LAGUNA LAKE DEVELOPMENT AUTHORITY, petitioner,

vs.
COURT OF APPEALS, HON. MANUEL JN. SERAPIO, Presiding Judge RTC,
Branch 127, Caloocan City, HON.MACARIO A. ASISTIO, JR., City Mayor of
Caloocan and/or THE CITY GOVERNMENT OF CALOOCAN, respondents.

G.R. No. 110120 March 16, 1994

Facts:
The Caloocan City Government operates an open garbage dumpsite in the Camarin area.
Residents in the area submitted a letter of complaint with the Laguna Lake Devt Authority
(LLDA), requesting that the operation be stopped because of its harmful effects on residents'
health and the likelihood of pollution of the surrounding water. As a result, LLDA issued a cease
and desist order (CDO) requiring the Caloocan City Government to stop depositing waste at the
aforementioned dumpsite. The City Government moved to set aside the CDO, claiming their
power under their geographical jurisdiction in line with the Local Government Code's general
welfare clause. LLDA contends that as an administrative agency with egulatory and adjudicatory
powers conferred by RA 4850 and its amendatory legislation, it has the ability and authority to
issue a CDO. The RTC and CA decided in favor of the City Government, prompting this petition
for review.

Issue:

Whether or not LLDA has power and authority to issue a cease and desist order.

Held:

Yes, LLDA has power and authority to issue a cease and desist order.

LLDA is specifically mandated by RA 4850 and its amendatory laws to adjudicate pollution cases in the
Laguna Lake area and the surrounding provinces including Caloocan. Said laws expressly authorizes
LLDA to “make, alter or modify orders requiring the discontinuance of pollution” and “to make whatever
order may be necessary in the exercise of its jurisdiction”. The authority to issue a CDO is, perforce,
implied. It is permitted in situations such as the case at bar precisely because stopping the continuous
discharge of pollutive effluents into the rivers cannot be made to wait until protracted litigation xxx. The
issuance of said order providing an immediate response to the demands of “necessities of protecting vital
public interests” gives vitality to Art II, Sec 16 of the Constitution.