0 оценок0% нашли этот документ полезным (0 голосов)
64 просмотров4 страницы
This case concerns a lawsuit filed by residents against government agencies to compel them to clean up and rehabilitate Manila Bay. The trial court ordered the agencies to do so, but they appealed. The Supreme Court upheld the trial court's decision, finding that the relevant laws imposed a ministerial duty on the agencies to maintain water quality and conduct cleanup operations, including of Manila Bay generally. Therefore, writ of mandamus could be issued to compel performance of this duty. The Court also found the agencies were not limited to cleaning only accidental spills, but rather their duties extended to general cleanup and rehabilitation of the waterbody.
This case concerns a lawsuit filed by residents against government agencies to compel them to clean up and rehabilitate Manila Bay. The trial court ordered the agencies to do so, but they appealed. The Supreme Court upheld the trial court's decision, finding that the relevant laws imposed a ministerial duty on the agencies to maintain water quality and conduct cleanup operations, including of Manila Bay generally. Therefore, writ of mandamus could be issued to compel performance of this duty. The Court also found the agencies were not limited to cleaning only accidental spills, but rather their duties extended to general cleanup and rehabilitation of the waterbody.
This case concerns a lawsuit filed by residents against government agencies to compel them to clean up and rehabilitate Manila Bay. The trial court ordered the agencies to do so, but they appealed. The Supreme Court upheld the trial court's decision, finding that the relevant laws imposed a ministerial duty on the agencies to maintain water quality and conduct cleanup operations, including of Manila Bay generally. Therefore, writ of mandamus could be issued to compel performance of this duty. The Court also found the agencies were not limited to cleaning only accidental spills, but rather their duties extended to general cleanup and rehabilitation of the waterbody.
Manila
Bay
The
CA
sustained
RTC’s
decision
G.R.
Nos.
171947-‐48,
December
18,
2008
stressing
that
petitioners
were
not
required
to
do
tasks
outside
of
their
basic
functions
under
FACTS:
existing
laws,
hence,
this
appeal.
On
January
29,
1999,
respondents
Concerned
Residents
of
Manila
Bay
filed
a
ISSUE:
complaint
before
the
Regional
Trial
Court
(RTC)
in
Imus,
Cavite
against
several
government
(1) Whether
or
not
Sections
17
and
20
agencies,
among
them
the
petitioners,
for
the
of
PD
1152
under
the
cleanup,
rehabilitation,
and
protection
of
the
headings,
Upgrading
of
Water
Manila
Bay,
and
to
submit
to
the
RTC
a
Quality
and
Clean-‐up
Operations,
concerted
concrete
plan
of
action
for
the
envisage
a
cleanup
in
general
or
purpose.
are
they
limited
only
to
the
cleanup
of
specific
pollution
The
complaint
alleged
that
the
water
incidents;
quality
of
the
Manila
Bay
had
fallen
way
below
(2) Whether
or
not
petitioners
be
the
allowable
standards
set
by
law,
which
was
compelled
by
mandamus
to
clean
confirmed
by
DENR’s
Water
Quality
up
and
rehabilitate
the
Manila
Bay.
Management
Chief,
Renato
T.
Cruz
that
water
samples
collected
from
different
beaches
around
the
Manila
Bay
showed
that
the
amount
HELD:
of
fecal
coliform
content
ranged
from
50,000
to
80,000
most
probable
number
(MPN)/ml
which
Supreme
Court
held
that
the
cleaning
is
beyond
the
standard
200
MPN/100ml
or
the
up
and
rehabilitating
Manila
Bay
is
a
ministerial
SB
level
under
DENR
Administrative
Order
No.
in
nature
and
can
be
compelled
by
mandamus.
34-‐90.
Sec.
3(c)
of
R.A.
No.
7924
(the
law
The
reckless,
wholesale,
accumulated
creating
MMDA)
states
that
the
MMDA
is
and
ongoing
acts
of
omission
or
commission
[of
mandated
to
put
up
an
adequate
and
the
defendants]
resulting
in
the
clear
and
appropriate
sanitary
landfill
and
solid
waste
present
danger
to
public
health
and
in
the
and
liquid
disposal
as
well
as
other
alternative
depletion
and
contamination
of
the
marine
life
garbage
disposal
systems.
SC
also
noted
that
of
Manila
Bay,
the
RTC
held
petitioners
liable
MMDA’s
duty
in
the
area
of
solid
waste
disposal
and
ordered
to
clean
up
and
rehabilitate
Manila
is
set
forth
not
only
in
the
Environment
Code
Bay
and
to
restore
its
water
quality
to
class
B
(PD
1152)
and
RA
9003,
but
also
in
its
charter,
waters
fit
for
swimming,
skin-‐diving,
and
other
therefore,
it
is
ministerial
in
nature
and
can
be
forms
of
contact
recreation.[3]
compelled
by
mandamus.
Herein
petitioners
appealed
before
the
A
perusal
of
other
petitioners’
Court
of
Appeals
contending
that
the
pertinent
respective
charters
or
like
enabling
statutes
and
provisions
of
the
Environment
Code
(PD
1152)
pertinent
laws
would
yield
this
conclusion:
relate
only
to
the
cleaning
of
specific
pollution
these
government
agencies
are
enjoined,
as
a
incidents
and
do
not
cover
cleaning
in
general.
matter
of
statutory
obligation,
to
perform
They
also
asserted
that
the
cleaning
of
certain
functions
relating
directly
or
indirectly
the
Manila
Bay
is
not
a
ministerial
act
which
can
to
the
clean
up,
rehabilitation,
protection,
and
be
compelled
by
mandamus.
preservation
of
the
Manila
Bay.
They
are
precluded
from
choosing
not
to
perform
these
duties.
So,
their
functions
being
ministerial
in
g.
Clean-‐up
Operations
nature
can
be
compelled
by
mandamus.
[refer]
to
activities
conducted
in
removing
the
pollutants
As
regard
to
Secs.
17
&
20
of
P.D.
1152,
discharged
or
spilled
in
water
to
the
Court
ruled
that:
restore
it
to
pre-‐spill
condition.
h.
Accidental
Spills
Section
17.
Upgrading
of
[refer]
to
spills
of
oil
or
Water
Quality.––Where
the
other
hazardous
quality
of
water
has
substances
in
water
deteriorated
to
a
degree
where
that
result
from
its
state
will
adversely
affect
its
accidents
such
as
best
usage,
the
government
collisions
and
agencies
concerned
shall
take
groundings.
such
measures
as
may
be
necessary
to
upgrade
the
quality
of
such
water
to
meet
Petitioners
proffer
the
argument
that
the
prescribed
water
quality
Secs.
17
and
20
of
PD
1152
merely
direct
the
standards.
government
agencies
concerned
to
undertake
containment,
removal,
and
cleaning
operations
Section
20.
Clean-‐up
of
a
specific
polluted
portion
or
portions
of
the
Operations.––It
shall
be
the
body
of
water
concerned.
They
maintain
that
responsibility
of
the
polluter
to
the
application
of
said
Sec.
20
is
limited
only
to
contain,
remove
and
clean-‐up
“water
pollution
incidents,”
which
are
water
pollution
incidents
at
his
situations
that
presuppose
the
occurrence
of
own
expense.
In
case
of
his
specific,
isolated
pollution
events
requiring
the
failure
to
do
so,
the
corresponding
containment,
removal,
and
government
agencies
cleaning
operations.
Pushing
the
point
further,
concerned
shall
undertake
they
argue
that
the
aforequoted
Sec.
62(g)
containment,
removal
and
requires
“cleanup
operations”
to
restore
the
clean-‐up
operations
and
body
of
water
to
pre-‐spill
condition,
which
expenses
incurred
in
said
means
that
there
must
have
been
a
specific
operations
shall
be
charged
incident
of
either
intentional
or
accidental
against
the
persons
and/or
spillage
of
oil
or
other
hazardous
substances,
as
entities
responsible
for
such
mentioned
in
Sec.
62(h).
pollution.
As
a
counterpoint,
respondents
argue
that
petitioners
erroneously
read
Sec.
62(g)
as
Petitioners
contend
at
every
turn
that
delimiting
the
application
of
Sec.
20
to
the
Secs.
17
and
20
of
the
Environment
Code
containment,
removal,
and
cleanup
operations
concern
themselves
only
with
the
matter
of
for
accidental
spills
only.
Contrary
to
cleaning
up
in
specific
pollution
incidents,
as
petitioners’
posture,
respondents
assert
that
opposed
to
cleanup
in
general.
They
aver
that
Sec.
62(g),
in
fact,
even
expanded
the
coverage
the
twin
provisions
would
have
to
be
read
of
Sec.
20.
Respondents
explain
that
without
its
alongside
the
succeeding
Sec.
62(g)
and
(h),
Sec.
62(g),
PD
1152
may
have
indeed
covered
which
defines
the
terms
“cleanup
operations”
only
pollution
accumulating
from
the
day-‐to-‐ and
“accidental
spills,”
as
follows:
day
operations
of
businesses
around
the
Manila
Bay
and
other
sources
of
pollution
the
polluters’
account.
Petitioners’
assertion,
that
slowly
accumulated
in
the
bay.
that
they
have
to
perform
cleanup
operations
in
Respondents,
however,
emphasize
that
Sec.
the
Manila
Bay
only
when
there
is
a
water
62(g),
far
from
being
a
delimiting
provision,
in
pollution
incident
and
the
erring
polluters
do
fact
even
enlarged
the
operational
scope
of
Sec.
not
undertake
the
containment,
removal,
and
20,
by
including
accidental
spills
as
among
the
cleanup
operations,
is
quite
off
mark.
As
earlier
water
pollution
incidents
contemplated
in
Sec.
discussed,
the
complementary
Sec.
17
of
the
17
in
relation
to
Sec.
20
of
PD
1152.
Environment
Code
comes
into
play
and
the
To
respondents,
petitioners’
parochial
view
on
specific
duties
of
the
agencies
to
clean
up
environmental
issues,
coupled
with
their
come
in
even
if
there
are
no
pollution
narrow
reading
of
their
respective
mandated
incidents
staring
at
them.
Petitioners,
thus,
roles,
has
contributed
to
the
worsening
water
cannot
plausibly
invoke
and
hide
behind
Sec.
20
quality
of
the
Manila
Bay.
Assuming,
of
PD
1152
or
Sec.
16
of
RA
9275
on
the
pretext
respondents
assert,
that
petitioners
are
correct
that
their
cleanup
mandate
depends
on
the
in
saying
that
the
cleanup
coverage
of
Sec.
20
of
happening
of
a
specific
pollution
incident.
In
PD
1152
is
constricted
by
the
definition
of
the
this
regard,
what
the
CA
said
with
respect
to
the
phrase
“cleanup
operations”
embodied
in
Sec.
impasse
over
Secs.
17
and
20
of
PD
1152
is
at
62(g),
Sec.
17
is
not
hobbled
by
such
limiting
once
valid
as
it
is
practical.
The
appellate
court
definition.
As
pointed
out,
the
phrases
“cleanup
wrote:
“PD
1152
aims
to
introduce
a
operations”
and
“accidental
spills”
do
not
comprehensive
program
of
environmental
appear
in
said
Sec.
17,
not
even
in
the
chapter
protection
and
management.
This
is
better
where
said
section
is
found.
served
by
making
Secs.
17
&
20
of
general
application
rather
than
limiting
them
to
specific
Respondents
are
correct.
For
one
pollution
incidents.
thing,
said
Sec.
17
does
not
in
any
way
state
that
the
government
agencies
concerned
ought
Granting
arguendo
that
petitioners’
to
confine
themselves
to
the
containment,
position
thus
described
vis-‐à-‐vis
the
removal,
and
cleaning
operations
when
a
implementation
of
Sec.
20
is
correct,
they
seem
specific
pollution
incident
occurs.
On
the
to
have
overlooked
the
fact
that
the
pollution
of
contrary,
Sec.
17
requires
them
to
act
even
in
the
Manila
Bay
is
of
such
magnitude
and
scope
the
absence
of
a
specific
pollution
incident,
as
that
it
is
well-‐nigh
impossible
to
draw
the
line
long
as
water
quality
“has
deteriorated
to
a
between
a
specific
and
a
general
pollution
degree
where
its
state
will
adversely
affect
its
incident.
And
such
impossibility
extends
to
best
usage.”
This
section,
to
stress,
commands
pinpointing
with
reasonable
certainty
who
the
concerned
government
agencies,
when
polluters
are.
We
note
that
Sec.
20
of
PD
1152
appropriate,
“to
take
such
measures
as
may
be
mentions
“water
pollution
incidents”
which
necessary
to
meet
the
prescribed
water
quality
may
be
caused
by
polluters
in
the
waters
of
standards.”
In
fine,
the
underlying
duty
to
the
Manila
Bay
itself
or
by
polluters
in
adjoining
upgrade
the
quality
of
water
is
not
conditional
lands
and
in
water
bodies
or
waterways
that
on
the
occurrence
of
any
pollution
incident.
empty
into
the
bay.
Sec.
16
of
RA
9275,
on
the
other
hand,
specifically
adverts
to
“any
person
For
another,
a
perusal
of
Sec.
20
of
the
who
causes
pollution
in
or
pollutes
water
Environment
Code,
as
couched,
indicates
that
it
bodies,”
which
may
refer
to
an
individual
or
an
is
properly
applicable
to
a
specific
situation
in
establishment
that
pollutes
the
land
mass
near
which
the
pollution
is
caused
by
polluters
who
the
Manila
Bay
or
the
waterways,
such
that
the
fail
to
clean
up
the
mess
they
left
behind.
In
contaminants
eventually
end
up
in
the
bay.
In
such
instance,
the
concerned
government
this
situation,
the
water
pollution
incidents
are
agencies
shall
undertake
the
cleanup
work
for
so
numerous
and
involve
nameless
and
faceless
polluters
that
they
can
validly
be
categorized
as
beyond
the
specific
pollution
incident
level.
Not
to
be
ignored
of
course
is
the
reality
that
the
government
agencies
concerned
are
so
undermanned
that
it
would
be
almost
impossible
to
apprehend
the
numerous
polluters
of
the
Manila
Bay.
It
may
perhaps
not
be
amiss
to
say
that
the
apprehension,
if
any,
of
the
Manila
Bay
polluters
has
been
few
and
far
between.
Hence,
practically
nobody
has
been
required
to
contain,
remove,
or
clean
up
a
given
water
pollution
incident.
In
this
kind
of
setting,
it
behooves
the
Government
to
step
in
and
undertake
cleanup
operations.
Thus,
Sec.
16
of
RA
9275,
previously
Sec.
20
of
PD
1152,
covers
for
all
intents
and
purposes
a
general
cleanup
situation.