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SUPREMECOURTREPORTSANNOTATEDVOLUME688
SPECIAL
PEOPLE,
INC.
FOUNDATION,
REPRESENTED BY ITS CHAIRMAN, ROBERTO P.
CERICOS, petitioner, vs. NESTOR M. CANDA ,
BIENVENIDO LIPAYON, JULIAN D. AMADOR, BOHOL
PROVINCIAL CHIEF, REGIONAL DIRECTOR, AND
NATIONAL
DIRECTOR,
RESPECTIVELY,
ENVIRONMENTAL
MANAGEMENT
BUREAU,
DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES, AND THE SECRETARY OF THE
DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES, ALL SUED IN BOTH THEIR OFFICIAL
AND PRIVATE CAPACITIES, respondents.
Remedial Law Civil Procedure Appeals Petition for Review
on Certiorari In the exercise of its power of review, the Supreme
Court is not a trier of facts and does not normally undertake the
reexamination of the evidence presented by the contending parties
during the trial of the case Exceptions.It is a settled rule,
indeed, that in the exercise of our power of review, the Court is
not a trier of facts and does not normally undertake the re
examination of the evidence presented by the contending parties
during the trial of the case. The Court relies on the findings of
fact of the Court of Appeals or of the trial court, and accepts such
findings as conclusive and binding unless any of the following
exceptions obtains, namely: (a) when the findings are grounded
entirely on speculation, surmises or conjectures (b) when the
inference made is manifestly mistaken, absurd or impossible (c)
when there is grave abuse of discretion (d) when the judgment is
based on a misapprehension of facts (e) when the findings of facts
are conflicting (f) when in making its findings the Court of
Appeals or the trial court went beyond the issues of the case, or
its findings are contrary to the admissions of both the appellant
and the appellee (g) when the findings are contrary to the trial
court (h) when the findings are conclusions without citation of
specific evidence on which they are based (i) when the facts set
forth in the petition as well as in the petitioners main and reply
briefs are
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_______________
*FIRST DIVISION.
404
404
not disputed by the respondent (j) when the findings of fact are
premised on the supposed absence of evidence and contradicted by
the evidence on record and (k) when the Court of Appeals or the
trial court manifestly overlooked certain relevant facts not
disputed by the parties, which, if properly considered, would
justify a different conclusion. However, none of the
aforementioned exceptions applies herein.
Same Same Exhaustion of Administrative Remedies A party
who seeks the intervention of a court of law upon an
administrative concern should first avail himself of all the
remedies afforded by administrative processes.It is axiomatic, to
begin with, that a party who seeks the intervention of a court of
law upon an administrative concern should first avail himself of
all the remedies afforded by administrative processes. The issues
that an administrative agency is authorized to decide should not
be summarily taken away from it and submitted to a court of law
without first giving the agency the opportunity to dispose of the
issues upon due deliberation. The court of law must allow the
administrative agency to carry out its functions and discharge its
responsibilities within the specialized areas of its competence.
This rests on the theory that the administrative authority is in a
better position to resolve questions addressed to its particular
expertise, and that errors committed by subordinates in their
resolution may be rectified by their superiors if given a chance to
do so.
Same Special Civil Actions Mandamus A key principle to be
observed in dealing with petitions for mandamus is that such
extraordinary remedy lies to compel the performance of duties that
are purely ministerial in nature, not those that are
discretionary.A key principle to be observed in dealing with
petitions for mandamus is that such extraordinary remedy lies to
compel the performance of duties that are purely ministerial in
nature, not those that are discretionary. A purely ministerial act
or duty is one that an officer or tribunal performs in a given state
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405
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406
2)From the source to the filtration plant, then to the purifier stations,
then finally to the consumers households, water flows through steel
pipes
3)The
filtration
and
purifying
process
employs
the
latest
407
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408
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that
the
area
was
not
subjected
to
409
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410
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OR
NOT,
AFTER
PETITIONERS
DUE
OR
NOT
PETITIONER
HAS
EXHAUSTED
_______________
14Id., at p. 6.
412
412
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413
1.
Petitioners appeal is improper
under Rule 45, Rules of Court
This appeal by certiorari is being taken under Rule 45,
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THE
IMPLEMENTATION
OF THE
DIRECTOR
BUREAU
TO
DEPARTMENT
AND
GRANT
AND
OF
DENY
THE
PHILIPPINE ENVIRONMENTAL
GIVING AUTHORITY,
ENVIRONMENT
REGIONAL DIRECTORS
OR
OF THE
OF THE
ISSUANCE
OF
AND
IN
ADDITION
TO THE
NATURAL RESOURCES,
TO
ENVIRONMENTAL MANAGEMENT
ENVIRONMENTAL COMPLIANCE
CERTIFICATES
20Republic Act No. 8749 (Philippine Clean Air Act of 1999) converted
the Environmental Management Bureau from a staff bureau to a line
bureau. Under Section 20, in conjunction with Section 41, Chapter 8, Book
IV of the Administrative Code of 1987, the Director of a line bureau shall
have supervision and control over all division and other units, including
regional offices, under the bureau.
21 Administrative Code of 1987, Book IV, Chapter 8, Sections 20 and
41.
22Administrative Code of 1987, Book IV, Chapter 7, Section 38(1).
416
416
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DENR
may
adopt
alternative
conflict/dispute
resolution
Deciding Authority
EMB Regional Office Director
EMB Central Office Director
DENR Secretary
417
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418
are
consistent
with
the
maintenance
and
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corporation
shall
undertake
or
operate
any
such
declared
offices,
agencies,
institutions,
corporations
or
419
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of
fauna
(exoticanimals)
in
public/private forests
4.Forest occupancy
5.Extraction of mangrove products
6.Grazing
c.Fishery Projects
1.Dikes for fishpond development projects
III.Infrastructure Projects
a.Major dams
b.Major
power
plants
(fossilfueled,
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)
420
420
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[2012])
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