Case Summary (G.R. No. 93891)
Key Dates
– 08 August 1986: Initial sampling test by NPCC.
– 05 & 12 November 1986: NPCC inspections revealing non‐operational wastewater treatment plant and pollutive effluent discharges.
– 06 September 1988: DENR inspection confirming unoperational treatment plant and excessive effluent discharges.
– 22 September 1988: Board’s ex parte cease and desist Order.
– 26 September 1988: Solar’s receipt of the Order.
– 31 March 1989: Solar’s receipt of Board’s Writ of Execution.
– 21 April 1989: Solar’s petition for certiorari filed in Regional Trial Court.
– 21 July 1989: Trial court dismissal of certiorari petition.
– 07 February 1990 & 10 May 1990: Court of Appeals Decision and Resolution reversing trial court.
– 11 March 1991: Supreme Court promulgation.
Applicable Law
– 1987 Philippine Constitution (due process and police power).
– Presidential Decree No. 984 (Pollution Control Law), Sections 5, 7(a), 8, 38, 103.
– 1982 Effluent Regulations (max permissible levels for Class C & D waters).
– 1978 NPCC Rules and Regulations (classification of waters).
Factual Background
Solar’s plant discharged approximately 30 gallons per minute of untreated wastewater into a canal feeding the Tullahan-Tinejeros River. NPCC and DENR inspections in 1986 and 1988 found Solar’s wastewater treatment plant non-operational, with 80% of effluent bypassing treatment, and laboratory analyses showing color units, BOD, suspended solids, and other parameters exceeding allowable standards for Class D inland waters.
Inspections and Findings
– November 1986 Inspections: Confirmed continued dyeing operations without an operational treatment plant; effluent analyses exceeded Section 5 Effluent Regulations. Recommended immediate legal action.
– September 1988 Inspection: Reconfirmed non-operational treatment plant, 80% bypass discharge; laboratory results showed pollutants in excess of permissible limits.
Issuance of Ex Parte Order and Writ of Execution
Pursuant to Section 7(a) of P.D. No. 984, the Board issued an ex parte Order on 22 September 1988 directing Solar to cease discharge of untreated wastewater immediately, pending compliance. A Writ of Execution followed on 31 March 1989 to enforce the Order.
Procedural History
Solar filed a certiorari petition with preliminary injunction in the Regional Trial Court, which dismissed it on grounds that: (1) certiorari was improper, appeal was the correct remedy; and (2) the Board’s subsequent temporary‐operation Order rendered the petition moot. Solar appealed to the Court of Appeals, which reversed the trial court, declared the Writ of Execution void for denial of due process, and remanded for further proceedings.
Issue
Whether the Court of Appeals erred in holding that the Board’s ex parte Order and Writ of Execution were issued without due process and were improper subjects of certiorari.
Court’s Analysis on Ex Parte Authority and Due Process
- Authority under P.D. No. 984 Section 7(a): The Board may issue an ex parte cease and desist order when there is prima facie evidence that discharges exceed allowable standards or pose an immediate threat to public health, safety, welfare, or to animal or plant life. Proof of non-compliance with set standards alone suffices.
- Prima facie evidence: Multiple inspection reports established that Solar’s effluent exceeded maximum permissible levels under the 1982 Effluent Regulations for Class D waters (e.g., color units, BOD, suspended solids).
- Due process: The Constitution and P.D. 984 permit summary ex parte orders in the exercise of police power to prevent ongoing pollution. Procedural due process is sa
Case Syllabus (G.R. No. 93891)
Facts
- On 22 September 1988, the Pollution Adjudication Board (the “Board”) issued an ex parte cease-and-desist order directing Solar Textile Finishing Corporation (“Solar”) to stop discharging untreated wastewater into a canal leading to the Tullahan-Tinejeros River.
- The order was based on:
• Inspections by the National Pollution Control Commission (NPCC) on 5 and 12 November 1986;
• An inspection by the Department of Environment and Natural Resources (DENR) on 6 September 1988. - Key inspection findings:
• Solar generated about 30 gallons per minute of wastewater;
• 80% was bypassed directly into the canal, 20% went through a non-operational wastewater treatment plant (WTP);
• Laboratory analyses showed pollutive levels in excess of PD No. 984 standards (Color, BOD, Suspended Solids). - Solar received the Board’s order on 26 September 1988 and a writ of execution on 31 March 1989.
- Solar moved for reconsideration and stay; the Board temporarily permitted operations pending another inspection.
- On 21 April 1989, Solar filed a petition for certiorari with preliminary injunction before the Regional Trial Court (RTC), Quezon City (Civil Case No. Q-89-2287).
- The RTC dismissed the petition on 21 July 1989, ruling that (a) appeal—not certiorari—was the proper remedy, and (b) the temporary operations order rendered the petition moot.
- Solar appealed to the Court of Appeals (CA), which on 7 February 1990 reversed the RTC, remanded for further proceedings, declared the writ of execution null, but allowed future inspections. The CA cited alleged due process violations.
Procedural History
- December 1985: NPCC issued a Notice of Violation against the prior owner.
- March 1986: Solar notified NPCC of its acquisition.
- October 1986: Solar summonsed to NPCC hearing based on August sampling.
- November 1986 & September 1988: Follow-up inspections confirmed violations.
- September 1988: Board