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Province of Rizal v Executive Secretary On Jan 22, 1990, the CENRO submitted another report which states that:

990, the CENRO submitted another report which states that: the areas
used as Dumping Site of the MMC are found to be within the Marikina
Watershed which are part of the Integrated Social Forestry Project (ISF) as per
recorded inventory of Forest Occupancy of this office. It also stated that: a) no permit
PETITIONER: Province of Rizal, Municipality of San Mateo, Pintong Bocaue Multipurpose
issued to the MMC to utilize these portions of land for dumping purposes and b) the
Cooperative, Concerned Citizens of Rizal, Rolando E. Villacorte, Bernardo Hidalgo, Ananias
use of the areas as dumping site greatly affects the ecological balance and
Ebuenga, Vilma T. Montajes, Federico Munar Jr, Rolando Beas Sr., et al, and Kilosbayan
environmental factors in this community.
RESPONDENT: Executive Secretary, Secreatary of Environment and Natural Resources,
On Feb 19, 1990, the DENR granted Metro Manila Authority an Environmental
Laguna Lake, Development Authority, Secretary of Public Works and Highways, Secretary
Compliance Certificate (ECC) for the operation of a 2 1/2 hectare garbage dumpsite.
of Budget and Management, MMDA and the CA
The ECC was sought and granted in compliance with PD1586 EIS System Sec 4 which
states in part that: No persons, partnership or corporation shall undertake or
operate any such declared environmentally critical project or area without first
Facts of the Case: securing an Environmental Compliance Certificate and Proclamation No. 2146,
which designates all areas declared by law as national parks, watershed reserves,
On Nov 17, 1988, DPWH, DENR and the Governor of Metropolitan Manila
wildlife preserves, and sanctuaries as Environmentally Critical Areas.
Commission entered into a MOA which provides that:
On July 31, 1990, USEC Roque suspended the ECC in a letter which states in part that:
1.DENR agrees to immediately allow the utilization of its land property in
Upon site investigation conducted by Environmental Management Bureau staff on
Pintong Bocaue a s a sanitary landfill site
development activities at the San Mateo Landfill Site, it was ascertained that ground
2.DPWH shall commence the constructio/development of said dumpsite slumping and erosion have resulted from improper development of the site. We
believe that this will adversely affect the environmental quality in the area if the
3.MMC shall a) relocate families within and around the site; b) oversee the proper remedial measures are not instituted in the design of the landfill site.
development of the sanitary landfill; c) coordinate/monitor the construction of
DPWH in the site; and d) ensure the necessary civil works are properly undertaken to Despite the various objections and recommendations raised by the government
safeguard against any negative environmental impact in the area agencies aforementioned, the Office of the President signed and issued Proclamation
No 635. Said Proclamation was issued to cope with the requirements of the
On Feb 1989, the Sangguniang Bayan of San Mateo wrote to MMC, Special Task Force growing population in Metro Manila and the adjoining provinces and municipalities,
on Solid Waste Management, DPWH and DENR pointing out that it had recently certain developed and open portions of the Marikina Watershed Reservation, upon
passed a Resolution banning the creation of dumpsites for Metro Manila garbage the recommendation of the Secretary of the Department of Environment and Natural
within its jurisdiction, asking that their side be heard, and that the addressees Resources should now be excluded form the scope of the reservation
suspend and temporarily hold in abeyance all and any part of your operations with
respect to the San Mateo Landfill Dumpsite. No action was taken on the letters. Section 2. Purpose The areas being excluded from the Marikina Watershed
Reservation are hereby placed under the administration of the Metropolitan Manila
It turns out that the land in question was part of the Marikini Watershed Reservation Development Authority, for development as Sanitary Landfill, and/or for use in the
Area. The Community Environment and Natural Resource Office of Rizal submitted a development of such other related waste disposal facilities that may be used by the
Memorandum which reads in part: cities and municipalities of Metro Manila and the adjoining province of Rizal and its
Said Dumping Site is observed to be confined within the said Watershed
Reservation, bearing in the northeastern part of Lungsod Silangan Townsite the petitioners filed before the Court of Appeals a civil action for certiorari,
Reservation. Such illegal Dumping Site operation inside (the) Watershed Reservation prohibition and mandamus with application for a temporary restraining order/writ
is in violation of P.D. 705, otherwise known as the Revised Forestry Code. of preliminary injunction.

The MMC Dumping Site Inside Marikina Watershed Reservation, particularly

at Brgy. Pintong Bocaue, San Mateo, Rizal and at Bo. Pinugay, Baras/Antipolo, Rizal
which are the present garbage zones must totally be stopped and discouraged Argument of Petitioners:
without any political intervention and delay in order to save our healthy ecosystems
The MOA entered into by DENR, DPWH and MMC is valid
found therein, to avoid much destruction, useless efforts and lost (sic) of millions of
public funds over the land in question
Proclamation 635 further validates the legality of the dumpsite in San Mateo Rizal Issue:

Argument of Respondents: Whether or not respondent MMDA agreed to the permanent closure of the San Mateo
Landfill as of December 2000
The Sangguniang Bayan of San Mateo has passed a Resolution banning the creation of
dumpsites in its jurisdiction Whether or not the permanent closure of the San Mateo landfill is mandated by Rep.
Act No. 9003
The land in question is part of the Marikini Watershed reservation and therefore is
the continuous dumping of garbage in the land would destroy the healthy ecosystem
found therein
The ECC granted by the Secretary of DENR was already suspended and so the
continuous use of the land as a dumpsite is illegal San Mateo Landfill will remain permanently closed

A mere MOA does not guarantee the dumpsites permanent closure. There is also the
added need to reassure the residents of the Province of Rizal that this is indeed a
Ruling of the CA: final resolution of this controversy, for a brief review of the records of this case
indicates two self-evident facts. First, the San Mateo site has adversely affected its
The CA denied the petition environs, and second, sources of water should always be protected.

As to the first fact, it is undisputed that several agencies has objected to the usage of
the land as a dumpsite. The destruction of said dumpsite was further cemented when
Additional Facts:
the DENR suspended their ECC as it adversely affect the environmental quality in
During the pendency of the appeal, the people of Antipolo staged a rally wherein they the area if the proper remedial measures are not instituted in the design of the
barricaded Marcos Highway to stop the dump trucks from reaching the site for 5 days. landfill site.
On the second day, the municipal mayors of the provice openly declared their
As to the second point, the Court stated that Water is life, and must be saved at all
support for the rally.
costs. The most important product of a watershed is water, which is one of the most
The MMDA then agreed to abandon the dumpsite after six months. Thus, the important human necessities. The protection of watersheds ensures an adequate
municipal mayors of Rizal, particularly the mayors of Antipolo and San Mateo, agreed supply of water for future generations and the control of flashfloods that not only
to the use of the dumpsite until that period, which would end on 20 July 1999. damage property but also cause loss of lives. Protection of watersheds is an
intergenerational responsibility that needs to be answered now.
Then President Estrada taking cognizance of the gravity of the problem, ordered that
dumpsite be closed on Dec 2000. Three short months before Proclamation No. 635 was passed to avert the garbage
crisis, Congress had enacted the National Water Crisis Act to adopt urgent and
An agreement was then constituted to continue the use of the dumpsite until Dec effective measures to address the nationwide water crisis which adversely affects the
2000. health and well-being of the population, food production, and industrialization
process. One of the issues the law sought to address was the protection and
On 11 January 2001, President Estrada directed DILG Secretary and MMDA to reopen
conservation of watersheds.
the San Mateo dumpsite in view of the emergency situation of uncollected garbage in
Metro Manila, resulting in a critical and imminent health and sanitation epidemic. n other words, while respondents were blandly declaring that the reason for the
creation of the Marikina Watershed Reservation, i.e., to protect Marikina River as the
The petitioners filed an Urgent Petition for Restraining Order which was granted by
source of water supply of the City of Manila, no longer exists, the rest of the country
the Court
was gripped by a shortage of potable water so serious, it necessitated its own
Meanwhile, on 26 January 2001, Republic Act No. 9003, otherwise known as The legislation.
Ecological Solid Waste Management Act of 2000, was signed into law by President
The Reorganization Act of the DENR Defines and Limits its Powers Over the Countrys
Natural Resources
DENR was mandated under Section 4 of Executive Order No. 192, otherwise known special wastes, education and public information, and the funding of solid waste
as The Reorganization Act of the Department of Environment and Natural Resources, management projects.
to be the primary government agency responsible for the conservation, management,
development and proper use of the countrys environment and natural resources,
specifically forest and grazing lands, mineral resources, including those in
THEREFORE: The petition for certiorari is granted. The subject dumpsite shall remain
reservation and watershed areas, and lands of the public domain. It is also
permanently closed as it poses a danger on the health of the residents surrounding the site.
responsible for the licensing and regulation of all natural resources as may be
Moreso, it poses a danger on the quality of the supply of water for the present and future
provided for by law in order to ensure equitable sharing of the benefits derived
generation of the country.
therefrom for the welfare of the present and future generations of Filipinos.

This was expounded in the landmark case of Oposa v. Factoran, where the Court held
that the right to a balanced and healthful ecology is a fundamental legal right that
carries with it the correlative duty to refrain from impairing the environment. This
right implies, among other things, the judicious management and conservation of the
countrys resources, which duty is reposed in the DENR under the aforequoted
Section 4 of Executive Order No. 192.

The Local Government Code Gives to LGUs all the Necessary Powers to Promote the
General Welfare of their Inhabitants

Section 16 of the Local Government Code allows every local government unit to
exercise the powers expressly granted, those necessarily implied therefrom, as well
as powers necessary, appropriate, or incidental for its efficient and effective
governance, and those which are essential to the promotion of the general welfare,
which involve, among other things, promot(ing) health and safety, enhance(ing) the
right of the people to a balanced ecology, and preserv(ing) the comfort and
convenience of their inhabitants.

Under the Local Government Code, therefore, two requisites must be met before a
national project that affects the environmental and ecological balance of local
communities can be implemented: prior consultation with the affected local
communities, and prior approval of the project by the appropriate sanggunian.
Absent either of these mandatory requirements, the projects implementation is

Waste Dispposal is Regulated by the Ecological Solid Waste Management Act of 2000

The Ecological Solid Waste Management Act of 2000 was enacted pursuant to the
declared policy of the state to adopt a systematic, comprehensive and ecological solid
waste management system which shall ensure the protection of public health and
environment, and utilize environmentally sound methods that maximize the
utilization of valuable resources and encourage resource conservation and
recovery. It requires the adherence to a Local Government Solid Waste Management
Plan with regard to the collection and transfer, processing, source reduction,
recycling, composting and final disposal of solid wastes, the handling and disposal of