CASE NO.

04
Osmeña v. Garganera
G.R. No. 231164 March 20, 2018

Facts:

This case involves a petition for review on certiorari filed by Mayor Tomas R.
Osmeña, in his capacity as City Mayor of Cebu, seeking to reverse the decision and
resolution of the Court of Appeals (CA) in CA-G.R. SP No. 004WK. The CA
granted the privilege of the writ of kalikasan and ordered Mayor Osmeña to
permanently cease and desist from dumping or disposing garbage at the Inayawan
landfill and to continue its rehabilitation.

In 1993, the Department of Environment and Natural Resources (DENR) issued an

Environmental Compliance Certificate (ECC) for the Inayawan landfill in Cebu
City. In 2011, the City Government resolved to close the landfill and dispose of
waste in a privately operated landfill in Consolacion. However, in 2016, under the
administration of Mayor Osmeña, the City Government sought to temporarily
reopen the Inayawan landfill. This led to a petition for writ of kalikasan filed by Joel
Capili Garganera, representing the People of Cebu and Talisay, alleging serious
environmental damage and violations of environmental laws.

Issue:

The main issues raised in the case are: 1) whether the 30-day prior notice
requirement for citizen suits under R.A. 9003 and R.A. 8749 is needed prior to the
filing of the petition; and 2) whether the requirements for the grant of the privilege
of the writ of kalikasan were met.

Ruling:

The court affirmed the decision of the Court of Appeals, which granted the privilege
of the writ of kalikasan and ordered the closure of the Inayawan landfill. The petition
to keep the landfill open was denied.

Ratio:

The court based its decision on the findings and recommendations of the
Environmental Management Bureau (EMB), Department of Health (DOH), and the
affected residents. It recognized the need to close the landfill due to the
environmental violations committed by the City Government. The court also
considered the serious and pressing danger that the continued operation of the
landfill posed to the environment and the health and lives of nearby residents. The
court emphasized that it has the jurisdiction and power to decide cases, but it can
also rely on the expertise and recommendations of administrative agencies in
determining technical and intricate matters of fact.
Summary:

The case involves the Inayawan landfill in Cebu City, which was found to have
violated environmental regulations. The landfill posed threats to air and water
quality, caused foul odor and economic loss to neighboring communities, and posed
a high risk of illness to nearby residents. The court affirmed the decision to
permanently close the landfill, based on the findings and recommendations of the
EMB, DOH, and affected residents. The court recognized the need to address the
environmental violations and the danger posed by the landfill to the environment
and nearby residents.