The Supreme Court has denied the petition of Hector Casidsid, the Barangay Chairperson of Barangay Yapak, Boracay Island, Municipality of Malay, Province of Aklan, upholding his conviction for violation of Section 48(9), in relation to Section 37, of Republic Act No. 9003, otherwise known as the Ecological Solid Waste Management Act of 2000. The Court affirmed the Decision dated May 28, 2021, and the Resolution dated December 15, 2021, of the Court of Appeals in CA-G.R. SP No. 13868, and ordered Casidsid to pay a fine of PHP 500,000.00.
The Case
On June 5, 2014, the Office of the Ombudsman filed an Information before the Municipal Circuit Trial Court (MCTC) charging Casidsid with establishing, operating, and using an open dump site on a parcel of land owned by Leo Neil G. Tirol in Sitio Ilig-Iligan, Barangay Yapak, Boracay Island, on or about March 16, 2012, and for some time prior and subsequent thereto, without the knowledge and consent of the owner. Casidsid pleaded not guilty at his arraignment on January 7, 2015.
Tirol testified that he and his mother are the registered owners of the property, covered by Transfer Certificate of Title No. T-25456, which they inherited from his father. He stated that since the property became a dump site, it had become uninhabitable and its value substantially depreciated, and could no longer be used for any purpose without health risk and exposure to hazardous smoke caused by the burning of garbage.
Engineer Ricardo D. Benjamin, Sr. of the Department of Environment and Natural Resources (DENR) testified that his team inspected the property on April 13, 2012. The Ocular Investigation Report stated that heaps of mixed garbage such as plastics, Styrofoam, bottles, food waste, fish scales, chicken bones, newspapers, and sachet products were visible in the area, and that a deep excavation area intended as a dumping site for biodegradable garbage was found, with traces of wastes covered with soil indicating that dumping had been ongoing for a longer time.
Casidsid denied using the property as an open dump site, claiming a private entity caused the dumping. He also questioned the validity of Tirol's title, asserting that Boracay was part of the public domain. He further claimed that Tirol had a motive to file the complaint because the Barangay had refused to issue a certification attesting to Tirol's possession of the property.
The Issue
The Court addressed whether Casidsid was guilty beyond reasonable doubt of violating Section 48(9), in relation to Section 37, of Republic Act No. 9003, for establishing, operating, and using an open dump site.
The Ruling
The Supreme Court ruled that there was no reason to disturb the findings of the lower courts in convicting Casidsid of the crime charged. The Court held that Casidsid, as Barangay Chairperson, was vested with the power and authority to properly implement Republic Act No. 9003, and that his silence and inaction may be properly treated as indicia that he allowed the establishment and operation of the open dump site. The Court also held that lack of resources is not a valid excuse to avoid liability under the law.
The dispositive portion of the Decision reads: "ACCORDINGLY, the Petition for Review on Certiorari is DENIED for lack of merit. The Decision, dated May 28, 2021, and the Resolution, dated December 15, 2021, of the Court of Appeals in CA-G.R. SP No. 13868, are AFFIRMED."
The Court additionally directed the National Solid Waste Management Commission to report to the Court the determined share of Barangay Yapak from the Solid Waste Management Fund and its release to the latter within 90 days from receipt of the Decision. The Municipality of Malay, Province of Aklan, was ordered to conduct clean-up operations and permanently close the subject dump site in accordance with Republic Act No. 9003, and to report compliance within 90 days from receipt of the Decision.
By the Numbers
- G.R. No. 260539
- Information filed: June 5, 2014
- Arraignment: January 7, 2015
- Alleged offense date: on or about March 16, 2012
- DENR ocular inspection: April 13, 2012
- CA Decision affirmed: May 28, 2021
- CA Resolution affirmed: December 15, 2021
- Compliance deadline for directed parties: 90 days from receipt of the Decision
The Court's Reasoning
The Court found that the prosecution established beyond reasonable doubt that an open dump site was established and operated within Tirol's property. It noted that Casidsid admitted on cross-examination that he had not seen the alleged contract he cited in his defense. The Court found that a minor inconsistency in Tirol's testimony — whether he personally made the ocular inspection or sent a representative — did not diminish his credibility, as the fact remained undisputed that an open dump had been established and operated within the property, confirmed by the DENR's own investigation.
The Court further stated that Casidsid's attempt to shift blame to the DENR was unavailing, noting his admission that he did not even request the DENR's assistance to address the open dump in his locality. The Court emphasized that the right to a balanced and healthful ecology is a concrete guarantee and enforceable right, and stated that it would not hesitate in the face of any act or omission that threatens this fundamental right, particularly for Boracay.
Source: Supreme Court of the Philippines, G.R. No. 260539.
This report summarizes a public Supreme Court decision and is not legal advice.