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Canda
Canda
Canda
FOUNDATION V NESTOR CANDA (1) PHIVOLCS certified that the project site had been
subjected to an Intensity VII earthquake in 1990;
The peremptory writ of mandamus is an extraordinary remedy that is
issued only in extreme necessity, and the ordinary course of (2) the CNC issued by the EMB to a similar waterworks
procedure is powerless to afford an adequate and speedy relief to one project of the DPWH in the same area was only for the
who has a clear legal right to the performance of the act to be construction of a unit spring box intake and pump house,
compelled. and the DENR issued a cease and desist order relative to
the DPWH’s additional project to put up a water filtration
FACTS: plant therein;
Petitioner was a proponent of a water resource development and (3) the determination of whether an area was environmentally
utilization project involving the purification of water from Loboc critical was a task that pertained to the EMB;
River (Bohol) and the distribution of the purified water to residents of
Loboc and other municipalities.
(4) the RTC would not interfere with the primary prerogative
of the EMB to review the merits of the petitioner’s
The petitioner applied for a Certificate of Non-Coverage (CNC) with application for the CNC;
the DENR-EMB seeking to be exempt from the requirement of the
Environmental Compliance Certificate (ECC) under Section 4 of
Presidential Decree No. 1586 because the filtration and purifying (5) there was already a pending appeal lodged with the DENR
process employs the latest technology—"electrocatalytic"— Secretary.
internationally accepted for safety and environment friendliness. No
waste is generated, as the electrocatalytic process dissolves all Hence, this appeal brought directly to the Court via petition for
impurities in the water. Thus, the project involves no destruction review on certiorari.
[n]or harm to the environment.
ISSUE:
Upon evaluating the nature and magnitude of the environmental
impact of the project, respondent Canda, then Chief of EMB in 1. WON petitioner is entitled to certificate of non-coverage
Bohol, found that since the project is within a critical area, Initial and thus ministerial on the part of EMB to issue such.
Environmental Examination is required. Moreover, the project is
socially and politically sensitive therefore proof of social
acceptability should be established. Proper indorsement from the Arguments:
Protected Area Management Bureau or PAMB should be secured. 2
RD Lipayon and Canda aver that the act complained of
Petitioner appealed Canda’s findings to respondent EMB Region 7 involved an exercise of discretion that could not be
Director Lipayon (RD Lipayon), claiming that it should also be compelled by mandamus; that the petitioner’s proposed
issued a CNC because the project was no different from the Loboc- project was located within an environmentally critical area,
Loay waterworks project and Highways (DPWH) that had recently and the activities to be done were so significant that they
been issued a CNC. would create massive earth movement and environmental
degradation.
On April 3, 2002, RD Lipayon notified the petitioner that its
documents substantially complied with the procedural aspects of the DENR Secretary - contends that the petition raises
EMB’s review. Later on, RD Lipayon informed the petitioner that an questions of fact that are not proper in a petition for review;
Initial Environmental Examination document was required for the that the petitioner should have appealed to the CA under
project due to its significant impact in the area. 5 Rule 41 of the Rules of Court;
Section 6. Appeal
Another reason for denying due course to this review is that the
petitioner did not establish that the grant of its application for the
CNC was a purely ministerial in nature on the part of RD Lipayon.
Hence, mandamus was not a proper remedy. The CNC is a
certification issued by the EMB certifying that a project is not
covered by the Environmental Impact Statement System (EIS
System) and that the project proponent is not required to secure an
ECC