LAGUNA LAKE DEVELOPMENT AUTHORITY v. CA, GR No.

the case by the Court of Appeals and not by the Regional Trial
110120, 1994-03-16 Court.[1

Facts: Court issued a Resolution[13] directing the Court of Appeals

to immediately set the case for hearing for the purpose of
Task Force Camarin Dumpsite of Our Lady of Lourdes Parish, determining whether or not the temporary restraining order
Barangay Camarin, Caloocan City, filed a letter-complaint[2] issued by the Court... should be lifted and what condition
with the Laguna Lake Development Authority seeking to stop
the operation of the It was agreed at the conference that the LLDA had until
December 15, 1992 to finish its study and review of
8.6-hectare open garbage dumpsite in Tala Estate, Barangay respondent's technical plan with respect to the dumping of its
Camarin, Caloocan City due to its harmful effects on the garbage... e parties failed to settle... the dispute.
health of the residents and the possibility of pollution of the
water content of the surrounding area. (1) the Regional Trial Court has no jurisdiction on appeal to
try, hear and decide the action for annulment of LLDA's cease
LLDA Legal and and desist order, including the issuance of a temporary
Technical personnel found that the City Government of restraining order... and preliminary injunction in relation
Caloocan was maintaining an open dumpsite at the Camarin thereto, since appeal therefrom is within the exclusive and
area without first securing an Environmental Compliance appellate jurisdiction of the Court of Appeals under Section 9,
Certificate (ECC) from the Environmental Management par. (3), of Batas Pambansa Blg. 129; and (2) the Laguna Lake
Bureau (EMB) of the Department of Environment and Natural Development Authority has no power and authority to... issue
a cease and desist order under its enabling law, Republic Act
Resources, as required under Presidential Decree No. 1586, No. 4850, as amended by P.D. No. 813 and Executive Order
[4] and clearance from LLDA as required under Republic Act No. 927, series of 1983.
No. 4850,[5] as amended by Presidential Decree No. 813 and
Laguna Lake Development Authority filed the instant petition
Executive Order No. 927, series of 1983. for review on certiorari, now docketed as G.R. No. 110120,
with prayer that the temporary restraining order lifted by the
LLDA issued a Cease and Desist Order[8] ordering the City Court of Appeals be re-issued
Government of Caloocan, Metropolitan Manila Authority,
their contractors, and other entities, to completely halt, stop Issues:
and desist from dumping any form or kind of garbage and
other waste matter at the Camarin dumpsite. issue on the proper interpretation of the powers and
authority of the LLDA under its enabling law.
August 1992 the dumping operation was resumed after a
meeting held in July 1992 It is significant to note that while both parties in this case
agree on the need to protect the environment and to
LLDA issued another order reiterating the December 5, 1991 maintain the ecological balance of the surrounding areas of
order and issued an Alias Cease and Desist Order enjoining the Camarin open dumpsite, the question as to which agency
the City Government of Caloocan from continuing its can lawfully exercise jurisdiction over... the matter remains
dumping... operations at the Camarin area. highly open to question.
assistance of the Philippine National Police, enforced its Alias Does the LLDA have the power and authority to issue a "cease
Cease and Desist Order by prohibiting the entry of all garbage and desist" order under Republic Act No. 4850 and its
dump trucks into the Tala Estate, Camarin area amendatory laws, on the basis of the facts presented in this...
case, enjoining the dumping of garbage in Tala Estate,
City Government of Caloocan filed with the Regional Trial Barangay Camarin, Caloocan City.
Court of Caloocan City an action for the declaration of nullity
of the cease and desist order The irresistible answer is in the affirmative.
City Government of Caloocan sought to be declared as the Ruling:
sole authority empowered to promote the health and safety
and enhance the right of the people in Caloocan City to... a City Government of Caloocan claims that it is within its
balanced ecology within its territorial jurisdiction. power, as a local government unit, pursuant to the general
welfare provision of the Local Government Code... power and
LLDA, for its part, filed on October 2, 1992 a motion to authority of the LLDA to issue a cease and desist... order
dismiss on the ground, among others, that under Republic Act enjoining the dumping of garbage in the Barangay Camarin
No. 3931, as amended by Presidential Decree No. 984, over which the City Government of Caloocan has territorial
otherwise known as the Pollution Control Law, the cease and jurisdiction.
desist order issued by it which is the... subject matter of the
complaint is reviewable both upon the law and the facts of as an administrative agency which was granted regulatory
and adjudicatory powers and functions by Republic Act No.
4850 and its amendatory laws, Presidential
Decree No. 813 and Executive Order No. 927, series of 1983, Tala Estate,... Barangay Camarin, Caloocan City is hereby
it is invested with the power and authority to issue a cease made permanent.
and desist order pursuant to Section 4 par. (c), (d), (e), (f), and
(g) of Executive Order No. 927 series of 1983 Principles:

The LLDA claims that the appellate court deliberately Laguna Lake Development Authority v. Court of Appeals and
suppressed and totally disregarded the above provisions of Ors. (G.R. No. 110120)
Executive Order No. 927, series of 1983, which granted
administrative quasi-judicial functions to LLDA on pollution Facts:
abatement cases.

Under such a broad grant of power and... authority, the LLDA, The City Government of Caloocan disposed of approximately
by virtue of its special charter, obviously has the responsibility 350 tons of garbage daily in Tala Estate, Barangay Camarin
to protect the inhabitants of the Laguna Lake region from the against the wishes of local residents, who were concerned
deleterious effects of pollutants emanating from the about the environmental and health impact of the dumpsite.
discharge of wastes from the surrounding areas. In March 1991, the Task Force Camarin Dumpsite of Our Lady
of Lourdes Parish filed a complaint with the Laguna Lake
pass upon and approve or disapprove all plans, programs, and Development Authority (LLDA). The complaint sought to end
projects proposed by local government offices/agencies the operation of the dumpsite, because of the dumpsite’s
within the region, public corporations, and private persons or “harmful effects on the health of the residents and the
enterprises where such plans,... programs and/or projects are possibility of pollution of the water content of the
related to those of the LLDA for the development of the surrounding area.”
region.

latter's jurisdiction under its charter was validly invoked by An LLDA investigation found that the City Government of
complainant on the basis of its... allegation that the open Caloocan was maintaining the dumpsite without a legally
dumpsite project of the City Government of Caloocan in required Environmental Compliance Certificate (ECC).
Barangay Camarin was undertaken without a clearance from Subsenquently, the LLDA issued a Cease and Desist Order
the LLDA,... Republic Act No. 4850, as amended by P.D. No. tothe City Government of Caloocan, asking them, the
813 and Executive Order No. 927, series of 1983, authorizes Metropolitan Manila Authority, and any contractors or other
the LLDA to entities to stop operating the Camarin dumpsite. The
dumping stopped for a few months, but resumed again in
"make, alter or modify orders requiring the discontinuance of August 1992. The LLDA filed another Cease and Desist Order
pollution. that month, and in September went so far as to prohibit entry
of all garbage dump trucks into Tala Estate.
power "to make, alter or modify... orders requiring the
discontinuance of pollution" is expressly and clearly bestowed
In September of 1992, The City Government of Caloocan filed
upon the LLDA by Executive Order No. 927, series of 1983.
a petition seeking to be declared “the sole authority
Declaration of Principles and State Policies of the 1987 empowered to promote the health and safety and enhance
Constitution. Article II, Section 16 which provides: the right of the people in Caloocan City to a balanced ecology
within its territorial jurisdiction.” This order would render any
"The State shall protect and advance the right of the people LLDA Cease and Desist Orders against the City Government of
to a balanced and healthful ecology in accord with the rhythm Caloocan null and void. The trial court and the Court of
and harmony of nature."... provision was designed to invest Appeal granted the City Government of Caloocan this order
the LLDA with sufficiently broad powers in the regulation of and ruled that the Lake Laguna Development Authority had
all projects initiated in the Laguna Lake region, whether by no power and authority to issue a cease and desist order
the government or the private sector, insofar as the enjoining the dumping of garbage. The LLDA appealed to the
implementation of these projects is concerned. It was... Supreme Court.
meant to deal with cases which might possibly arise where
decisions or orders issued pursuant to the exercise of such Decision and Reasoning:
broad powers may not be obeyed, resulting in the thwarting
of its laudable objective.
The Court held that the LLDA had the authority to issue a
writs of mandamus and... injunction which are beyond the cease and desist order enjoining the dumping of garbage in
power of the LLDA to issue, may be sought from the proper Tala Estate.  Republic Act No. 4850 explicitly authorized the
courts. LLDA to “make, alter or modify order requiring the
discontinuance or pollution.” While the LLDA was not
temporary restraining order issued by the Court on July 19, expressly granted a power to make ex parte Cease and Desist
1993 enjoining the City Mayor of Caloocan and/or the City Orders, such a power was necessarily implied from its broad
Government of Caloocan from dumping their garbage at the powers to make orders stopping pollution. Otherwise, the
LLDA would “be reduced to a ‘toothless’ paper agency.”
The Court also emphasized that Article II, section16 of the
Constitution guaranteed a right to “a balanced and healthful
ecology in accord with the rhythm and harmony of nature,”
and that there was a declared state policy to protect and
promote the right to health, which had been recognized as a
fundamental right in both the Universal Declaration of Human
Rights and the Declaration of Alma-Ata.

Excerpts:

“This is but in consonance with the declared policy of the

state ‘to protect and promote the right to health of the
people and instill health consciousness among them.’ It is to
be borne in mind that the Philippines is party to the Universal
Declaration of Human Rights and the Alma Conference
Declaration of 1978 which recognize health as a fundamental
human right.” Page 9.

“The issuance, therefore, of the cease and desist order by the

LLDA, as a practical matter of procedure under the
circumstances of the case, is a proper exercise of its power
and authority under its charter and its amendatory laws. Had
the cease and desist order issued by the LLDA been complied
with by the City Government of Caloocan as it did in the first
instance, no further legal steps would have been necessary.”
Page 9.