Republic of the Philippines v City of Davao; GR No.

148622; September 12, 2002

FACTS:
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.
ISSUE:
s an LGU like Davao exempt from the coverage of PD 1586?
RULING:
NO, IT IS WITHIN THE COVERAGE OF PD 1586. Found in Section 16 of the Local Government
Code is the duty of the LGUs to promote the people's right to a balanced ecology. Pursuant to this, an
LGU, like the City of Davao, cannot claim exemption from the coverage of PD 1586. As a body
politic endowed with governmental functions, an LGU has the duty to ensure the quality of the
environment, which is the very same objective of PD 1586.
(FOR RECIT ONLY)
APPLICABLE LAWS:
• Section 15 of Republic Act 7160,[5] otherwise known as the Local Government Code, defines a
local government unit as a body politic and corporate endowed with powers to be exercised by it in
conformity with law.
• Section 4 of PD 1586 clearly states that “no person, partnership or corporation shall undertake or
operate any such declared environmentally critical project or area without first securing an
Environmental Compliance certificate issued by the President or his duly authorized representative
2nd issue:
Is the project entitled to a Certificate of Non-Coverage (CNC)?
YES. The Artica Sports Dome in Langub does not come close to any of the projects or areas
enumerated above. Neither is it analogous to any of them. It is clear, therefore, that the said project is
not classified as environmentally critical, or within an environmentally critical area. Consequently,
the DENR has no choice but to issue the Certificate of Non- Coverage. It becomes its ministerial
duty, the performance of which can be compelled by writ of mandamus, such as that issued by the
trial court in the case at bar.