LAGUNA LAKE DEVELOPMENT AUTHORITY VS.

COURT OF APPEALS
Gr no. 110120
FACTS:
On March 8 1991, A complaint was filed with Laguna Lake Development Authority to stop the
operation of a 6-hectare open garbage dumpsite in Caloocan, due to its harmful effects to the
health of the residents and the possibility of pollution of the water content in the surrounding
area.
When the LLDA conducted an investigation, they found out that the city government of
caloocan was opearting an open dumpsite without first obtaining Environmental Compliance
Certificate (ECC) from the Environmental Management Bureau (EMB).
After a public hearing the LLDA found out that the water collected indicates the presence of
bacteria.
December 5 1991, The government of caloocan, their contractors and other entities were
ordered to stop and desist from dumping any waste to the Camarine dumpsite, However
sometime in August 1992 the operation continued for the failure to settle the problem, LLDA
reiterated its cease and desist order and enforced it by prohibiting entry of all garbage dump
trucks into the area used as dumpsite.
A restraining order was issued to LLDA from enforcing its cease and desist order.
ISSUE: Whether or not the LLDA has the authority and power to issue an order, which in its
nature is an injunction. (Whether LLDA under its charters and amendatory laws, have the
authority to entertain the complaint against the dumping garbage area in Camarin, Caloocan
City.)
HELD: Yes. LLDA has authority.
As a general rule, the adjudication of pollution cases generally pertains to the pollution
adjudicating board (PAB) except in cases where the special law provides for another forum. It
must be recognized in this regard that the LLDA, as a specialized administrative agency, is
specifically mandated under Republic Act No. 4850 and its amendatory laws to carry out and
make effective the declared national policy of promoting and accelerating the development
and balanced growth of the Laguna Lake area and the surrounding province of Rizal, Laguna
and the cities of San Pablo, Manila, Pasay, Quezon and Caloocan, with due regard and
adequate provisions of environmental management, control and preservation of the quality of
human life and ecological systems, and the prevention of undue ecological disturbances,
deterioration and pollution.
Under such grants the LLDA obviously have the responsibility to protect the inhabitans of the
Laguna Lake region from the deleterious effects of pollutants emanating from the discharge of
wastes from surrounding areas.
It then follows that the LLDA have the authority to issue cease and desist order. The issuance
being made as a practical matter of procedure under the circumstances of the case,it is then a
proper exercise of its power and authority under its charters and amendatory laws.