Writ of Continuing Mandamus

Syllabus:
Metropolitan Manila Development Authority v. Concerned Residents of Manila Bay
G.R. Nos. 171947-48, December 18, 2008, 574 SCRA 661
The writ of mandamus lies to require the execution of a ministerial duty. A ministerial duty is one that
“requires neither the exercise of official discretion nor judgment.” It connotes an act in which nothing
is left to the discretion of the person executing it. It is a “simple, definite duty arising under conditions
admitted or proved to exist and imposed by law.” Mandamus is available to compel action, when
refused, on matters involving discretion, but not to direct the exercise of judgment or discretion one
way or the other.
RA No. 9003 is a sweeping piece of legislation enacted to radically transform and improve waste
management. It implements Section 16, Article II of the 1987 Constitution, which explicitly provides that
the State shall protect and advance the right of the people to a balanced and healthful ecology in accord
with the rhythm and harmony of nature. So it was in Oposa v. Factoran, Jr. that the Court stated that the
right to a balanced and healthful ecology need not even be written in the Constitution for it is assumed,
like other civil and political rights guaranteed in the Bill of Rights, to exist from the inception of mankind
and it is an issue of transcendental importance with intergenerational implications.

Facts:
The government agencies namely, MWSS, LWUA, DENR, PPA, MMDA, DA, DBM, DPWH, DOH, DECS, and
PNP did not take notice of the present danger to public health and the depletion and contamination of
the marine life of Manila Bay. According to the Concerned Citizens, the respondents in this case, the
water quality of the Manila Bay had fallen way below the standard of water quality in a manner that
makes swimming unallowable. Thus, the Regional Trial Court ordered the government agencies to
participate in cleaning the Bay.
The Regional Trial Court involved in this case conducted hearings and ocular inspections of the
Manila Bay. Authorities from DENR and MWSS testified in favor of the petitioners that the bay is in safelevel Bathing and
that they are doing their function in reducing pollution. However, the Regional Trial Court decided in favor of the
respondents and ordered the government agencies in violation of PD No. to rehabilitate the bay. The petitioners went to
the Court of Appeals and argued that PD No. 1152’s provisions only pertain to the cleaning of specific pollution incidents
and do not cover cleaning in general. However, the Court of Appeals affirmed the Regional Trial Court decision.

Issues:
(1) Whether the cleaning of Manila Bay is a ministerial act that can be induced by mandamus.
(2) Whether Sections 17 and 20 of PD No. 1152 only pertain to the cleaning of the polluted
areas.

Ruling:
(1) Yes. The cleaning of Manila Bay is a ministerial act which may be compelled by mandamus.
The cleaning and rehabilitation of Manila Bay can be compelled by mandamus. The MMDA is
duty-bound to comply with Section 41 of the Ecological Solid Waste Management Act (RA No. 9003)
which prescribes the minimum criteria for the establishment of sanitary landfills and Section 42 which
provides the minimum operating requirements that each site operator shall maintain in the operation of
a sanitary landfill. Based on their charters, it is clear that these government agencies are also mandated
to perform certain functions relating directly or indirectly to the cleanup, rehabilitation, protection, and
preservation of the Manila Bay.
(2) No. Sections 17 and 20 also include general cleaning.
Section 17 provides that in case the water quality has deteriorated, the government agencies
concerned shall act on it to bring back the standard quality of water. Section 20, on the other hand,
mandates the government agencies concerned to take action in cleaning up in case the polluters failed to
do their part. The succeeding Section 62(g) and (h) of the same Code which provides that oil-spilling is the
cause of pollution that should be corrected in cleanup operations, actually expanded the coverage of
Section 20 because it included oil-spilling as one of the causes of pollution that need to be cleaned up by
the government agencies concerned. Moreover, Section 17 emphasizes that government agencies should
clean that water for the sake of meeting and maintaining the right quality standard. This presupposes
that the government agencies concerned have the duty of cleaning the water in general and not only at
times when there is a specific pollution incident.