Professional Documents
Culture Documents
Environment
Environment
Case
No.
01-
I. The Parties
pyrolysis which could not adequately mitigate the air pollution that it
produces.
12. On September 9, 2008, Petitioner complained to the
Environmental Management Bureau (EMB) of DENR.
13. On September 12, 2008, EMB conducted its own ocular
inspections and investigations. Its inspection or monitoring report
(Exhibit 41) showed that TRIs facility was in violation of the Clean Air
Act. Further, it was also able to discover that toxic waste has
accumulated within their area. EMB then subsequently issued a Cease
and Desist Order and a permanent closure order against TRI (Exhibit
42).
14. Despite the orders issued by DENR, TRI is still continuing to
operate up to date.
15. The continued operations of TRIs facility led to the recurring
sickness, worsening health conditions and frequent hospitalization of
the Petitioners members.
16. Due to the alarming presence of toxic smokes and wastes in
the community, Petitioner institutes this legal action against TRI with
regard to its continued operations and DENR for its malicious
negligence for enforcing the Cease and desist order.
26. Thus, TRI manifestly violated the Philippine Clean Air Act of
1999 through its unwarranted toxic emissions. EMB confirmed said
violation when it conducted investigations and issued inspection or
monitoring reports. It resolved Petitioners complaint favorably
declaring such violation and ordering it to cease and desist operations.
27. Other than the failure to comply with the standards set by
the law, TRIs acts are also in violation of their rights as enumerated by
said law, i.e. (a) The right to breathe clean air, and (b) the right to be
informed of the nature and extent of the potential hazard of any
activity, undertaking or project and to be served timely notice of any
significant rise in the level of pollution and the accidental or deliberate
release into the atmosphere of harmful or hazardous substances.
30. That TRIs facility is located near a stream that is used by the
residents of Angat for recreational purposes and water supply.
33. TRIs facility still continued to run and negligently dump the
waste that it produced despite the order of EMB to cease and desist
from further operating.
35. Though there has still no clear evidence that the nearby
stream has been polluted, applying the precautionary principle, TRI
must therefore stop from further dumping its waste on the ground and
has the responsibility to contain, remove and clean-up its area of toxic
waste materials at its own expense before it could actually pollute the
nearby stream that is used by the community.
37. That DENR has already issued a Cease and Desist Order and
a permanent closure order against TRI which is supposed to be
immediately executory. However, almost six years has already past
since the issuance and the order has yet to be properly enforced.
38. That there was no showing that TRI filed any motion to lift
the order to contest the Cease and Desist Order issued by DENR.
Though assuming that they did, the filing of such a motion shall not
stay the enforcement and execution of the order.
required to obtain an ECC and thereafter comply with its terms and
conditions.
PRAYER
10
By:
________________________________
Ray Francis V. Bolintiam
Counsel for Petitioner/Petitioner
Roll of Attorneys No. 29239
MCLE No. III-007843/21 Dec
2012/Pasig City
IBP No. LPN-04240/Lifetime
Member/Quezon City
PTR No. 612976/19-Jan-2012/Quezon
City
________________________________
11
Mitzie Hizon
Counsel for Petitioner/Petitioner
Roll of Attorneys No. 20239
MCLE No. III-017843/21 Dec
2012/Pasig City
IBP No. LPN-14240/Lifetime
Member/Quezon City
PTR No. 612476/19-Jan-2012/Quezon
City
12
_______________________________
13
JUAN
DE
LA
CRUZ
in
representation of
OUR LADY OF PEACE INSTITUTE
Affiant
14