TECHNOLOGY DEVELOPERS, INC., vs.

CA
G.R. No. 94759, January 21, 1991
Facts:
Petitioner Technology Developers Inc. is a corporation who
manufactures charcoal briquette. They received a letter from Pablo Cruz,
the acting mayor of Sta. Maria Bulacan ordering them to cease
operations and to bring to his office a Building Permit, an Anti-Pollution
Permit and other documents. Lacking a Mayors Permit, when inspected,
the acting mayor had the plant padlocked, stopping their operations.
They for mandamus and preliminary injunction against the respondent
mayor which was granted by the lower court. In a motion for
reconsideration by the respondent mayor, evidence was presented
showing that the by-products from manufacturing process done in the
plant are hazardous to peoples health. The lower court then set aside its
prior order and dissolved the writ of injunction. The petitioner was
denied by the CA upon appeal.

Issue/s:
Whether or not the acting mayor can close down the petitioners
plant
Held:
Yes. The Court ruled that the mayor of a town has a responsibility
to protect his towns inhabitants from pollution, even though the
Environmental Management Bureau of the DENR is the agency that
determines whether the pollution requires control or prohibition of a
business operation. A mayor may deny the application of a permit to
operate a business by virtue of his police power unless the business takes
measures to control pollution resulting from his business operations. In
this case, the acting mayor called on the petitioner to produce permits
after receiving complaints from his towns residents about the emissions
from the plant and closed the plant after he found out that the plant had
no proper air pollution device installed.