Professional Documents
Culture Documents
691
FIRST DIVISION.
692
692
Before us
is a petition for review on certiorari assailing the
2
decision 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 NonCoverage 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 NonCoverage (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 (EGA). 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,
693
Costs de oficio. 3
SO ORDERED.
Ibid., p. 42.
694
694
RTC:Grant
CNC to City
of Davao
-there is
nothing in
PD 1586, in
relation to
PD 1151
and Letter
of
Instruction,w
hich requires
local
government
units (LGUs)
to comply
with the EIS
law
-that the site
was not
within an
ECA
and Trust Corporation v. Court of Appeals, 193 SCRA 158, 176 (1991).
5
695
10
10
89, 96 (1998).
12
Supra.
696
696
Supra.
14
LGU not
exempted
from
coverage of
PD 1586
697
Sustainable
development:
-socio-econo
mic
development
-environment
al protection
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
Supreme
Court:
government.
698
698
Writ of
Mandamus
granted.Artica
Sports Dome
not an ECP
nor located in
an
ECA,based
on RTC
findings.
MOF Company, Inc. v. Enriquez, G.R. No. 149280, May 9, 2002, 382 SCRA
248.
18
Jacutin v. People of the Philippines, G.R. No. 140604, March 6, 2002, 378
SCRA 453.
19
Herbosa v. Court of Appeals, G.R. No. 119087, January 25, 2002, 374 SCRA
578.
699
699
700
lic/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 (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 re serves, 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
701
701
or
any
areas
or
any
702
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