Case Digest (G.R. No. 141801)
Facts:
In Province of Rizal et al. v. Executive Secretary et al. (G.R. No. 129546, December 13, 2005), the Province of Rizal, the Municipality of San Mateo, concerned citizens and cooperatives sought certiorari, prohibition, and mandamus to annul Proclamation No. 635 (August 28, 1995), by which President Ramos excluded some 71.6 hectares of the Marikina Watershed Reservation for development as a sanitary landfill under the Metro Manila Development Authority (MMDA). From 1988, the erstwhile Metropolitan Manila Commission (MMC) had operated an open dumpsite in Pintong Bocaue under a 1988 MOA with the DENR and DPWH despite: local resolutions banning dumpsites; DENR-CENRO reports (1989–1990) condemning illegal dumping within the watershed; a suspended Environmental Compliance Certificate (ECC); objections from the Laguna Lake Development Authority; and investigative findings of ground erosion, water contamination, and public health risks. After the Court of Appeals dismissed the petition fCase Digest (G.R. No. 141801)
Facts:
- Establishment and Operation of the San Mateo Landfill
- On November 17, 1988, DENR, DPWH, and MMC entered into a MOA authorizing the use of 18 hectares in Barangay Pintong Bocaue, San Mateo for a sanitary landfill.
- The dumpsite began operations on February 19, 1990, accepting solid waste from Quezon City, Marikina, San Juan, Mandaluyong, Pateros, Pasig, Taguig, and other areas.
- Early Objections and Environmental Reports
- February 1989: The Sangguniang Bayan of San Mateo passed a resolution banning dumpsites, sending letters of objection to MMC, DPWH, DENR, and Malacañang.
- 1989–1990 DENR/CENRO reports documented:
- Illegal dumping inside the Marikina Watershed Reservation in violation of PD 705.
- Adverse impacts on 1,192 families, water sources, soil erosion, slumping, and ecological imbalance.
- March 9, 1990: LLDA objected to in-watershed dumping due to pollution risks to Laguna Lake and its water supply.
- Regulatory Actions and Proclamation No. 635
- February 19, 1990: DENR’s Environmental Management Bureau issued an Environmental Compliance Certificate (ECC) for a 2.5-ha dumpsite; suspended the ECC on July 31, 1990, citing slumping and erosion.
- November 16, 1993: DENR Secretary Alcala recommended dismantling landfill facilities and relocating operations outside the watershed.
- August 28, 1995: President Ramos issued Proclamation No. 635, excluding approximately 1,060,529 sqm of watershed land for sanitary landfill under MMDA administration.
- September 6, 1995: DENR Protected Areas and Wildlife Bureau reiterated that a dumpsite is incompatible with a watershed reservation.
- Judicial and Administrative Proceedings
- July 22, 1996: Petitioners filed a petition for certiorari, prohibition, and mandamus in the Court of Appeals, seeking to invalidate Proclamation 635 and related actions; CA denied relief on June 13, 1997.
- 1998–2001: Continued motions for injunctive relief, local protests, MOAs, and a presidential memorandum (July 19, 1999) set landfill closure by December 31, 2000.
- January 11, 2001: President Estrada directed reopening due to garbage crisis; Supreme Court issued a TRO on January 24, 2001.
- January 26, 2001: Republic Act No. 9003 (Ecological Solid Waste Management Act) was signed into law, mandating closure of dumpsites in watershed areas.
Issues:
- Whether Proclamation No. 635 was invalid because based on a forged DENR recommendation.
- Whether the landfill’s operation was unlawful due to a spurious ECC.
- Whether the withdrawal or modification of a protected watershed area may be done only by an Act of Congress (RA 7586).
- Whether the Court of Appeals erred in disregarding unanimous adverse findings and recommendations of government agencies.
- Whether Proclamation 635’s “buffer zone” argument erroneously placed the dumpsite outside the watershed boundaries.
- Whether the CA usurped Congress’s function by justifying continued landfill operations on policy grounds.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)