by mandamus.
The MMDA’s duty in the area of solid waste disposal, as may be noted, is set forth not only in
the Environment Code (PD 1152) and RA 9003, but in its charter as well. This duty of putting up
a proper waste disposal system cannot be characterized as discretionary. Any suggestion that
the MMDA has the option whether or not to perform its solid waste disposal-related duties ought
to be dismissed for want of legal basis.
A perusal of other petitioners’ respective charters or like enabling statutes and pertinent laws
would yield this conclusion: these government agencies are enjoined, as a matter of statutory
obligation, to perform certain functions relating directly or indirectly to the cleanup, rehabilitation,
protection, and preservation of the Manila Bay. They are precluded from choosing not to
perform these duties.