Title
Metropolitan Manila Development Authority vs. Concerned Residents of Manila Bay
Case
G.R. No. 171947-48
Decision Date
Feb 15, 2011
Residents petitioned to compel government agencies to clean and rehabilitate Manila Bay; Supreme Court upheld mandamus, ordering interagency action without encroaching on executive functions.

Case Summary (G.R. No. 171947-48)

Creation of the Manila Bay Advisory Committee

To monitor compliance, the Court appointed an Advisory Committee on February 10, 2009, composed of two Justices and three technical experts. Its mandate was to verify quarterly progress reports from agencies and to recommend time frames for completion of their assigned tasks.

Resolution Directives to Government Agencies

Acting on the Committee’s recommendations, the Court’s February 15, 2011 Resolution orders specific deliverables with deadlines:

  1. DENR must update the Manila Bay Coastal Strategy Operational Plan, submit quarterly water-quality data for 2010 and a list of toxic-waste generators.
  2. DILG must direct LGUs in Metro Manila and adjacent provinces to inspect riverbank establishments for proper wastewater treatment by September 30, 2011; submit compliance reports and a five-year action plan.
  3. MWSS and its concessionaires must identify areas lacking treatment facilities, present construction plans with completion by 2037, and report sewerage fee collections.
  4. LWUA must outline sewerage and sanitation facility plans for implementation by December 31, 2020.
  5. DA/BFAR must report areas needing marine life restoration, its assistance to LGUs, monitoring data, and a five-year restoration plan.
  6. PPA must report ship-generated wastes, list violators apprehended, and describe measures and completion dates for compliance.
  7. PNP-MG and PCG must present five-year enforcement plans against marine pollution infractions.
  8. MMDA, DPWH, and concerned LGUs must identify and plan the removal of informal settlers and unlawful encroachments along specified rivers and esteros with completion dates (2012–2015), establish sanitary landfill compliance, and report open-dump closure plans.
  9. DOH must list septic/sludge operators, ensure environmental clearance licensing, and develop a hazardous-waste management system with action plans.
  10. DepEd must specify and schedule integration of pollution-prevention lessons into curricula by June 30, 2012.
  11. All agencies must submit quarterly progress reports electronically using structured performance-indicator forms.

Majority’s Justification of Continuing Mandamus

Under the 1987 Constitution’s Article VIII judicial power and Rule 39 of the Rules of Court, the Court maintains continuing jurisdiction to enforce its final judgment. Rule 8 of the Environmental Procedures authorizes writs of continuing mandamus and periodic reporting “until the judgment is fully satisfied.” Submission of plans and progress data is “necessary” to effectuate the original decision and does not intrude upon executive functions.

Dissent of Justice Carpio: Separation of Powers Breach

Justice Carpio argues that requiring agencies and LGUs to submit action plans, set deadlines and secure Court approval constitutes administrative supervision—an executive prerogative under the 1987 Constitution (Art. VII, Secs. 1, 17) and the Administrative Code (EO 292). He invokes Noblejas v. Teehankee and Manila Electric Co. v. Pasay Transportation to show that SC members cannot assume quasi-judicial or administrative duties (Const., Art. VIII, Sec. 12). By directing local executives to inspect premises and report non-complian

...continue reading

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.

About Privacy Terms