Case Summary (G.R. No. 160932)
Initial EMB Findings
EMB Bohol Chief Canda determined that the project lay within a designated environmentally critical area, necessitating an Initial Environmental Examination (IEE) and proof of social acceptability, including PAMB endorsement.
Procedural Progress and Additional Requirements
Upon appeal, the EMB Region 7 Director acknowledged procedural compliance and assigned a control number. Subsequently, the EMB required an IEE and detailed certifications from multiple agencies to verify absence of critical-area characteristics (e.g., protected status, geologic hazards, flood- and storm-prone areas, critical slopes, prime agricultural land, recharge zones, tourist-aesthetic spots, and water classifications).
Submission and EMB Denial
The petitioner submitted eight certifications, including a PHIVOLCS report confirming a 1990 Intensity VII earthquake and noting proximity to the East Bohol Fault. Lacking certification on critical slopes—and given seismic evidence—the EMB Region 7 Director concluded the project remained within a critical area and denied the CNC.
RTC Mandamus Petition and Dismissal
Petitioner filed for a writ of mandamus in RTC, claiming entitlement to CNC after compliance and citing prior EMB CNC issuance for a similar DPWH project. The RTC dismissed the petition, emphasizing EMB’s discretion, differing project components, pending higher administrative appeal, and lack of ripe ministerial duty.
Issues on Review
- Whether respondents must issue the CNC after petitioner’s compliance
- Whether petitioner exhausted administrative remedies before seeking mandamus
- Whether petitioner may recover damages from respondents personally
Appealability and Questions of Fact
The Supreme Court held the Rule 45 certiorari petition improper, as it raised pivotal factual questions—namely, the project’s critical-area status—which the Court cannot re-examine absent exceptional circumstances.
Exhaustion of Administrative Remedies
Mandamus was premature because the petitioner did not appeal EMB Region 7’s final decision to the EMB Director or wait for resolution by the DENR Secretary, as required under Administrative Code supervision principles and DENR A.O. 2003-30.
Nature of Mandamus and Discretionary Acts
Mandamus
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Background and Project Proposal
- Petitioner: Special People, Inc. Foundation, represented by its Chairman, Roberto P. Cericos.
- Project location: Barangay Jimilia-an, Municipality of Loboc, Bohol.
- Nature of project: tapping water from the Loboc River, filtering and purifying it via electrocatalytic technology, and distributing potable water through steel pipes to Loboc and six neighboring municipalities.
- Environmental stance: no waste generation, environmentally friendly process, use of internationally accepted safety technology.
Initial Application for CNC and EMB’s Early Findings
- Petitioner applied to the Environmental Management Bureau (EMB), DENR Region 7, for a Certificate of Non-Coverage (CNC) under Section 4 of PD 1586, claiming exemption from the Environmental Compliance Certificate (ECC) requirement.
- Justifications included: simple water-tapping and purification; closed-pipe distribution; electrocatalytic process dissolves impurities; no environmental harm.
- EMB Chief Nestor M. Canda’s December 4, 2001 finding: project located within a critical area, requiring an Initial Environmental Examination; project socially and politically sensitive, requiring proof of social acceptability and PAMB endorsement.
Administrative Correspondence and Procedural Milestones
- January 11, 2002: petitioner appealed Chief Canda’s findings to EMB Region 7 Director Bienvenido L. Lipayon, citing a similar DPWH waterworks CNC grant.
- April 3, 2002: RD Lipayon acknowledged substantial procedural compliance and assigned Control No. CNC-02-080 for tracking.
- Subsequent EMB correspondence reiterated the need for an IEE due to project impact.
August 26, 2002 Requirements for Environmental-Critical Determination
- EMB Region 7’s detailed list of required certifications to assess whether the project area was “environmentally critical,” including:
• DENR/PENRO certification on absence from national parks, watershed reserves, wildlife sanctuaries, NIPAS sites, etc.
• DENR/PENRO certification on absence of endangered species habitat.
• PAGASA and PHIVOLCS certifications on typhoon and seismic history, storm-surge proneness, and earthquake intensity since specified years.
• Mines and Geosciences Bureau (MGB) certification on absence of fault lines, fault zones, and critical slopes.
• Local government certifications on flood-prone stat