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Lady Charmaine M.

Likigan,
Althea F. Miranda, Michael
Granville V. Mon, Jeffrey N.
Reyes, and Ferdie L. Sia-ed,
Plaintiffs,
-versusCity Government of Baguio (LGU),
CEPMO, DOH, DPWH,

For: Violation of the Clean


Water Act of the Philippines
and the National Building Code
of
the
Philippines
with
Mandamus

Defendants.

x---------------------------------------------------x
COMPLAINT
Comes now the plaintiffs by and through counsel, unto the Honorable
Court:
1. Plaintiffs are Lady Charmaine M. Likigan, Filipino citizen, 28
years old, married, residing in #238 Suello Village, Marcos
Highway Baguio City; Althea F. Miranda, Filipino Citizen, 24
years old, single, residing in #21 Alfonso Tabora Barangay
Baguio City; Michael Granville V. Mon, Filipino citizen, 26 years
old, single, residing in BB189 Camp Dangwa La Trinidad
Benguet; Jeffrey Reyes, Filipino citizen, 23 years old, single,
residing in Upper General Luna, Baguio City; and Ferdie L. Siaed, Filipino citizen, 32 years old, single, residing in #25C
Upper P. Burgos Baguio City.
2. The defendants are:
a. City Health Division-CAR, herein represented by Dr.
Valeriano V. Lopez OIC, Director IV and Dr. Amelita
Pangilinan OIC, Director III
b. Department of Public Works and Highways-CAR, herein
represented by Regional Director Edilberto Carrabacan
and Assistant Regional Director Alberto N. Gahid
c. City Environment, Parks and Management Office-CAR,
herein represented by Department Head Cordelia
Lacsamana
d. Baguio City District Engineering Office, herein
represented by District Engineer De Alexander C.
Castaneda and Assistant District Enginner Ade Rene F.
Zarate OIC
e. City Buildings and Architecture Office-CAR, herein
represented by Engr. Rizalino M. Banta/Ms. Joanne M.
Bautista and Archt. Arsenio Glenn M. Rillera/Engr.
Antonio O. Visperas
3. Plaintiffs respectfully allege the following:

a. That there is an existing waste disposal system in


Baguio City but because of the tremendous increase of
household and business establishments using the
sewerage system, it can no longer accommodate the
wastes.
b. That under Resolution no. 293 , Liquid waste (in Baguio
City) has risen by 40%, as per report of the City
Environment and Parks Management.
c. That even if there is an existing City Sewerage System,
the sewerage from buildings and households is directed
in the rivers, and even on the roads.
d. That there are buildings, commercial or residential, that
do not have proper sewerage connected to the City
Sewerage System even if it is a requirement that
applicants (building owners) secure forms, building
plans, building specifications and bill of materials duly
signed and sealed by civil engineer/architect, sanitary
engineer/master plumber for sanitary/plumbing plans,
professional engineer for electrical plans, professional
mechanical engineer for mechanical plans and
civil/structural engineer for structural plans for the
approval building permit, occupancy permit and/or
business permit, and certificate of compliance from
CEPMO (septic or sewerage)

AIR AND WATER POLLUTION AS A RESULT THEREOF


e. That as a result of such unsanitary disposal, the waste
emits unpleasant odor in the environment;
f. That the said wastes are eventually accumulated in the
rivers practically killing it;
g. That there is no clear distribution of functions and
responsibilities among government agencies. More
importantly,
there
is
no
clear
accountability.
Accountability extends not only to physical projects but
critically where finances go and who disburse the funds.
h. There is also absence of organization with regard to the
sewerage operations
CAUSE OF ACTION
i. It is not enough to say that sanitation is of the highest
priority. Actions made by the government pertaining to
sanitation is not enough and there is no clear
implementation on laws enacted concerning sanitation
of sewerage systems.
j. The failure of action on the part of our concerned
government units and agencies affects the cleanliness
of the water and air around us. This results to the total
disregard of the said agencies of our environmental
laws.

Specifically Section 234 of Republic Act No. 1378


(National Plumbing Code) provides that: Every
building or premises shall be connected with the
sanitary sewer system. The owner or agent of any
building or premises when notified in writing by proper
authorities that the sewerline wherein his building or
premises can be connected is ready for service shall
have such building or premises be connected to the
sanitary sewer.
Also, Section 235 thereof specifically states that:
Upon receipt of the notice provided for in the
preceding section, it shall be compulsory for each
owner or agent the required connection to the
sanitary sewer thru the representation of a duly
licensed master plumber, within thirty (30) days after
the receipt of the notification.
k. That is the duty of the said government units and
agencies to oversee these sewerage disposal systems
under Sec. 8 of RA 9275.
SECTION 8. Domestic Sewage Collection, Treatment
and Disposal. - Within five (5) years following the
effectivity of this Act, the Agency vested to provide
water supply and sewerage facilities and/or
concessionaires in Metro Manila and other highly
urbanized cities (HUCs) as defined in Republic Act No.
7160, in coordination with LGUs, shall be required to
connect the existing sewage line found in all
subdivisions, condominiums, commercial centers,
hotels, sports and recreational facilities, hospitals,
market places, public buildings, industrial complex
and other similar establishments including households
to available sewerage system. Provided, That the said
connection shall be subject to sewerage services
charge/fees in accordance with existing laws, rules or
regulations unless the sources had already utilized
their own sewerage system: Provided, further, That all
sources of sewage and septage shall comply with the
requirements herein.

PRAYER
Wherefore, premises concerned, it is most respectfully prayed of this
Honorable Court that judgment be made in favor of the plaintiffs and that
after judgment;
1. The defendants be held liable of the current conditions in the
urban sewerage and sanitation system that affects our waters
and air;

2. The defendants must be an active financing partner for the


improvement and modernization of sanitation and sewerage
projects in urban areas.
Such other reliefs and remedies under the premises are likewise
prayed for.
Baguio City, Philippines, this ___ day of November 2014.

Attorney Francesca Claver


Counsel for the Plaintiff

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