Republic

vs
City of Davao
G.R. No. 148622
September 12, 2002
Republic vs City of Davao

FACTS
Republic vs City of Davao

On August 11, 2000, The City of Davao filed

an application for a Certificate of Non-
Coverage (CNC) for its proposed project, the
Davao City Artica Sports Dome, with the
Environmental Management Bureau (EMB),
Region XI. 
Republic vs City of Davao

The application was denied on the

ground that the proposed project
was within an environmentally
critical area.
Republic vs City of Davao

The City of Davao must first undergo with the

environmental impact assessment (EIA)
process to secure an Environmental
Compliance Certificate
Republic vs City of Davao

The City of Davao the filed a

Petition for Mandamus with the
Regional Trial Court, and the latter
ruled in their favor.
Republic vs City of Davao
The Court Directed the DENR issue in favor
of the petitioner City of Davao a Certificate
of Non-Coverage, pursuant to Presidential
Decree No. 1586 and related laws, in
connection with the construction by the City
of Davao of the Artica Sports Dome.
Republic vs City of Davao
The trial court ratiocinated that there is
nothing in PD 1586, in relation to PD
1151 and Letter of Instruction No.
1179 which requires LGUs to comply
with the EIS law.
Republic vs City of Davao

Only agencies and instrumentalities of the national

government, including government owned or
controlled corporations, private corporations, firms
and entities are mandated to go through the EIA
process for their proposed projects which have
significant effect on the quality of the environment.
Republic vs City of Davao

A local government unit, not being an

agency or instrumentality of the National
Government, is deemed excluded under
the principle of expressio unius est exclusio
alterius*.
*a principle in statutory construction:
when one or more things of a class are expressly mentioned others of the
same class are excluded
Republic vs City of Davao

The DENR-Community Environment and

Natural Resources Office (CENRO)-West,
and the data gathered from the PHIVOLCS,
that the site for the Artica Sports Dome was
not within an environmentally critical area.
Neither was the project an environmentally
critical one.
Republic vs City of Davao

It therefore becomes mandatory for the DENR,

through the EMB Region XI, to approve
respondent’s application for CNC after it has
satisfied all the requirements for its issuance.
Republic vs City of Davao

Petitioner (Republic)
Filed for a motion for reconsideration, however
it was DENIED.

Hence, this petition for REVIEW.

Republic vs City of Davao

ISSUES
 Republic vs City of Davao

1. Is an LGU like Davao exempt from

the coverage of PD 1586? 
2. Is the project entitled to a
Certificate of Non-Coverage
(CNC)?
Republic vs City of Davao

RULING
Republic vs City of Davao

To be reported next