Case Summary (G.R. No. 171947-48)
Key Dates
Supreme Court fallo rendered December 18, 2008 (became final January 2009); the challenged Resolution resolving implementation directives was promulgated in the execution phase (referenced decision date in the prompt: February 15, 2011). The Court set multiple reporting and implementation deadlines in 2011 and thereafter.
Applicable Law and Constitutional Basis
Principal constitutional framework: 1987 Constitution (Article VIII and related provisions regarding judicial power and separation of powers). Statutory and administrative instruments referenced in the Court’s fallo and Resolution include: EO 192 (DENR primary agency for environment), RA 9275 (Clean Water Act of 2004), PD 1152 (Philippine Environment Code), RA 8550 (Fisheries Code), PD 979 (Marine Pollution Decree), RA 9003 (Ecological Solid Waste Management Act), Administrative Code (EO 292), Local Government Code (RA 7160), Rules of Court Rule 39 §47 (effect of judgments), and the Rules of Procedure for Environmental Cases (Rules 7–8 concerning continuing mandamus and periodic reports).
Fallo of December 18, 2008 — General Obligation
The December 18, 2008 decision (affirming RTC and CA decisions with modifications) ordered the named government agencies to clean up, rehabilitate, preserve Manila Bay and restore/maintain its waters to SB (Class B) level for contact recreation. The Court issued specific directives to particular agencies based on their statutory mandates, with an overarching writ of continuing mandamus to ensure sustained implementation until full compliance.
Fallo — Specific Agency Directives (Overview)
The fallo detailed discrete obligations: DENR to implement the Manila Bay Coastal Strategy; DILG to direct LGUs to inspect riverbank establishments and require wastewater treatment or septic tanks; MWSS to provide wastewater treatment in Metro Manila, Rizal, Cavite; LWUA to provide sewerage/sanitation in specified provinces; DA/BFAR to restore marine life and assist LGUs; PCG and PNP Maritime Group to apprehend violators of marine pollution laws; PPA to prevent ship-generated waste discharge and apprehend violators; MMDA/DPWH to remove illegal encroachments and establish a sanitary landfill; DOH to audit septic/sludge companies and their facilities; DepEd to integrate environmental education into curricula; DBM to consider budgetary provision; and periodic reporting by agency heads to the Court under continuing mandamus.
Execution Phase, Advisory Committee Findings, and Judicial Monitoring
Upon finality of the December 2008 decision, the case entered execution. The Court created the Manila Bay Advisory Committee to evaluate agency quarterly progressive reports and monitor execution. The Committee identified implementation problems: voluminous and non‑uniform reports; lack of definite completion schedules set by DENR; leadership changes at national/local levels; and compliance difficulties encountered by some agencies. The majority concluded that issuing further resolutions and requiring reports during the execution stage is an exercise of judicial power (continuing jurisdiction) under Article VIII and is encompassed by the effect of a final judgment, as interpreted in Rule 39 §47 and the environmental rules (Rule 8, Sections 7–8) which expressly contemplate periodic reports and continuing mandamus.
2011 Resolution — DENR and Waste/Hazardous‑Waste Reporting
The Resolution ordered DENR, as lead agency under RA 9275, to submit by June 30, 2011 an updated Operational Plan for the Manila Bay Coastal Strategy, summarized water quality data for all quarters of 2010 by June 30, 2011, and names and addresses of toxic and hazardous waste generators in the listed provinces by September 30, 2011.
2011 Resolution — DILG and LGU Inspections; MWSS Land Provision
DILG was ordered (by June 30, 2011) to direct mayors and governors of Metro Manila and the listed provinces to inspect factories, commercial establishments and private homes along major river systems and abutting lands to determine presence of wastewater treatment or hygienic septic tanks. LGU officials were given until September 30, 2011 to finish inspections and until December 31, 2011 to submit compliance reports to DILG (with names/addresses of non‑complying entities). DILG must also submit a five‑year plan ensuring compliance and, by June 30, 2011, consider providing land for MWSS wastewater facilities or its concessionaires within LGU jurisdictions.
2011 Resolution — MWSS, Concessionaires, LWUA, and Completion Schedules
MWSS was ordered by June 30, 2011 to submit the list of areas lacking wastewater treatment in Metro Manila, Rizal, Cavite, and to have its concessionaires submit construction plans and completion periods (not beyond 2037 per Resolution text). Concessionaires must also report sewerage fees collected as of Dec 31, 2010. LWUA was ordered to submit by September 30, 2011 its plan for sewerage/sanitation works with full implementation by December 31, 2020.
2011 Resolution — DA/BFAR, PPA, PCG, and PNP Maritime Group
DA/BFAR to report by June 30, 2011 areas in Manila Bay needing marine life restoration, monitoring data, assistance to LGUs, and to submit a five‑year restoration plan and baseline pollution loading data (by Sept 30, 2011). PPA to include in quarterly reports lists of apprehended violators, names/make/capacity of ships docking PPA ports, and by June 30, 2011 submit measures and completion dates to prevent ship‑generated waste dumping; PPA to report activities of its concessionaire handling ship wastes (including ship particulars and volumes/treatment/disposal sites since Aug 2003). PNP Maritime Group and PCG to submit five‑year plans of action by June 30, 2011 to apprehend violators of fisheries/marine pollution laws and ensure successful prosecution.
2011 Resolution — MMDA, DPWH, Landfills, and Informal Settlers
MMDA to submit by June 30, 2011 names/addresses of informal settlers occupying/owning structures encroaching on specified riverbanks as of Dec 31, 2010, and to submit a removal/demolition plan with completion not later than Dec 31, 2015. MMDA was ordered to submit within 30 days a status report on establishing a sanitary landfill for Metro Manila per RA 9003 standards, to identify illegal open and controlled dumps and provide closure plans by Dec 31, 2012. DENR (as NSWMC chair) to report on open/controlled dumps in listed provinces and to report whether specific landfills comply with RA 9003 §§41–42. DPWH and LGUs in the provinces were ordered to submit informal settler lists (as of Sept 30, 2010) and removal/demolition plans to be implemented not later than Dec 31, 2012.
2011 Resolution — DOH, DepEd, and Reporting Format
DOH to submit by June 30, 2011 names/addresses of septic/sludge companies, require environmental sanitation clearances and licenses, and, jointly with DENR‑EMB, develop a toxic and hazardous waste management system by June 30, 2011. DepEd to report by May 31, 2011 the pollution‑prevention and environmental subjects integrated into the 2011–2012 curricula and to submit a plan to ensure full implementation by June 30, 2012. All agencies were required to submit quarterly reports electronically using prescribed forms and may add other key performance indicators.
Majority’s Legal Rationale for the Court’s Execution‑Stage Directives
The majority held that (a) the Court’s issuance of subsequent resolutions and monitoring directives during execution is a legitimate exercise of judicial power under Article VIII because monitoring and enforcement are integral to effectuating a final judgment; (b) Rule 39 §47 and Rules of Procedure for Environmental Cases (Secs. 7–8) support periodic reporting and continuing mandamus; and (c) permitting the Court to require plans, status reports, and coordination is part of the execution stage and not an unconstitutional encroachment on executive functions. The majority noted none of the agencies challenged the Court’s power to implement the December 18, 2008 Decision.
Dissent — Justice Carpio: Judicial Encroachment and Constitutional Limits
Justice Carpio dissented, contending the Resolution unlawfully intrudes on the Executive’s exclusive authority. He argued the Court lacks competence and j
...continue readingCase Syllabus (G.R. No. 171947-48)
Case Caption and Citation
- Full citation: 658 Phil. 223 EN BANC; G.R. Nos. 171947-48, February 15, 2011.
- Parties: Petitioners comprised multiple national agencies (MMDA, DENR, DepEd [formerly DepEd/Culture and Sports reference], DOH, DA, DPWH, DBM, PCG, PNP Maritime Group, DILG, and others referenced as MWSS, LWUA, PPA); Respondents are Concerned Residents of Manila Bay represented and joined by named individuals.
- The Resolution is authored by Justice Velasco, Jr., with the Court issuing ordering paragraphs and concurrent/dissenting opinions recorded.
Procedural History and Post-Judgment Status
- On December 18, 2008 the Court rendered a Decision in G.R. Nos. 171947-48 ordering petitioning agencies to clean up, rehabilitate and preserve Manila Bay.
- The December 18, 2008 fallo as revised and set out in the Resolution (quoted) denies the petitioners’ relief and affirms prior CA and RTC decisions but with modifications.
- No government agency filed a motion for reconsideration; the Decision became final in January 2009 and is in the execution phase.
- The Manila Bay Advisory Committee was created to receive and evaluate quarterly progressive reports and to monitor execution; it recommended that time frames be set because specific completion periods were largely absent.
Dispositive Orders of the December 18, 2008 Decision (As Restated)
- The RTC fallo, as modified, ordered the government agencies to clean up, rehabilitate, preserve Manila Bay and restore and maintain its waters to SB level (Class B sea waters under DENR AO No. 34 [1990]).
- Specific agency directives were issued in the dispositive portion, assigning tasks to DENR, DILG, MWSS, LWUA, DA/BFAR, PCG, PNP Maritime Group, PPA, MMDA, DPWH, DOH, DepEd, DBM, and others.
- The heads of specified agencies were ordered, in line with "continuing mandamus," to submit quarterly progressive reports to the Court from finality of the Decision.
Legal Bases and Doctrinal Authorities Cited for Court’s Continuing Role
- The Court explains issuance of subsequent resolutions as an exercise of judicial power under Article VIII because execution of a Decision is an integral part of adjudicative function.
- Rule 39, Section 47 of the Rules of Court is cited: final judgments include matters "actually and necessarily included therein or necessary thereto," thus encompassing activities needed to fully implement a final judgment.
- Rules of Procedure for Environmental Cases, Rule 8, Sections 7 and 8 are quoted and relied upon: courts may grant continuing mandamus, require periodic reports, and evaluate/monitor compliance; partial returns of the writ are to contain periodic reports and a final return upon full satisfaction.
- The Court states that the writ of continuing mandamus issued in MMDA means the Court may exercise continuing jurisdiction until full execution of the judgment.
Manila Bay Advisory Committee: Creation, Composition, and Role
- The Court En Banc approved creation of an Advisory Committee (February 10, 2009) "that will verify the reports of the government agencies tasked to clean up the Manila Bay."
- Composition: two members of the Court (Hon. Presbitero J. Velasco, Jr., Chairperson/ponente; Hon. Jose Midas P. Marquez, Court Administrator, Vice-Chairperson) and three technical experts (Dr. Gil S. Jacinto; Dr. Elisea G. Gozun; Dr. Antonio G.M. La ViAa).
- Role: receive and evaluate quarterly progressive reports, monitor execution, and recommend time frames and directives to implement the December 18, 2008 Decision.
Problems Identified by the Advisory Committee and the Court’s Observations
- Voluminous quarterly reports are being submitted by agencies.
- Lack of a uniform reporting format among petitioner-agencies for cleanup, rehabilitation and preservation activities.
- As of Committee review, DENR had not set definite deadlines for agencies' tasks.
- Changes in national and local leadership as of June 2010 affected continuity.
- Some agencies encountered difficulties complying with Court directives.
- These issues prompted the Court, acting on Committee recommendation, to ORDER specific actions and deadlines to address concerns and ensure implementation.
Principal Orders and Specific Agency Directives (Summary of Court’s ORDERS)
- General: The Court resolves to ORDER several agencies to submit specified plans, data, lists, reports and action programs with precise deadlines (largely June 30, 2011 or dates stated below), and to adopt reporting formats; agencies may add KPIs.
- DENR:
- Submit updated Operational Plan for the Manila Bay Coastal Strategy on or before June 30, 2011.
- Submit summarized data on overall Manila Bay water quality for all four quarters of 2010 on or before June 30, 2011.
- Submit names and addresses of persons/companies in Metro Manila, Rizal, Laguna, Cavite, Bulacan, Pampanga, Bataan generating toxic/hazardous waste on or before September 30, 2011.
- DILG:
- Order mayors/governors to inspect factories, commercial establishments, and private homes along major river systems and lands abutting the bay to determine presence of wastewater treatment facilities/septic tanks; LGUs to finish inspections by September 30, 2011.
- Require LGUs to take action against non-complying entities; collect names/addresses of non-complying owners and furnish compliance reports to DILG by December 31, 2011 (copy furnished DENR or LLDA).
- Submit a five-year plan of action to ensure compliance by non-complying parties.
- Consider providing land for MWSS wastewater facilities within respective jurisdictions on or before June 30, 2011.
- MWSS and its Concessionaires (Maynilad and Manila Water, Inc.):
- MWSS to submit list of areas in Metro Manila, Rizal and Cavite lacking wastewater treatment facilities on or before June 30, 2011.
- Concessionaires to submit plans, projects, completion period not beyond 2037 (majority Resolution states 2037; dissent notes an alternate 2020 completion period in discussion).
- Concessionaires to report amount collected as sewerage fees as of December 31, 2010 on or before June 30, 2011.
- LWUA:
- Submit plan by September 30, 2011 to provide/install/operate/maintain sewerage and sanitation facilities in specified provinces and completion period; full implementation by December 31, 2020.
- DA / BFAR:
- Submit report on Manila Bay areas needing marine life restoration/improvement and assistance extended to LGUs, including monitoring data, on or before June 30, 2011.
- Submit five-year plan to restore/improve marine life and completion periods.
- Submit baseline data as of September 30, 2010 on pollution loading from agricultural/livestock sources by September 30, 2011.
- PPA:
- Incorporate list of apprehended violators and case status in quarterly reports.
- Include names, make and capacity of ships docking at PPA ports.
- Submit measures and completion dates to implement compliance with paragraph 7 of the MMDA Decision on or before June 30, 2011.
- Include detailed concessionaire activities servicing ships since August 2003: names/make/capacity of ships serviced, docking dates, days at sea with passenger/crew numbers, volumes of wastes collected, treatment undertaken and disposal sites.
- PNP Maritime Group and PCG:
- PNP Maritime Group to submit five-year plan of action on apprehending violators of RA 8550 and other laws, and on ensuring successful prosecution, on or before June 30, 2011.
- PCG to submit five-year plan of action on apprehending violators of PD 979, RA 9993 and other laws, and on ensuring successful prosecution, on or before June 30, 2011.
- MMDA and DPWH / LGUs:
- MMDA to submit names/addresses of informal settlers in Metro Manila occupying/owning houses/structures/encroachments along specified rivers as of Dec 31, 2010 and plan for removal/demolition with completion no later than Dec 31, 2015; submit status on establishment of a sanitary landfill within 30 days from receipt of Resolution.
- MMDA to submit report of locations of open/controlled dumps in Metro Manila illegal after Feb 21, 2006, and plan for closure by Dec 31, 2012, on or before June 30, 2011.
- DENR Secretary as NSWMC Chairperson to submit reports on open/controlled dumps in Rizal, Cavite, Laguna, Bulacan, Pampanga, Bataan and to report whether listed landfills comply with Sections 41 and 42 of RA 9003 (enumerated list of specific facilities) on or before June 30, 2011.
- MMDA and 17 Metro Manila LGUs to jointly submit average monthly garbage collected per district (Jan 2009–Dec 31, 2010) vis-à-vis average monthly garbage dispo