CASE 2018-0005: MAYOR TOMAS R. OSMENA VS. JOEL CAPILI GARGANERA (G.R. NO. 231164, 20 MARCH 2018, TIJAM J.) (SUBJECT/S WRIT OF KALIKASAN; ENVIRONMENTAL LAWS)  (BRIEF TITLE: OSMENA VS GARGANERA)

 

DISPOSITIVE:

 

WHEREFORE, the petition is DENIED. The Decision dated December 15, 2016 and Resolution dated March 14, 2017 of the Court of Appeals, which granted the privilege of the writ of kalikasan and ordered petitioner Mayor Tomas R. Osmefia, in his capacity as City Mayor of Cebu and/or his representatives, to permanently cease and desist from dumping or disposing of garbage or solid waste at the Inayawan landfill and to continue to rehabilitate the same, are hereby AFFIRMED.

 

SO ORDERED.

 

SUBJECTS/DOCTRINES/DIGEST:

 

“Moreover, the DOI-I Inspection Reporf;1 dated September 6, 20 J 6, observed that the Inayawan landfill had been in operation for l 7 years, which exceeded the 7-year estimated duration period in the projected design data. This caused the over pile-up of refuse/garbage in the perimeter and boarder of the landfill, having a height slope distance of approximately 120 meters at the side portion of Fil-Invest Subdivision, Cogon Pardo Side portion has approximately height of 40 meters and at Inayawan side portion is approximately from 10-20 meters from the original ground level. The standard process procedur7 management was poorly implemented.5~

 

As to the health impact, the DOH found that the residents, commercial centers, shanties and scavengers near the dump site are at high risk of acquiring different types of illness due to pollution, considering the current status of the dump site.53

 

The DOH highly recommended the immediate closure of the Inayawan sanitary landfill. lt was further stated that the disposal area is not anymore suitable as a sanitary landfill even if rehabilitated considering its location within the city, the number of residents and the increasing population of the city, the neighboring cities and towns, and the expected increase in number of commercial centers, transportation and tourist concerns.54

 

Prescinding from the above, the EMH, DOH, Mr. Amancio Dongcoy, a representative from the DENR-EMB, and the Cebu and Talisay residents are all in agreement as to the need of closing the Inayawan landfill due to the environmental violations committed by the City Government in its operation. The Court, while it have the jurisdiction and power to decide cases, is not precluded from utilizing the findings and recommendations of the administrative agency on questions that demand “the exercise of sound administrative discretion requiring the special knowledge, experience, and services of the adminjstrative tribunal to determine technical and. intricate matters of fact. 55

 

Lastly, as much as this Court recognizes the parties’ good intention and sympathize with the dilemma of Mayor Osmefia or the City Government in looking for its final disposal site, considering the garbage daily dis1–1osal of 600 tons generated by the city and its duty to provide basic services and facilities of garbage collection and disposal system, we agree with the appellate court that the continued operation of the Inayawan landfill poses a serious and pressing danger to the environment that could result in injurious consequences to the health and lives of the nearby residents, thereby warranting the issuance of a writ of kalikasan.”

 

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SCD-2018-0005-Mayor Tomas R. Osmeña Vs. Joel Capili Garganera 

 

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