G.R. Nos.

171947-48 December 18, 2008

 On

Jan. 29, 1999, respondents Concerned Residents of Manila Bay filed a complaint before the RTC of Cavite against several government agencies, among them the petitioners, for the clean up, rehabilitation, and protection of the Manila Bay. The complaint alleged that the water quality of the Manila Bay had fallen way below the allowable standards set by law, specifically P.D. 1152 or the Philippine Environment Code.

 Respondents

prayed that petitioners be ordered to clean the Manila Bay and submit to the RTC a concerted concrete plan of action for the purpose. trial of the case started off with a hearing at the Manila Yacht Club followed by an ocular inspection of the Manila Bay.

The

 The

water samples collected from different beaches around the Manila Bay showed that the amount of fecal coliform content ranged from 50,000 to 80,000 MPN/100 ml. The allowable content ratio under DENR Administrative Order No. 34-90 was only 200 MPN/100 ml. RTC rendered a Decision in favor of respondents ordering the defendantgovernment agencies, jointly and solidarily, to clean up and rehabilitate Manila Bay and restore its waters to SB classification.

The

 Petitioners

argued before the CA that the pertinent provisions of the Environment Code (PD 1152) relate only to the cleaning of specific incidents and do not cover cleaning in general. And apart from raising concerns about the lack of funds appropriated for cleaning purposes, petitioners also asserted that the cleaning of the Manila Bay is not a ministerial act which can be compelled by mandamus.

 The

CA Sustained the ruling of the RTC stressing that the trial courts decision did not require petitioners to do tasks outside of their usual basic functions under existing laws.

Dissatisfied

by the ruling of the CA, hence this Petition for Review on Certiorari under Rule 45 filed by the petitioners to the SC.

In support of this petition, the petitioners argued: i. That the application of said Sec. 20 is limited only to water pollution incidents, which are situations that presuppose the occurrence of specific, isolated pollution events requiring the corresponding containment, removal, and cleaning operations. ii. For the issuance of mandamus, petitioners maintain that the MMDAs duty to take measures and maintain adequate solid waste and liquid disposal systems necessarily involves policy evaluation and the exercise of judgment on the part of the agency concerned.

On the other hand, respondents argued: i. That petitioners parochial view on environmental issues, coupled with their narrow reading of their respective mandated roles, has contributed to the worsening water quality of the Manila Bay. ii. That the statutory command is clear and that petitioners duty to comply with and act according to the clear mandate of the law does not require the exercise of discretion.

1.

Whether or not Sec. 17 and 20 of PD 1152 relate only to cleaning specific pollution incidents and do not cover cleaning in general. Whether or not the cleaning or rehabilitation of the Manila Bay is a ministerial act of petitioners that can be compelled by Mandamus.

2.

As to the first issue: The SC declared that Sec. 17 does not in any way state that the government agencies concerned ought to confine themselves to the containment, removal, and cleaning operations when a specific pollution incident occurs. This section commands concerned government agencies, when appropriate, to take such measures as may be necessary to meet the prescribed water quality standards.

The disputed sections are quoted as follows: Section 17. Upgrading of Water Quality.Where the quality of water has deteriorated to a degree where its state will adversely affect its best usage, the government agencies concerned shall take such measures as may be necessary to upgrade the quality of such water to meet the prescribed water quality standards. Section 20. Clean-up Operations.It shall be the responsibility of the polluter to contain, remove and clean-up water pollution incidents at his own expense. In case of his failure to do so, the government agencies concerned shall undertake containment, removal and clean-up operations and expenses incurred in said operations shall be charged against the persons and/or entities responsible for such pollution.

 When

the Clean Water Act (RA 9275) took effect, its Sec. 16 on the subject, Cleanup Operations, amended the counterpart provision (Sec. 20) of the Environment Code (PD 1152). Sec. 20 of the Environment Code expressly indicates that it is properly applicable to a specific situation in which the pollution is caused by polluters who fail to clean up the mess they left behind. In such instance, the concerned government agencies shall undertake the cleanup work for the polluters account.

 The

complementary Sec. 17 of the Environment Code comes into play and the specific duties of the agencies to clean up come in even if there are no pollution incidents staring at them. Thus, petitioners cannot plausibly invoke and hide behind Sec. 20 of PD 1152 or Sec. 16 of RA 9275 on the pretext that their cleanup mandate depends on the happening of a specific pollution incident.

 PD

1152 aims to introduce a comprehensive program of environmental protection and management. This is better served by making Secs. 17 & 20 of general application rather than limiting them to specific pollution incidents.

As for the second issue:

The SC said that while the implementation of MMDA's mandated tasks may entail a decisionmaking process, the enforcement of the law or the very act of doing what the law exacts to be done is ministerial in nature and may be compelled by mandamus. Mandamus is available to compel action, when refused, on matters involving discretion, but not to direct the exercise of judgment or discretion one way or the other

The MMDAs duty to put up an adequate and appropriate sanitary landfill and solid waste and liquid disposal as well as other alternative garbage disposal systems is ministerial, its duty being a statutory imposition as spelled out in Sec. 3(c) of Republic Act No. (RA) 7924 creating the MMDA. The MMDAs duty in the area of solid waste disposal is set forth not only in the Environment Code (PD 1152) and RA 9003, but in its charter as well.

This duty of putting up a proper waste disposal system cannot be characterized as discretionary, for discretion presupposes the power or right given by law to public functionaries to act officially according to their judgment or conscience. The SC concluded that these government agencies are enjoined, as a matter of statutory obligation, to perform certain functions relating directly or indirectly to the cleanup, rehabilitation, protection, and preservation of the Manila Bay, therefore they are precluded from choosing not to perform these duties.

By: Irma Mari-Castro