FIRST DIVISION
[G.R. No. 148622.
September 12, 2002]
REPUBLIC OF THE PHILIPPINES, represented by HON. HEHERSON T. ALVAREZ, in his capacity as Secretary of the DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR), CLARENCE L. BAGUILAT, in his capacity as the Regional Executive Director of DENR-Region XI and ENGR. BIENVENIDO L. LIPAYON, in his capacity as the Regional Director of the DENR-ENVIRONMENTAL MANAGEMENT BUREAU (DENR-EMB), Region XI, petitioners, vs. THE CITY OF DAVAO, represented by BENJAMIN C. DE GUZMAN, City Mayor, respondent.
D E C I S I O N
YNARES-SANTIAGO,
J.:
Before us is a petition
for review[1] on certiorari assailing the decision[2] dated May 28, 2001 of the Regional Trial
Court of Davao City, Branch 33, which granted the writ of mandamus and
injunction in favor of respondent, the City of Davao, and against petitioner,
the Republic, represented by the Department of Environment and Natural
Resources (DENR). The trial court also
directed petitioner to issue a Certificate of Non-Coverage in favor of
respondent.
The antecedent facts of
the case are as follows:
On August 11, 2000,
respondent filed an application for a Certificate of Non-Coverage (CNC) for its
proposed project, the Davao City Artica Sports Dome, with the Environmental
Management Bureau (EMB), Region XI.
Attached to the application were the required documents for its
issuance, namely, a) detailed location map of the project site; b) brief
project description; and c) a certification from the City Planning and
Development Office that the project is not located in an environmentally
critical area (ECA). The EMB Region XI
denied the application after finding that the proposed project was within an
environmentally critical area and ruled that, pursuant to Section 2,
Presidential Decree No. 1586, otherwise known as the Environmental Impact
Statement System, in relation to Section 4 of Presidential Decree No, 1151,
also known as the Philippine Environment Policy, the City of Davao must undergo
the environmental impact assessment (EIA) process to secure an Environmental
Compliance Certificate (ECC), before it can proceed with the construction of
its project.
Believing that it was
entitled to a Certificate of Non-Coverage, respondent filed a petition for
mandamus and injunction with the Regional Trial Court of Davao, docketed as
Civil Case No. 28,133-2000. It alleged
that its proposed project was neither an environmentally critical project nor
within an environmentally critical area; thus it was outside the scope of the
EIS system. Hence, it was the
ministerial duty of the DENR, through the EMB-Region XI, to issue a CNC in
favor of respondent upon submission of the required documents.
The Regional Trial Court
rendered judgment in favor of respondent, the dispositive portion of which
reads as follows:
WHEREFORE, finding the petition to be meritorious, judgment granting the writ of mandamus and injunction is hereby rendered in favor of the petitioner City of Davao and against respondents Department of Environment and Natural Resources and the other respondents by:
1) directing the respondents to issue in favor of the petitioner City of Davao a Certificate of Non-Coverage, pursuant to Presidential Decree No. 1586 and related laws, in connection with the construction by the City of Davao of the Artica Sports Dome;
2) making the preliminary injunction issued on December 12, 2000 permanent.
Costs de oficio.
SO ORDERED.[3]
The trial court
ratiocinated that there is nothing in PD 1586, in relation to PD 1151 and
Letter of Instruction No. 1179 (prescribing guidelines for compliance with the
EIA system), which requires local government units (LGUs) to comply with the
EIS law. Only agencies and
instrumentalities of the national government, including government owned or
controlled corporations, as well as private corporations, firms and entities
are mandated to go through the EIA process for their proposed projects which
have significant effect on the quality of the environment. A local government unit, not being an agency
or instrumentality of the National Government, is deemed excluded under the
principle of expressio unius est exclusio alterius.
The trial court also
declared, based on the certifications of the DENR-Community Environment and
Natural Resources Office (CENRO)-West, and the data gathered from the
Philippine Institute of Volcanology and Seismology (PHIVOLCS), that the site
for the Artica Sports Dome was not within an environmentally critical
area. Neither was the project an
environmentally critical one. It
therefore becomes mandatory for the DENR, through the EMB Region XI, to approve
respondent’s application for CNC after it has satisfied all the requirements
for its issuance. Accordingly,
petitioner can be compelled by a writ of mandamus to issue the CNC, if it
refuses to do so.
Petitioner filed a motion
for reconsideration, however, the same was denied. Hence, the instant petition for review.
With the supervening
change of administration, respondent, in lieu of a comment, filed a
manifestation expressing its agreement with petitioner that, indeed, it needs
to secure an ECC for its proposed project.
It thus rendered the instant petition moot and academic. However, for the guidance of the
implementors of the EIS law and pursuant to our symbolic function to educate
the bench and bar,[4] we are inclined to address the issue raised
in this petition.
Section 15 of Republic
Act 7160,[5] otherwise known as the Local Government
Code, defines a local government unit as a body politic and corporate endowed
with powers to be exercised by it in conformity with law. As such, it performs dual functions,
governmental and proprietary. Governmental functions are those that concern the
health, safety and the advancement of
the public good or welfare as affecting the public generally.[6] Proprietary functions are those that seek to
obtain special corporate benefits or earn pecuniary profit and intended for
private advantage and benefit.[7] When exercising governmental powers and
performing governmental duties, an LGU is an agency of the national government.[8] When engaged in corporate activities, it
acts as an agent of the community in the administration of local affairs.[9]
Found in Section 16 of
the Local Government Code is the duty of the LGUs to promote the people’s right
to a balanced ecology.[10] Pursuant to this, an LGU, like the City of
Davao, can not claim exemption from the coverage of PD 1586. As a body politic
endowed with governmental functions, an LGU has the duty to ensure the quality
of the environment, which is the very same objective of PD 1586.
Further, it is a rule of
statutory construction that every part of a statute must be interpreted with
reference to the context, i.e., that every part must be considered with
other parts, and kept subservient to the general intent of the enactment.[11] The trial court, in declaring local
government units as exempt from the coverage of the EIS law, failed to relate
Section 2 of PD 1586[12] to the following provisions of the same law:
WHEREAS, the pursuit of a comprehensive and integrated environmental protection program necessitates the establishment and institutionalization of a system whereby the exigencies of socio-economic undertakings can be reconciled with the requirements of environmental quality; x x x.
Section 1. Policy. – It is hereby declared the policy of the State to attain and maintain a rational and orderly balance between socio-economic growth and environmental protection.
x x x x x x x x x
Section 4. – Presidential Proclamation of Environmentally Critical Areas and Projects. – The President of the Philippines may, on his own initiative or upon recommendation of the National Environmental Protection Council, by proclamation declare certain projects, undertakings or areas in the country as environmentally critical. No person, partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his duly authorized representative. For the proper management of said critical project or area, the President may by his proclamation reorganize such government offices, agencies, institutions, corporations or instrumentalities including the realignment of government personnel, and their specific functions and responsibilities.
Section 4 of PD 1586
clearly states that “no person, partnership or corporation shall undertake or
operate any such declared environmentally critical project or area without
first securing an Environmental Compliance Certificate issued by the President
or his duly authorized representative.”[13] The Civil Code defines a person as either
natural or juridical. The state and its political subdivisions, i.e., the local
government units[14] are juridical persons.[15] Undoubtedly therefore, local government
units are not excluded from the coverage of PD 1586.
Lastly, very clear in
Section 1 of PD 1586 that said law intends to implement the policy of the state
to achieve a balance between socio-economic development and environmental
protection, which are the twin goals of sustainable development. The
above-quoted first paragraph of the Whereas clause stresses that this can only
be possible if we adopt a comprehensive and
integrated environmental protection
program where all the sectors of
the community are involved, i.e., the government and the private
sectors. The local government units, as part of the machinery of the
government, cannot therefore be deemed as outside the scope of the EIS system.[16]
The foregoing arguments,
however, presuppose that a project, for which an Environmental Compliance
Certificate is necessary, is environmentally critical or within an
environmentally critical area. In the
case at bar, respondent has sufficiently shown that the Artica Sports Dome will
not have a significant negative environmental impact because it is not an
environmentally critical project and it is not located in an environmentally
critical area. In support of this
contention, respondent submitted the following:
1. Certification from the City Planning and Development Office that the project is not located in an environmentally critical area;
2. Certification from the Community Environment and Natural Resources Office (CENRO-West) that the project area is within the 18-30% slope, is outside the scope of the NIPAS (R.A. 7586), and not within a declared watershed area; and
3. Certification from PHILVOCS that the project site is thirty-seven (37) kilometers southeast of the southernmost extension of the Davao River Fault and forty-five (45) kilometers west of the Eastern Mindanao Fault; and is outside the required minimum buffer zone of five (5) meters from a fault zone.
The trial court, after a
consideration of the evidence, found that the Artica Sports Dome is not within
an environmentally critical area.
Neither is it an environmentally critical project. It is axiomatic that factual findings of the
trial court, when fully supported by the evidence on record, are binding upon
this Court and will not be disturbed on appeal.[17] This Court is not a trier of facts.[18]
There are exceptional
instances when this Court may disregard factual findings of the trial court,
namely: a) when the conclusion is a finding grounded entirely on speculations,
surmises, or conjectures; b) when the inference made is manifestly mistaken,
absurd, or impossible; c) where there is a grave abuse of discretion; d) when
the judgment is based on a misapprehension of facts; e) when the findings of
fact are conflicting; f) when the Court of Appeals, in making its findings,
went beyond the issues of the case and the same are contrary to the admissions
of both appellant and appellee; g) when the findings of the Court of Appeals
are contrary to those of the trial court; h) when the findings of fact are
conclusions without citation of specific evidence on which they are based; i)
when the finding of fact of the Court of Appeals is premised on the supposed
absence of evidence but is contradicted by the evidence on record; and j) when
the Court of Appeals manifestly overlooked certain relevant facts not disputed
by the parties and which, if properly considered, would justify a different
conclusion.[19] None of these exceptions, however, obtain in
this case.
The Environmental Impact
Statement System, which ensures environmental protection and regulates certain
government activities affecting the environment, was established by
Presidential Decree No. 1586. Section 2
thereof states:
There is hereby established an Environmental Impact Statement System founded and based on the environmental impact statement required under Section 4 of Presidential Decree No. 1151, of all agencies and instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations, firms and entities, for every proposed project and undertaking which significantly affect the quality of the environment.
Section 4 of PD 1151, on
the other hand, provides:
Environmental Impact Statements. – Pursuant to the above enunciated policies and goals, all agencies and instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations, firms and entities shall prepare, file and include in every action, project or undertaking which significantly affects the quality of the environment a detailed statement on–
(a) the environmental impact of the proposed action, project or undertaking
(b) any adverse environmental effect which cannot be avoided should the proposal be implemented
(c) alternative to the proposed action
(d) a determination that the short-term uses of the resources of the environment are consistent with the maintenance and enhancement of the long-term productivity of the same; and
(e) whenever a proposal involves the use of depletable or nonrenewable resources, a finding must be made that such use and commitment are warranted.
Before an environmental impact statement is issued by a lead agency, all agencies having jurisdiction over, or special expertise on, the subject matter involved shall comment on the draft environmental impact statement made by the lead agency within thirty (30) days from receipt of the same.
Under Article II, Section
1, of the Rules and Regulations Implementing PD 1586, the declaration of
certain projects or areas as environmentally critical, and which shall fall
within the scope of the Environmental Impact Statement System, shall be by
Presidential Proclamation, in accordance with Section 4 of PD 1586 quoted
above.
Pursuant thereto,
Proclamation No. 2146 was issued on December 14, 1981, proclaiming the
following areas and types of projects as environmentally critical and within
the scope of the Environmental Impact Statement System established under PD
1586:
A. Environmentally
Critical Projects
I. Heavy Industries
a. Non-ferrous metal industries
b. Iron and steel mills
c. Petroleum and petro-chemical industries including oil and gas
d. Smelting plants
II. Resource Extractive Industries
a. Major mining and quarrying projects
b. Forestry projects
1. Logging
2. Major wood processing projects
3. Introduction of fauna (exotic-animals) in public/private forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing
c. Fishery Projects
1. Dikes for/and fishpond development projects
III. Infrastructure Projects
a. Major dams
b. Major power plants (fossil-fueled, nuclear fueled, hydroelectric or geothermal)
c. Major reclamation projects
d. Major roads and bridges
B. Environmentally
Critical Areas
1. All areas declared by law as national parks, watershed reserves, wildlife preserves and sanctuaries;
2. Areas set aside as aesthetic potential tourist spots;
3. Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine Wildlife (flora and fauna);
4. Areas of unique historic, archaeological, or scientific interests;
5. Areas which are traditionally occupied by cultural communities or tribes;
6. Areas frequently visited and/or hard-hit by natural calamities (geologic hazards, floods, typhoons, volcanic activity, etc.);
7. Areas with critical slopes;
8. Areas classified as prime agricultural lands;
9. Recharged areas of aquifers;
10. Water bodies characterized by one or any combination of the following conditions;
a. tapped for domestic purposes
b. within the controlled and/or protected areas declared by appropriate authorities
c. which support wildlife and fishery activities
11. Mangrove areas characterized by one or any combination of the following conditions:
a. with primary pristine and dense young growth;
b. adjoining mouth of major river systems;
c. near or adjacent to traditional productive fry or fishing grounds;
d. which act as natural buffers against shore erosion, strong winds and storm floods;
e. on which people are dependent for their livelihood.
12. Coral reefs, characterized by one or any combinations of the following conditions:
a. with 50% and above live coralline cover;
b. spawning and nursery grounds for fish;
c. which act as natural breakwater of coastlines.
In this connection,
Section 5 of PD 1586 expressly states:
Environmentally Non-Critical Projects. — All other projects, undertakings and areas not declared by the President as environmentally critical shall be considered as non-critical and shall not be required to submit an environmental impact statement. The National Environmental Protection Council, thru the Ministry of Human Settlements may however require non-critical projects and undertakings to provide additional environmental safeguards as it may deem necessary.
The Artica Sports Dome in
Langub does not come close to any of the projects or areas enumerated
above. Neither is it analogous to any
of them. It is clear, therefore, that the said project is not classified as
environmentally critical, or within an environmentally critical area. Consequently, the DENR has no choice but to
issue the Certificate of Non-Coverage.
It becomes its ministerial duty, the performance of which can be
compelled by writ of mandamus, such as that issued by the trial court in the
case at bar.
WHEREFORE, in view of the foregoing, the instant
petition is DENIED. The decision of the
Regional Trial Court of Davao City, Branch 33, in Civil Case No. 28,133-2000,
granting the writ of mandamus and directing the Department of Environment and
Natural Resources to issue in favor of the City of Davao a Certificate of
Non-Coverage, pursuant to Presidential Decree No. 1586 and related laws, in
connection with the construction of the Artica Sports Dome, is AFFIRMED.
SO ORDERED.
Davide, Jr., C.J.,
(Chairman), Vitug, and Carpio, JJ., concur.
[1] Rollo, pp. 9-30.
[2] Ibid., pp. 31-43.
[3] Ibid., p. 42.
[4] Gonzales v. Chavez, 205 SCRA 816, 830 (1992);
Consolidated Bank and Trust Corporation v. Court of Appeals, 193 SCRA
158, 176 (1991).
[5] RA 7160, Section 15. Political and Corporate
Nature of Local Government Units. Every local government unit created or
recognized under this Code is a body politic and corporate endowed with powers
to be exercised by it in conformity with law. As such, it shall exercise powers
as a political subdivision of the National Government and as a corporate entity
representing the inhabitants of its territory.
[6] Department of Public Services Labor Unions v.
Court of Industrial Relations, 1 SCRA 316, 319 (1961).
[7] Blaquera v. Alcala, 295 SCRA 366, 425
(1998).
[8] Tiu San v. Republic, 96 Phil. 817, 820 (1955).
[9] Lidasan v. Commission on Elections, 21 SCRA
496, 506 (1967)
[10] General Welfare. – Every local government unit shall
exercise the powers expressly granted, those necessarily implied therefrom, as
well as powers necessary, appropriate, or incidental for its efficient and
effective governance, and those which are essential to the promotion of the
general welfare. Within their respective territorial jurisdictions, local
government units shall ensure and support, among other things, the preservation
and enrichment of culture, promote health and safety, enhance the right of the
people to a balanced ecology, encourage and support the development of
appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance
economic prosperity and social justice, promote full employment among their
residents, maintain peace and order, and preserve the comfort and convenience
of their inhabitants.
[11] Philippine Airlines, Inc. v. National Labor
Relations Commission, 295 SCRA 89, 96 (1998).
[12] Supra.
[13] Supra.
[14] Administrative Code of 1987, Section 2(3). Local
Government refers to the political subdivisions established by or in
accordance with the Constitution.
[15] Civil Code of the
Philippines, Book 1, Chapter 3, Art. 44. The following are juridical persons:
(1) The State
and its political subdivisions; x x x
[16] Administrative Code of 1987, Section 2 (1)
Government of the Republic of the Philippines refers to the corporate
governmental entity through which the
functions of the government are exercised throughout the Philippine, including,
save as the contrary appears from the context, the various arms through which
political authority is made effective in the Philippines, whether pertaining to
the autonomous regions, the provincial, city, municipality or barangay
subdivisions or other forms of local government.
[17] MOF Company, Inc. v.
Enriquez, G.R. No. 149280, May 9, 2002.
[18] Jacutin v.
People of the Philippines, G.R. No. 140604, March 6, 2002.
[19] Herbosa v.
Court of Appeals, G.R. No. 119087, January 25, 2002.