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The MMDAs duty in the area of solid waste disposal, as may be noted, is set forth
not only in the Environment Code (PD 1152) and RA 9003, but in its charter as well.
This duty of putting up a proper waste disposal system cannot be characterized as
discretionary, for, as earlier stated; discretion presupposes the power or right given
by law to public functionaries to act officially according to their judgment or
conscience.
(2) Secs. 17 and 20 of the Environment Code
Include Cleaning in General
The disputed sections are quoted as follows:
Section 17. Upgrading of Water Quality.Where the quality of water has
deteriorated to a degree where its state will adversely affect its best usage, the
government agencies concerned shall take such measures as may be necessary to
upgrade the quality of such water to meet the prescribed water quality standards.
Section 20. Clean-up Operations.It shall be the responsibility of the polluter to
contain, remove and clean-up water pollution incidents at his own expense. In case
of his failure to do so, the government agencies concerned shall undertake
containment, removal and clean-up operations and expenses incurred in said
operations shall be charged against the persons and/or entities responsible for such
pollution.
Sec. 17 does not in any way state that the government agencies concerned ought
to confine themselves to the containment, removal, and cleaning operations when a
specific pollution incident occurs. On the contrary, Sec. 17 requires them to act
even in the absence of a specific pollution incident, as long as water quality has
deteriorated to a degree where its state will adversely affect its best usage. This
section, to stress, commands concerned government agencies, when appropriate,
to take such measures as may be necessary to meet the prescribed water quality
standards. In fine, the underlying duty to upgrade the quality of water is not
conditional on the occurrence of any pollution incident.
Note:
- The writ of mandamus lies to require the execution of a ministerial duty. Ministerial
duty is one that requires neither official discretion nor judgment.