Llda vs CA Gr 110120 (Case Digest)

LLDA VS CA GR 110120

Laguna Lake Development Authority v CA (Environmental Law) GR No. 11010 !ar"h 1#$ 1%%& FACTS:

 The LLDA Legal and Technical Technical personnel found that the City Government of  Calo Calooc ocan an was was main maintai taini ning ng an open open dump dumpsi site te at the Cama Camarin rin area area without rst securing an Environmental Compliance Certicate (ECC from the Environmental !anagement "ureau (E!" of the th e Department De partment of Environment and #atural $esources% $esources% as re&uired under 'residential Decree #o )*+,% and clearance from LLDA as re&uired re&uired under $epu-lic $epu-lic Act Act #o #o .+ .+*/ */ and issu issued ed a CEA0 CEA0E E and and DE01 DE010T 0T 2$DE$ 2$DE$ (CD2 (CD2 for the City City Government of Caloocan to stop the use of the dumpsite ISSUES:

) 3hether the LLDA LLDA and its amendatory amendatory laws% have the authority authority to entertain entertain the complaint complaint against against the dumping dumping of gar-age gar-age in the open dumpsite in "arangay Camarin authori4ed -y the City Government of  Caloocan5 6 3het7er 3het7er the LLDA LLDA have the power power and authorit authority y to issue issue a 8cease 8cease and desist8 order5 APPLICABLE LAWS: •

E9ecutive 2rder #o 6; series of )+< which provides% thus: 0ec . Additional 'owers and =unctions The authority shall have the following powers and functions: (d !a>e% alter or modify orders re&uiring the discontinuance of pollution specifying the conditions and the time within which which such discontinuan discontinuance ce must -e accomplished ? As a genera generall rule% rule% the ad7udi ad7udicat cation ion of pollu pollutio tion n cases cases generally pertains to the 'ollution 'ollution Ad7udication Ad7udication "oard ('A"% ('A"% e9cept e9cept in cases cases w here here the special special law provide provides s for another forum

RULING:

) @E0% LLDA has authority authority 1t must -e recogni4ed in this regard that the LLDA% as a speciali4ed administrative agency% is specically mandated under $epu-lic $epu-lic Act #o .+*/ and its amendatory law s to carry out and ma>e eective the declared national policy of promoting and accelerating the development development and -alanced -alanced growth growth of the Laguna Laguna La>e La>e area and the surroundin surrounding g provinces provinces of $i4al and Laguna Laguna and the cities cities of 0an 'a-lo a-lo%% !anil !anila% a% 'asay asay%% Bue4 Bue4on on and and Calo Calooc ocan an with with due due rega regard rd and and

ade&uate provisions for environmental management and control% preservation of the &uality of human life and ecological systems% and the prevention of undue ecological distur-ances% deterioration and pollution nder such a -road grant and power and authority% the LLDA% -y virtue of  its special charter% o-viously has the responsi-ility to protect the inha-itants of the Laguna La>e region from the deleterious eects of pollutants emanating from the discharge of wastes from the surrounding areas 6 @E0% pursuant to E2 6; 0ection . 3hile it is a fundamental rule that an administrative agency has only such powers as are e9pressly granted to it -y law % it is li>ewise a settled rule that an administrative agency has also such powers as are necessarily implied in the e9ercise of its e9 press powers 1n the e9ercise% therefore% of its e9press powers under its charter as a regulatory and &uasi7udicial -ody with respect to pollution cases in the Laguna La>e region% the authority of the LLDA to issue a 8cease and desist order8 is% perforce% implied #2TE: 23EFE$% writs of mandamus and in7unction are -eyond the power of the LLDA to issue