Admin Compiled Feb. 2

LAGUNA LAKE DEVELOPMENT AUTHORITY vs COURT OF APPEALS (Romero1, 1994)

WoN the LLDA has authority and power to issue an order which, in its nature and effect was injunctive.

FACTS

THEORY OF THE PARTIES

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City Government of Caloocan: As a local government unit, pursuant to the general welfare provision of the Local Government Code, they have the mandate to operate a dumpsite and determine the effects to the ecological balance over its territorial jurisdiction.

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The residents of Tala Estate, Barangay Camarin, Caloocan City raised a complaint with the Laguna Lake Development Authority (LLDA), seeking to stop the operation of the City Government of Caloocan of an 8.6 hectare open garbage dumpsite in Tala Estate, due to its harmful effects on the health of the residents and the pollution of the surrounding water. LLDA discovered that the City Government of Caloocan has been maintaining the open dumpsite at the Camarin Area without a requisite Environmental Compliance Certificate from the Environmental Management Bureau of the DENR. They also found the water to have been directly contaminated by the operation of the dumpsite.

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LLDA issued a Cease and Desist Order against the City Government and other entities to completely halt, stop and desist from dumping any form or kind of garbage and other waste matter on the Camarin dumpsite.

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The City Government went to the Regional Trial Court of Caloocan City to file an action for the declaration of nullity of the cease and desist order and sought to be declared as the sole authority empowered to promote the health and safety and enhance the right of the people in Caloocan City to a balanced ecology within its territorial jurisdiction.

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LLDA sought to dismiss the complaint, invoking the Pollution Control Law that the review of cease and desist orders of that nature falls under the Court of Appeals and not the RTC.

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RTC denied LLDA’s motion to dismiss, and issued a writ of preliminary injunction enjoining LLDA from enforcing the cease and desist order during the pendency of the case.

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The Court of Appeals promulgated a decision that ruled that the LLDA has no power and authority to issue a cease and desist order enjoining the dumping of garbage.

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The residents seek a review of the decision.

ISSUE 1

LLDA: As an administrative agency which was granted regulatory and adjudicatory powers and functions by RA No. 4850, it is invested with the power and authority to issue a cease and desist order pursuant to various provisions in EO No. 927. RULING YES. 1.

2.

LLDA is mandated by law to manage the environment, preserve the quality of human life and ecological systems and prevent undue ecological disturbances, deterioration and pollution in the Laguna Lake area and surrounding provinces and cities, including Caloocan. •

While pollution cases are generally under the Pollution Adjudication Board under the Department of Environment and Natural Resources, it does not preclude mandate from special laws that provide another forum.

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In this case, RA No. 4850 provides that mandate to the LLDA. It is mandated to pass upon or approve or disapprove plans and programs of local government offices and agencies within the region and their underlying environmental/ecological repercussions.

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The DENR even recognized the primary jurisdiction of the LLDA over the case when the DENR acted as intermediary at a meeting among the representatives of the city government, LLDA and the residents.

LLDA has the authority to issue the cease and desist order. a.

Explicit in the law.

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§4, par. (3) explicitly authorizes the LLDA to make whatever order may be necessary in the exercise of its jurisdiction.

I love Justice Romero. Her decisions are so organised.