Republic of the
SUPREME COURT
EN BANC
|
METROPOLITAN MANILA DEVELOPMENT
AUTHORITY, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DEPARTMENT
OF EDUCATION, CULTURE AND SPORTS,[1]
DEPARTMENT OF HEALTH, DEPARTMENT OF AGRICULTURE, DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, DEPARTMENT OF BUDGET AND MANAGEMENT, PHILIPPINE COAST GUARD, PHILIPPINE NATIONAL POLICE MARITIME GROUP, and DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, Petitioners, -
versus - CONCERNED RESIDENTS OF MANILA BAY,
represented and joined by DIVINA
V. ILAS, SABINIANO ALBARRACIN, MANUEL DELA PEÑA, PAUL DENNIS LLENOS, DONNA CALOZA, FATIMA QUITAIN, SEGARRA, FRITZIE TANGKIA, SARAH JOELLE LINTAG, FELIMON SANTIAGUEL, and JAIME AGUSTIN R. OPOSA, Respondents. |
|
G.R. Nos. 171947-48 Present: CARPIO, CARPIO MORALES, VELASCO, JR., NACHURA, LEONARDO-DE CASTRO, BRION, PERALTA, BERSAMIN, ABAD, VILLARAMA, JR., PEREZ, SERENO, JJ. Promulgated: February 15, 2011 |
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R E S O L U T I O N
VELASCO, JR., J.:
On
December 18, 2008, this Court rendered a Decision in G.R. Nos. 171947-48 ordering
petitioners to clean up, rehabilitate and preserve
WHEREFORE, the petition is DENIED. The September 28, 2005 Decision of the CA in CA-G.R. CV No. 76528 and SP No. 74944 and the September 13, 2002 Decision of the RTC in Civil Case No. 1851-99 are AFFIRMED but with MODIFICATIONS in view of subsequent developments or supervening events in the case. The fallo of the RTC Decision shall now read:
WHEREFORE,
judgment is hereby rendered ordering the abovenamed defendant-government
agencies to clean up, rehabilitate, and preserve
In particular:
(1) Pursuant to Sec. 4 of EO 192, assigning the DENR as the primary agency responsible for the conservation, management, development, and proper use of the country’s environment and natural resources, and Sec. 19 of RA 9275, designating the DENR as the primary government agency responsible for its enforcement and implementation, the DENR is directed to fully implement its Operational Plan for the Manila Bay Coastal Strategy for the rehabilitation, restoration, and conservation of the Manila Bay at the earliest possible time. It is ordered to call regular coordination meetings with concerned government departments and agencies to ensure the successful implementation of the aforesaid plan of action in accordance with its indicated completion schedules.
(2) Pursuant to Title XII (Local Government) of the Administrative Code of 1987 and Sec. 25 of the Local Government Code of 1991, the DILG, in exercising the President’s power of general supervision and its duty to promulgate guidelines in establishing waste management programs under Sec. 43 of the Philippine Environment Code (PD 1152), shall direct all LGUs in Metro Manila, Rizal, Laguna, Cavite, Bulacan, Pampanga, and Bataan to inspect all factories, commercial establishments, and private homes along the banks of the major river systems in their respective areas of jurisdiction, such as but not limited to the Pasig-Marikina-San Juan Rivers, the NCR (Parañaque-Zapote, Las Piñas) Rivers, the Navotas-Malabon-Tullahan-Tenejeros Rivers, the Meycauayan-Marilao-Obando (Bulacan) Rivers, the Talisay (Bataan) River, the Imus (Cavite) River, the Laguna De Bay, and other minor rivers and waterways that eventually discharge water into the Manila Bay; and the lands abutting the bay, to determine whether they have wastewater treatment facilities or hygienic septic tanks as prescribed by existing laws, ordinances, and rules and regulations. If none be found, these LGUs shall be ordered to require non-complying establishments and homes to set up said facilities or septic tanks within a reasonable time to prevent industrial wastes, sewage water, and human wastes from flowing into these rivers, waterways, esteros, and the Manila Bay, under pain of closure or imposition of fines and other sanctions.
(3) As mandated by Sec. 8 of RA 9275, the MWSS is directed to provide, install, operate, and maintain the necessary adequate waste water treatment facilities in Metro Manila, Rizal, and Cavite where needed at the earliest possible time.
(4) Pursuant to RA 9275, the LWUA, through the local water districts and in coordination with the DENR, is ordered to provide, install, operate, and maintain sewerage and sanitation facilities and the efficient and safe collection, treatment, and disposal of sewage in the provinces of Laguna, Cavite, Bulacan, Pampanga, and Bataan where needed at the earliest possible time.
(5)
Pursuant to Sec. 65 of RA 8550, the DA, through the BFAR, is ordered to improve
and restore the marine life of the
(6)
The PCG, pursuant to Secs. 4 and 6 of PD 979, and the PNP Maritime Group, in
accordance with Sec. 124 of RA 8550, in coordination with each other, shall
apprehend violators of PD 979, RA 8550, and other existing laws and regulations
designed to prevent marine pollution in the
(7)
Pursuant to Secs. 2 and 6-c of EO 513 and the International Convention for the
Prevention of Pollution from Ships, the PPA is ordered to immediately adopt
such measures to prevent the discharge and dumping of solid and liquid wastes
and other ship-generated wastes into the
(8) The MMDA, as the lead agency and implementor of programs and projects for flood control projects and drainage services in Metro Manila, in coordination with the DPWH, DILG, affected LGUs, PNP Maritime Group, Housing and Urban Development Coordinating Council (HUDCC), and other agencies, shall dismantle and remove all structures, constructions, and other encroachments established or built in violation of RA 7279, and other applicable laws along the Pasig-Marikina-San Juan Rivers, the NCR (Parañaque-Zapote, Las Piñas) Rivers, the Navotas-Malabon-Tullahan-Tenejeros Rivers, and connecting waterways and esteros in Metro Manila. The DPWH, as the principal implementor of programs and projects for flood control services in the rest of the country more particularly in Bulacan, Bataan, Pampanga, Cavite, and Laguna, in coordination with the DILG, affected LGUs, PNP Maritime Group, HUDCC, and other concerned government agencies, shall remove and demolish all structures, constructions, and other encroachments built in breach of RA 7279 and other applicable laws along the Meycauayan-Marilao-Obando (Bulacan) Rivers, the Talisay (Bataan) River, the Imus (Cavite) River, the Laguna De Bay, and other rivers, connecting waterways, and esteros that discharge wastewater into the Manila Bay.
In addition, the MMDA is ordered to establish, operate, and maintain a sanitary landfill, as prescribed by RA 9003, within a period of one (1) year from finality of this Decision. On matters within its territorial jurisdiction and in connection with the discharge of its duties on the maintenance of sanitary landfills and like undertakings, it is also ordered to cause the apprehension and filing of the appropriate criminal cases against violators of the respective penal provisions of RA 9003, Sec. 27 of RA 9275 (the Clean Water Act), and other existing laws on pollution.
(9) The DOH shall, as directed by Art. 76 of PD 1067 and Sec. 8 of RA 9275, within one (1) year from finality of this Decision, determine if all licensed septic and sludge companies have the proper facilities for the treatment and disposal of fecal sludge and sewage coming from septic tanks. The DOH shall give the companies, if found to be non-complying, a reasonable time within which to set up the necessary facilities under pain of cancellation of its environmental sanitation clearance.
(10) Pursuant to Sec. 53 of PD 1152, Sec. 118 of RA 8550, and Sec. 56 of RA 9003, the DepEd shall integrate lessons on pollution prevention, waste management, environmental protection, and like subjects in the school curricula of all levels to inculcate in the minds and hearts of students and, through them, their parents and friends, the importance of their duty toward achieving and maintaining a balanced and healthful ecosystem in the Manila Bay and the entire Philippine archipelago.
(11) The DBM shall consider incorporating an adequate budget in the General Appropriations Act of 2010 and succeeding years to cover the expenses relating to the cleanup, restoration, and preservation of the water quality of the Manila Bay, in line with the country’s development objective to attain economic growth in a manner consistent with the protection, preservation, and revival of our marine waters.
(12) The heads of petitioners-agencies MMDA, DENR, DepEd, DOH, DA, DPWH, DBM, PCG, PNP Maritime Group, DILG, and also of MWSS, LWUA, and PPA, in line with the principle of “continuing mandamus,” shall, from finality of this Decision, each submit to the Court a quarterly progressive report of the activities undertaken in accordance with this Decision.
SO ORDERED.
The government
agencies did not file any motion for reconsideration and the Decision became
final in January 2009.
The case is
now in the execution phase of the final and executory December 18, 2008
Decision. The Manila Bay Advisory Committee
was created to receive and evaluate the quarterly progressive reports on the
activities undertaken by the agencies in accordance with said decision and to
monitor the execution phase.
In the
absence of specific completion periods, the Committee recommended that time
frames be set for the agencies to perform their assigned tasks. This may be viewed as an encroachment over
the powers and functions of the Executive Branch headed by the President of the
This view
is misplaced.
The issuance
of subsequent resolutions by the Court is simply an exercise of judicial power
under Art. VIII of the Constitution, because the execution of the Decision is
but an integral part of the adjudicative function of the Court. None of the agencies ever questioned the
power of the Court to implement the December 18, 2008 Decision nor has any of
them raised the alleged encroachment by the Court over executive functions.
While
additional activities are required of the agencies like submission of plans of
action, data or status reports, these directives are but part and parcel of the
execution stage of a final decision under Rule 39 of the Rules of Court. Section 47 of Rule 39 reads:
Section
47. Effect of judgments or final
orders.––The effect of a judgment or final order rendered by a court of the
x x x x
(c) In any other litigation between the same parties of their successors in interest, that only is deemed to have been adjudged in a former judgment or final order which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto. (Emphasis supplied.)
It is clear that the final judgment includes
not only what appears upon its face to have been so adjudged but also those
matters “actually and necessarily included therein or necessary thereto.” Certainly, any activity that is needed to
fully implement a final judgment is necessarily encompassed by said judgment.
Moreover,
the submission of periodic reports is sanctioned by Secs. 7 and 8, Rule 8 of
the Rules of Procedure for Environmental cases:
Sec. 7. Judgment.––If warranted, the court shall grant the privilege of the writ of continuing mandamus requiring respondent to perform an act or series of acts until the judgment is fully satisfied and to grant such other reliefs as may be warranted resulting from the wrongful or illegal acts of the respondent. The court shall require the respondent to submit periodic reports detailing the progress and execution of the judgment, and the court may, by itself or through a commissioner or the appropriate government agency, evaluate and monitor compliance. The petitioner may submit its comments or observations on the execution of the judgment.
Sec. 8. Return of the writ.––The periodic reports submitted by the respondent detailing compliance with the judgment shall be contained in partial returns of the writ. Upon full satisfaction of the judgment, a final return of the writ shall be made to the court by the respondent. If the court finds that the judgment has been fully implemented, the satisfaction of judgment shall be entered in the court docket. (Emphasis supplied.)
With the final and executory judgment
in MMDA, the writ of continuing
mandamus issued in MMDA means that
until petitioner-agencies have shown full compliance with the Court’s orders,
the Court exercises continuing jurisdiction over them until full execution of
the judgment.
There being no encroachment over
executive functions to speak of, We shall now proceed to the recommendation of
the Manila Bay Advisory Committee.
Several
problems were encountered by the Manila Bay Advisory Committee.[2] An
evaluation of the quarterly progressive reports has shown that (1) there are
voluminous quarterly progressive reports that are being submitted; (2)
petitioner-agencies do not have a uniform manner of reporting their cleanup,
rehabilitation and preservation activities; (3) as yet no definite deadlines
have been set by petitioner DENR as to petitioner-agencies’ timeframe for their
respective duties; (4) as of June 2010 there has been a change in leadership in
both the national and local levels; and (5) some agencies have encountered
difficulties in complying with the Court’s directives.
In
order to implement the afore-quoted Decision, certain directives have to be
issued by the Court to address the said concerns.
Acting on the recommendation of the
Manila Bay Advisory Committee, the Court hereby resolves to ORDER the
following:
(1) The
Department of Environment and Natural Resources (DENR), as lead agency in the Philippine Clean Water Act of 2004,
shall submit to the Court on or before June 30, 2011 the updated Operational Plan for the Manila Bay Coastal
Strategy.
The DENR is ordered to submit
summarized data on the overall quality of
The DENR is further ordered to submit
the names and addresses of persons and companies in Metro Manila, Rizal,
Laguna,
(2) On or before June 30, 2011, the Department of the Interior and Local Government (DILG) shall order the Mayors of all cities in Metro Manila; the Governors of Rizal, Laguna, Cavite, Bulacan, Pampanga and Bataan; and the Mayors of all the cities and towns in said provinces to inspect all factories, commercial establishments and private homes along the banks of the major river systems––such as but not limited to the Pasig-Marikina-San Juan Rivers, the National Capital Region (Paranaque-Zapote, Las Pinas) Rivers, the Navotas-Malabon-Tullahan-Tenejeros Rivers, the Meycauayan-Marilao-Obando (Bulacan) Rivers, the Talisay (Bataan) River, the Imus (Cavite) River, and the Laguna De Bay––and other minor rivers and waterways within their jurisdiction that eventually discharge water into the Manila Bay and the lands abutting it, to determine if they have wastewater treatment facilities and/or hygienic septic tanks, as prescribed by existing laws, ordinances, rules and regulations. Said local government unit (LGU) officials are given up to September 30, 2011 to finish the inspection of said establishments and houses.
In case of
non-compliance, the LGU officials shall take appropriate action to ensure
compliance by non-complying factories, commercial establishments and private
homes with said law, rules and regulations requiring the construction or
installment of wastewater treatment facilities or hygienic septic tanks.
The aforementioned governors and mayors shall submit to the DILG on or before December 31, 2011 their respective compliance reports which will contain the names and addresses or offices of the owners of all the non-complying factories, commercial establishments and private homes, copy furnished the concerned environmental agency, be it the local DENR office or the Laguna Lake Development Authority.
The DILG is required to submit a five-year plan of action that will contain measures intended to ensure compliance of all non-complying factories, commercial establishments, and private homes.
On or before June 30, 2011, the DILG and the mayors of all cities in Metro Manila shall consider providing land for the wastewater facilities of the Metropolitan Waterworks and Sewerage System (MWSS) or its concessionaires (Maynilad and Manila Water, Inc.) within their respective jurisdictions.
(3) The MWSS shall submit to the
Court on or before June 30, 2011 the list of areas in Metro Manila, Rizal and
On or before June 30, 2011, the MWSS is further required to have its two concessionaires submit a report on the amount collected as sewerage fees in their respective areas of operation as of December 31, 2010.
(4) The Local Water Utilities Administration is
ordered to submit on or before September 30, 2011 its plan to provide, install,
operate and maintain sewerage and sanitation facilities in said cities and
towns and the completion period for said works, which shall be fully
implemented by December 31, 2020.
(5) The Department of Agriculture (DA), through
the Bureau of Fisheries and Aquatic Resources, shall submit to the Court on or
before June 30, 2011 a report on areas in Manila Bay where marine life has to
be restored or improved and the assistance it has extended to the LGUs in Metro
Manila, Rizal, Cavite, Laguna, Bulacan, Pampanga and Bataan in developing the
fisheries and aquatic resources in
The DA
shall submit to the Court on or before September 30, 2011 the baseline data as
of September 30, 2010 on the pollution loading into the
(6) The Philippine Ports Authority (PPA) shall
incorporate in its quarterly reports the list of violators it has apprehended
and the status of their cases. The PPA is further ordered to include in its
report the names, make and capacity of the ships that dock in PPA ports. The PPA shall submit to the Court on or
before June 30, 2011 the measures it intends to undertake to implement its
compliance with paragraph 7 of the dispositive portion of the MMDA Decision and
the completion dates of such measures.
The PPA
should include in its report the activities of its concessionaire that collects
and disposes of the solid and liquid wastes and other ship-generated wastes, which
shall state the names, make and capacity of the ships serviced by it since
August 2003 up to the present date, the dates the ships docked at PPA ports,
the number of days the ship was at sea with the corresponding number of
passengers and crew per trip, the volume of solid, liquid and other wastes
collected from said ships, the treatment undertaken and the disposal site for
said wastes.
(7) The Philippine National Police (PNP)
Maritime Group shall submit on or before June 30, 2011 its five-year plan of
action on the measures and activities it intends to undertake to apprehend the
violators of Republic Act No. (RA) 8550 or the Philippine Fisheries Code of 1998 and other pertinent laws, ordinances
and regulations to prevent marine pollution in
The
Philippine Coast Guard shall likewise submit on or before June 30, 2011 its
five-year plan of action on the measures and activities they intend to
undertake to apprehend the violators of Presidential Decree No. 979 or the Marine Pollution Decree of 1976 and RA
9993 or the Philippine Coast Guard Law of
2009 and other pertinent laws and regulations to prevent marine pollution
in
(8) The Metropolitan Manila Development
Authority (MMDA) shall submit to the Court on or before June 30, 2011 the names
and addresses of the informal settlers in Metro Manila who, as of December 31,
2010, own and occupy houses, structures, constructions and other encroachments
established or built along the Pasig-Marikina-San Juan Rivers, the NCR
(Parañaque-Zapote, Las Piñas) Rivers, the Navotas-Malabon-Tullahan-Tenejeros
Rivers, and connecting waterways and esteros, in violation of RA 7279 and other applicable laws. On or before June 30, 2011, the MMDA shall
submit its plan for the removal of said informal settlers and the demolition of
the aforesaid houses, structures, constructions and encroachments, as well as
the completion dates for said activities, which shall be fully implemented not
later than December 31, 2015.
The MMDA is
ordered to submit a status report, within thirty (30) days from receipt of this
Resolution, on the establishment of a sanitary landfill facility for Metro
Manila in compliance with the standards under RA 9003 or the Ecological Solid Waste Management Act.
On or
before June 30, 2011, the MMDA shall submit a report of the location of open
and controlled dumps in Metro Manila whose operations are illegal after
February 21, 2006,[3]
pursuant to Secs. 36 and 37 of RA 9003, and its plan for the closure of these
open and controlled dumps to be accomplished not later than December 31,
2012. Also, on or before June 30, 2011,
the DENR Secretary, as Chairperson of the National Solid Waste Management
Commission (NSWMC), shall submit a report on the location of all open and
controlled dumps in Rizal,
On or
before June 30, 2011, the DENR Secretary, in his capacity as NSWMC Chairperson,
shall submit a report on whether or not the following landfills strictly comply
with Secs. 41 and 42 of RA 9003 on the establishment and operation of sanitary
landfills, to wit:
National Capital Region
1. Navotas SLF (PhilEco), Brgy.
Tanza (New Site),
2. Payatas Controlled Dumpsite,
Barangay Payatas,
Region III
3. Sitio Coral, Brgy. Matictic,
Norzagaray, Bulacan
4. Sitio Tiakad, Brgy.
5. Brgy. Minuyan, San Jose del
Monte City, Bulacan
6. Brgy. Mapalad,
7. Sub-zone Kalangitan, Clark
Capas, Tarlac Special
Economic Zone
Region IV-A
8. Kalayaan (Longos), Laguna
9. Brgy. Sto. Nino,
10.
Brgy.
11.
Morong, Rizal
12.
Sitio Lukutan, Brgy.
13.
Brgy. Pintong Bukawe,
On or
before June 30, 2011, the MMDA and the seventeen (17) LGUs in Metro Manila are
ordered to jointly submit a report on the average amount of garbage collected
monthly per district in all the cities in Metro Manila from January 2009 up to
December 31, 2010 vis-à-vis the average amount of garbage disposed monthly in
landfills and dumpsites. In its
quarterly report for the last quarter of 2010 and thereafter, MMDA shall report
on the apprehensions for violations of the penal provisions of RA 9003, RA 9275
and other laws on pollution for the said period.
On or
before June 30, 2011, the DPWH and the LGUs in Rizal, Laguna, Cavite, Bulacan,
Pampanga, and Bataan shall submit the names and addresses of the informal
settlers in their respective areas who, as of September 30, 2010, own or occupy
houses, structures, constructions, and other encroachments built along the
Meycauayan-Marilao-Obando (Bulacan) Rivers, the Talisay (Bataan) River, the
Imus (Cavite) River, the Laguna de Bay, and other rivers, connecting waterways
and esteros that
discharge wastewater into the Manila Bay, in breach of RA 7279 and other
applicable laws. On or before June 30,
2011, the DPWH and the aforesaid LGUs shall jointly submit their plan for the
removal of said informal settlers and the demolition of the aforesaid
structures, constructions and encroachments, as well as the completion dates
for such activities which shall be implemented not later than December 31,
2012.
(9) The Department of Health (DOH) shall submit
to the Court on or before June 30, 2011 the names and addresses of the owners
of septic and sludge companies including those that do not have the proper
facilities for the treatment and disposal of fecal sludge and sewage coming
from septic tanks.
The DOH
shall implement rules and regulations on Environmental Sanitation Clearances
and shall require companies to procure a license to operate from the DOH.
The DOH and
DENR-Environmental Management Bureau shall develop a toxic and hazardous waste
management system by June 30, 2011 which will implement segregation of
hospital/toxic/hazardous wastes and prevent mixing with municipal solid waste.
On or
before June 30, 2011, the DOH shall submit a plan of action to ensure that the
said companies have proper disposal facilities and the completion dates of
compliance.
(10) The Department of Education (DepEd) shall submit
to the Court on or before May 31, 2011 a report on the specific subjects on
pollution prevention, waste management, environmental protection, environmental
laws and the like that it has integrated into the school curricula in all
levels for the school year 2011-2012.
On or
before June 30, 2011, the DepEd shall also submit its plan of action to ensure
compliance of all the schools under its supervision with respect to the
integration of the aforementioned subjects in the school curricula which shall be
fully implemented by June 30, 2012.
(11) All the agencies are required to submit their
quarterly reports electronically using the forms below. The agencies may add
other key performance indicators that they have identified.
SO ORDERED.
PRESBITERO
J. VELASCO, JR. Associate
Justice
WE
CONCUR:
RENATO C.
CORONA
Chief Justice
See dissenting opinion I
join the dissent of J. Carpio
ANTONIO T.
CARPIO CONCHITA CARPIO MORALES
Associate Justice Associate Justice
ANTONIO EDUARDO B. NACHURA TERESITA J. LEONARDO-DE CASTRO
Associate Justice
Associate Justice
I join the dissent of J. Carpio
ARTURO D. BRION DIOSDADO M. PERALTA
Associate Justice Associate Justice
LUCAS P. BERSAMIN MARIANO C.
Associate Justice Associate Justice
ROBERTO A. ABAD MARTIN S. VILLARAMA,
JR.
Associate Justice
Associate Justice
JOSE
Associate
Justice Associate Justice
See dissenting opinion
MARIA
Associate Justice
C E R T I F I
C A T I O N
Pursuant to Section 13, Article VIII of the Constitution, it is hereby
certified that the conclusions in the above Resolution had been reached in consultation
before the case was assigned to the writer of the opinion of the Court.
RENATO C. CORONA
Chief Justice
[2] On February 10, 2009, the Court En Banc
approved a resolution creating an Advisory Committee “that will verify the
reports of the government agencies tasked to clean up the
Hon. Presbitero J. Velasco, Jr.
Chairperson and ponente of MMDA vs. Concerned Residents of Manila
Hon. Jose Midas P. Marquez
Court Administrator
Vice-Chairperson
Members/Technical Experts:
Dr. Gil S. Jacinto
Former Director, UP Marine Science Institute
Dr. Elisea G. Gozun
Chair of Earth Day Network and Former DENR Secretary
Dr. Antonio G.M. La Viña
Former DENR Undersecretary
Dean of
the
[3]
Our Decision in Metropolitan Manila
Development Authority v. Concerned Residents of