The Supreme Court granted the Petition of the Municipality of Bontoc (LGU-Bontoc) and set aside the portion of the Court of Appeals (CA) Resolutions that required the removal of the accumulated garbage in the Caluttit Open Dumpsite without a technical and feasibility study. The case, docketed as G.R. No. 213610, was deemed closed and terminated.
The Case
This is a Petition for Certiorari filed by the Municipality of Bontoc (LGU-Bontoc), as represented by its Mayor, Franklin Chaokas Odsey (Mayor Odsey), assailing the December 4, 2013 and May 30, 2014 Resolutions of the Court of Appeals. The LGU-Bontoc assailed the CA Resolutions for granting the motion to compel it to cause the removal of the accumulated garbage in the Caluttit Open Dumpsite.
The facts stem from a Petition for the Issuance of a Writ of Kalikasan and Writ of Continuing Mandamus with Prayer for the Issuance of Temporary Environmental Protection Order (TEPO) dated October 1, 2012 filed with the CA. It was filed by the Kalinga Anti-Pollution Action Group (KAPAG), along with Rev. Luis Aoas and others (KAPAG et al.), who alleged that their constitutional right to a balanced and healthful ecology was violated by the indiscriminate dumping of non-segregated garbage in the Chico River by the LGU-Bontoc.
The subject was the Caluttit Open Dumpsite, an open dumpsite located directly above the Chico River, maintained and operated by the LGU-Bontoc. KAPAG et al. alleged violations of the Ecological Solid Waste Management Act of 2000 (Republic Act No. 9003) and the Philippine Clean Water Act of 2004 (Republic Act No. 9275). Named as respondents were the LGU-Bontoc, the Provincial Government Unit of Mountain Province, the Department of Environment and Natural Resources (DENR), the DENR-Cordillera Administrative Region (DENR-CAR), the Environmental Management Bureau (EMB), and the EMB-CAR, among others.
The Issue
The question was whether the CA acted properly in issuing the portion of its Resolutions compelling the government offices to remove the accumulated garbage in the Caluttit Open Dumpsite, given the lack of a technical and feasibility study.
The Ruling
The Court agreed with the LGU-Bontoc that there was inconsistency in the CA's Resolution. Although the CA was aware of the lack of a feasibility study, it nevertheless compelled the government offices to remove the accumulated garbage. This order was incongruous with the Agreement and should be set aside.
The Court disposed: "ACCORDINGLY, the Petition is GRANTED. The portion of the December 4, 2013 and May 30, 2014 Resolutions of the Court of Appeals in CA-Q.R. No. SP No. 00016 which refer to the removal of the accumulated garbage in the Caluttit Open Dumpsite without the technical and feasibility study are SET ASIDE."
The Court also deemed the Manifestation of Full Compliance dated July 17, 2023, filed by the Office of the Solicitor General on behalf of the EMB-CAR and adopted by the Municipality of Bontoc, as a partial withdrawal of the LGU-Bontoc's Appeal. It declared there was full compliance with the Agreement dated February 12, 2013, and the case was deemed closed and terminated.
By the Numbers
- G.R. No. 213610
- CA Resolutions: December 4, 2013 and May 30, 2014
- Petition for Writ of Kalikasan: dated October 1, 2012
- CA Resolution ordering return: October 17, 2012
- Agreement: dated February 12, 2013
- CA Decision embodying the Agreement: February 22, 2013
- LGU-Bontoc Appeal: dated August 13, 2014
- Manifestation of Full Compliance: dated July 17, 2023
- KAPAG Compliance: dated June 18, 2023 (filed June 16, 2023)
- Republic Act No. 9003 and Republic Act No. 9275
The Court's Reasoning
The Court explained that the resolution of the case was based on the parties' February 12, 2013 Agreement, which, after the CA's approval, took on the nature of a consent decree. Under Rule 1, section 4(b) of the Rules of Procedure for Environmental Cases, a consent decree is a judicially-approved settlement between concerned parties based on public interest and public policy to protect and preserve the environment.
The Court observed that, prior to 2023, neither the LGU-Bontoc nor the DENR ever took the initiative to conduct a feasibility study for the removal of the accumulated garbage. It was only after the OSG's efforts to enlist the DENR's participation in 2023 that the necessary investigations were conducted.
The Court noted the conclusiveness of the findings in the Consolidated Report of the EMB-CAR, which provided the necessary justification for the LGU-Bontoc's refusal to remove the accumulated garbage. The Court declined to supplant the EMB-CAR's technical knowledge and deemed that the DENR, DENR-CAR, EMB, EMB-CAR, and by extension the LGU-Bontoc and LGU-Mountain Province, fully complied with the CA's February 22, 2013 Decision and December 4, 2013 Resolution.
The Court stressed that both Republic Act Nos. 9003 and 9275 implement Article II, Section 16 of the 1987 Constitution, which declares 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. It added that, even in the absence of an Agreement, it is imperative for the government officials involved to fulfill their sworn duties and obligations. Observing the doctrine of separation of powers, the Court declined to provide more specific instructions to the LGUs, noting their exercise of police power is a matter best left to their discretion.
Source: Supreme Court decision in G.R. No. 213610, Municipality of Bontoc v. Concerned parties (CA-G.R. SP No. 00016).
This report summarizes a public Supreme Court decision and is not legal advice.