Case Digest (G.R. No. 197878) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Gemma C. Dela Cruz, et al. v. Manila Electric Company (MERALCO), et al. (G.R. No. 197878, November 10, 2020), residents of Barangay 183, Zone 20, Villamor, Pasay City, led by Gemma C. Dela Cruz and joined by occupants of adjacent Magallanes Village, challenged the excavation and erection of poles and 115 kV transmission lines supplying the Ninoy Aquino International Airport Terminal III (NAIA III) power substation. PIATCO’s 2001 application for service prompted MERALCO to build the substation in 2002; pole installation began on September 10, 2009, but was halted by a Pasay City Engineering cease-and-desist order on December 3, 2009. A prohibitory injunction petition was filed on December 4, 2009, but another trial court branch on July 23, 2010 issued a preliminary mandatory injunction lifting the stop order. Works resumed and concluded on November 19, 2010. After an unheeded barangay recall appeal, Dela Cruz, et al. filed a Petition for Writ of Kalikasan with the Court of App Case Digest (G.R. No. 197878) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Petitioners and Respondents
- Petitioners: Residents of Barangay 183, Zone 20, Villamor, Pasay City and adjacent Magallanes Village, Makati City.
- Respondents: Manila Electric Company (MERALCO); Barangay Chairman Cesar S. Toledanes and members of the Barangay Council of Brgy. 183; Manila International Airport Authority (MIAA).
- NAIA III Power Supply and MERALCO Works
- In 2001, the Philippine International Air Terminals Co., Inc. (PIATCO) applied to MERALCO for electricity for NAIA III; a nearby substation was constructed in 2002 and a transmission‐line route chosen through Brgy. 183.
- MERALCO commenced excavation on September 10, 2009; Pasay City issued a cease-and-desist on December 3, 2009; Branch 118 RTC granted a preliminary mandatory injunction on July 23, 2010; works resumed and transmission lines carrying 115 kV were completed on November 19, 2010.
- Procedural History
- December 4, 2009: Residents filed a prohibitory injunction in RTC Branch 111; August 2010: Branch 111 declared the case moot after Branch 118’s injunction;
- December 2010: Petitioners filed a writ of kalikasan petition in the Court of Appeals (CA); January 20, 2011: CA denied it for lack of merit; July 14, 2011: CA denied reconsideration; August 16, 2011: Petition for review on certiorari filed with the Supreme Court.
Issues:
- Forum Shopping
- Violation of Right to a Balanced and Healthful Ecology
- Precautionary Principle
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)