Case Digest (G.R. No. 160932) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Special People, Inc. Foundation v. Canda, G.R. No. 160932, decided January 14, 2013, the petitioner, Special People, Inc. Foundation, represented by its chairman Roberto P. Cericos, sought a Certificate of Non-Coverage (CNC) from the Environmental Management Bureau (EMB) of the Department of Environment and Natural Resources (DENR) Region 7. The project involved tapping and purifying water from the Loboc River in Barangay Jimilia-an, Loboc, Bohol, for distribution to seven municipalities. On December 4, 2001, EMB-Bohol Chief Nestor M. Canda required an Initial Environmental Examination, finding the project within a “critical area.” The petitioner appealed to EMB Region 7 Director Bienvenido L. Lipayon, who on August 26, 2002, demanded numerous certifications from agencies such as PHIVOLCS, PAGASA, PHILVOCS, Mines and Geosciences Bureau, and others to determine environmental criticality. After the petitioner submitted incomplete certifications—most notably lacking proof of abs Case Digest (G.R. No. 160932) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Petitioner’s project
- Special People, Inc. Foundation proposed a water-resource development and utilization project in Barangay Jimilia-an, Loboc, Bohol, involving tapping, filtering, purifying, and distributing water from the Loboc River to Loboc and six adjacent municipalities.
- Petitioner applied for a Certificate of Non-Coverage (CNC) from the EMB-DENR Region 7 to be exempted from securing an Environmental Compliance Certificate (ECC) under Section 4 of PD No. 1586, asserting no environmental harm.
- Administrative proceedings
- EMB-Bohol (Chief Canda) on December 4, 2001 found the project in an environmentally critical area, requiring an Initial Environmental Examination (IEE) and proof of social acceptability (PAMB endorsement).
- EMB Region 7 (Director Lipayon) on April 3, 2002 acknowledged procedural compliance (Control No. CNC-02-080) but required an IEE and multiple certifications:
- DENR/PENRO that project site is not in parks, reserves, sanctuaries or under NIPAS;
- DENR/PENRO on absence of endangered species habitat;
- PAGASA (typhoon frequency), PHIVOLCS (earthquake/tsunami history), MGB 7 (fault zones/critical slopes), city engineer (flood-prone), BSWM NPAA (prime agricultural land), Provincial Tourism (aesthetic spots), NWRB (aquifer recharge), EMB 7 (waterbody uses).
- On January 28, 2003 petitioner submitted eight certifications including PHIVOLCS confirming an Intensity VII earthquake in 1990 but no critical-slope certification.
- On February 4, 2003 EMB Region 7 declared the project within a critical area and denied the CNC.
- Judicial recourse
- Petitioner filed a petition for mandamus and damages before the RTC Loay, Bohol on March 27, 2003, alleging entitlement to the CNC after compliance and citing a similar DPWH project CNC.
- RTC dismissed the petition (November 18, 2003), holding that:
- CNC issuance involves EMB discretion;
- Other administrative remedies pending;
- Control number not an approval; and
- Factual finding of critical area.
- Petitioner directly appealed to the Supreme Court by petition for review on certiorari under Rule 45.
Issues:
- Whether, after petitioner’s compliance with EMB requirements, respondents are duty-bound to issue the CNC.
- Whether petitioner exhausted available administrative remedies (appeal to DENR Secretary).
- Whether petitioner may recover damages from respondents in their personal capacities.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)