Over a Cup of Coffee and a Pint of Insanity

Everyone's a caffeine-driven idiot in law school… (If you call yourself a GENIUS, you're in for a beating!)

Menu Skip to content

CASE DIGEST: DONALD MEAD VS. CFI

Leave a reply

G.R. No. L-41958

Donald Mead vs. Hon. Manuel Argel, CFI

July 20, 1982

FACTS:

Petitioner Donald Mead assailed the legal personality of the Provincial Fiscal to file an information
against him for his alleged violation of RA No. 3931 or An Act Creating a National Water and Air Pollution
Control Commission. Petitioner averred that the National Water and Air Pollution Control Commission
created under the said law has the authority to hear cases involving violations under the same.

ISSUES:

Whether or not the filing of the information by the provincial fiscal was proper.

RULING:

The filing by the Provincial Fiscal of the case was premature sans the findings of the Commission on the
matter.
Petitioner was being sued for the offense of allegedly causing pollution of a waterway (highway canal)
(Sec 9). The Court held that the exclusive authority to determine whether or not ‘pollution’ did exist is
vested in the Commission, who is in better position to determine the same for such requires specialized
knowledge of technical and scientific matters which are not ordinarily within the competence of Fiscals
or of those sitting in a court of justice (Sec 8).

Unless the case involves that of nuisance under the Civil Code or until there is a ruling by the
Commission on the alleged act of pollution, no court action shall be initiated (Sec8).

Without a prior determination or finding by the Commission that the provisions of the subject law had
been violated, the provincial Fiscal lacked the authority to file the case against petitioner.

Follow our community for more updates : FACEBOOK PAGE and WORDPRESS

Advertisements

Share this:

TwitterFacebookGoogle

Related

CASE DIGEST: NOLASCO, ET AL VS. PAÑO

In "POLITICAL LAW"

CASE DIGEST: NPC VS. ONG CO

In "Constitutional Law"

CASE DIGEST: CODILLA VS. DE VENECIA

In "Election Law"
This entry was posted in Environmental Law and tagged CASE DIGEST: DONALD MEAD VS. CFI, Donald
Mead vs. Hon. Manuel Argel, CFI, Environmental Law, G.R. No. L-41958, G.R. No. L-41958 Donald Mead
vs. Hon. Manuel Argel, CFI July 20, 1982, July 20, 1982, mead vs. argel, National WAter and Air pollution
Control Commission on October 13, 2016.

Post navigation← CASE DIGEST: NPC VS. ONG COCASE DIGEST: MINORS OF THE PHILIPPINES VS. DENR →

Leave a Reply

Your email address will not be published. Required fields are marked *

Comment

Name *

Email *

Website

Post Comment

Notify me of new comments via email.

Search for:

Search

RECENT POSTS
How to get an IBP ID? (local and national)

How to be a Notary Public?

SUSPENSION OF THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS

FAQ ON MARTIAL LAW

MARCOS BURIAL CASE DECISION FULL TEXT ( G.R. No. 225973, 225984, 226097 226116, 226117, 226120,
& 226294 )

RECENT COMMENTS

The Renvoi Doctrine… on CASE DIGEST: BELLIS VS. BELLIS

CASE DIGEST: BELLIS… on The Renvoi Doctrine

ARCHIVES

June 2017

May 2017

November 2016

October 2016

CATEGORIES

CIVIL CODE

Conflict of Laws

Constitutional Law

Election Law

Environmental Law

LABOR CODE

LAW PRACTICE
POLITICAL LAW

REMEDIAL LAW

Uncategorized

Create a free website or blog at WordPress.com.

Follow

:)