Case Digest (G.R. No. 10402)
Facts:
In Mayor Tomas R. Osmeña v. Joel Capili Garganera (G.R. No. 231164, March 20, 2018), petitioner Mayor Tomas R. Osmeña, in his capacity as City Mayor of Cebu, filed a petition under Rule 45 and the Rules of Procedure for Environmental Cases (RPEC) to assail the Court of Appeals’ December 15, 2016 Decision and March 14, 2017 Resolution in CA G.R. SP No. 004WK granting a writ of kalikasan. In 1993, the Department of Environment and Natural Resources (DENR) issued an Environmental Compliance Certificate (ECC) for the sanitary landfill at Inayawan, which served as Cebu City’s disposal site. Pursuant to City Council resolutions in 2011 and 2012, the landfill was partially closed and waste was diverted to Consolacion; it was formally closed on June 15, 2015. In June 2016, the Osmeña administration, through Acting Mayor Margot Osmeña, requested DENR–EMB to reopen the facility temporarily and submitted commitments under Republic Act No. 9003. Although the EMB stated it lacked authority tCase Digest (G.R. No. 10402)
Facts:
- Antecedents of the Inayawan Landfill
- On April 6, 1993, DENR issued an Environmental Compliance Certificate (ECC) to the Metro Cebu Development Project Office for the Inayawan sanitary landfill, which became Cebu City’s primary garbage disposal site.
- In 2011, Cebu City’s Sangguniang Panlungsod (SP) adopted Resolution No. 12-0582-2011 (Aug. 24, 2011), allocating ₱1,204,500 for a closure and rehabilitation plan, and later SP Resolution No. 12-2617-2012 (Mar. 21, 2012) to commence bidding. Waste was partially diverted to a Consolacion landfill; formal closure occurred on June 15, 2015.
- Reopening under Mayor Osmeña’s administration
- On June 8, 2016, Acting Mayor Margot Osmeña wrote EMB-DENR seeking temporary reopening; after a technical conference and submission of commitments under R.A. 9003, EMB raised no objection, subject to monitoring. The landfill was re-opened in July 2016.
- On September 2, 2016, EMB issued a Notice of Violation and Technical Conference for ECC breaches. On September 6, 2016, DOH’s Inspection Report recommended immediate closure due to sanitary, environmental and health‐safety deficits.
- Writ of kalikasan proceedings before the CA
- On September 23, 2016, Joel Garganera, representing residents of Cebu and Talisay (including future generations), filed a petition for a writ of kalikasan with prayer for a TEPO before the Court of Appeals (CA), alleging serious environmental damage and violations of R.A. 9003, R.A. 8749, R.A. 9275, P.D. 856 and DAO 2003-30.
- CA Resolution (Oct. 6, 2016) granted the writ and set summary hearing. Petitioner’s return challenged lack of a 30-day notice under citizen-suit provisions. On December 15, 2016, CA Decision granted the writ, ordering:
- CA Resolution (Mar. 14, 2017) denied petitioner’s motion for reconsideration and directed submission of a Safe Closure and Rehabilitation Plan within 30 days.
Issues:
- Notice Requirement
- Whether the 30-day prior notice for citizen suits under R.A. 9003 and R.A. 8749 must precede filing of a petition for a writ of kalikasan.
- Writ Prerequisites
- Whether the CA correctly found the conditions for granting the writ of kalikasan sufficiently established.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)