Professional Documents
Culture Documents
Arsf
Arsf
Arsf
pertinent provisions of the Environment Code (PD 1152) relate only to the cleaning of
their lawyer) filed a complaint before the Regional Trial Court (RTC) in Imus, Cavite
specific pollution incidents and do not cover cleaning in general and 2. that the
against several government agencies, among them the petitioners, for the cleanup,
cleaning of the Manila Bay is not a ministerial act which can be compelled by
The complaint alleges that the water quality of the Manila Bay had fallen way below
mandamus.
7.
the allowable standards set by law, specifically Presidential Decree No. (PD) 1152 or
the Philippine Environment Code.
3.
CA affirmed in toto the trial courts decision as it did not require petitioners to do tasks
outside of their usual basic functions under existing laws.
Issue:
I.
4.
The petitioners appealed to the CA contending: 1. arguing in the main that the
January 29, 1999, respondents Concerned Residents of Manila Bay (with Atty. Oposa as
Is the cleaning and/or restoration of Manila Bay a ministerial act of the petitioners that
can be compelled by mandamus?
(1)
(2)
II.
Does sec. 17 and 20 of PD 1152 pertain only to specific cleaning of pollution and not
cleaning in general?
(3)
*Note: It is the MMDA and DPWH together with the LGUs that are the primary agencies
(4)
tasked to remove and demolish the nuisance structures and obstructions along the
(5)
(6)
(7)
(8)
bay
Held:
I.
(9)
The Toxic and Hazardous Wastes Law (Republic Act No. 6969);
ministerial duty is one that requires neither the exercise of official discretion nor
(10)
(11)
(12)
International Law
It was shown by the respondents that the amount of fecal coliform content ranged
b.
from 50,000 to 80,000 most probable number (MPN)/ml when what DENR
The court said that the obligation to perform their ( based on MMDAs argument)
duties as defined by law, on one hand, and how they are to carry out such duties,
Administrative Order No. 34-90 prescribed as a safe level for bathing and other forms
5.
The MMDAs duty to put up an adequate and appropriate sanitary landfill and solid
MPN/100 ml.
waste and liquid disposal as well as other alternative garbage disposal systems is
The RTC held the petitioners and other agencies jointly and solidarily, to clean up and
ministerial, its duty being a statutory imposition. This is provided in Sec. 3(c) of
rehabilitate Manila Bay and restore its waters to SB classification to make it fit for
swimming, skin-diving and other forms of contact recreation. And within 6 months
have a concerted, consolidated and coordinated plan for the cleanup of the bay.
choose to perform or not to perform. Any suggestion that the MMDA has the
option whether or not to perform its solid waste disposal-related duties ought to be
other nuisances that obstruct the free flow of waters to the bay. These
e.
The following agencies are therefore precluded from choosing not to perform
these duties DENR, MWSS, LWUA, DA, DPWH, PCG, DILG, PPA, DOH, DepEd,
f.
Sec. 28 of the Urban Development and Housing Act of 1992 (RA 7279),
c.
agencies and the bureaus and offices under them on continuing notice
about, and to enjoin them to perform, their mandates and duties towards
cleaning up the Manila Bay and preserving the quality of its water to the
i.
directives with the end in view of ensuring that its decision would
d.
Lastly the court said that said: All told, the aforementioned enabling laws
e.
f.
law. We need not belabor the issue that their tasks include the cleanup of
establishments standing along or near the banks of the Pasig River, other
major rivers, and connecting waterways. They should have their waste
The Court finds for the respondents and their emphasis that Sec. 62(g) of RA
The court then cites the ADB commissioned study on the garbage problem of
9275(Clean Water Act), far from being a delimiting provision, in fact even
i.
The Court then calls for sufficient sanitary landfills now more than
Sec. 20 of PD 1152.
i.
ii.
iii.
b.
If there is one factor responsible for the pollution of the major river
II.
The Court can take judicial notice of the presence of shanties and other
unauthorized structures which do not have septic tanks along drainage ways
2004. This law stresses that the State shall pursue a policy of economic
h.
The Court wishes to emphasize the extreme necessity for all concerned
i.
Finally they reiterate what has been said in Oposa v. Factoran, Jr. 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
The cleanup and/or restoration of the Manila Bay is only an aspect and the
initial stage of the long-term solution. The preservation of the water quality
intergenerational implications.