The Supreme Court has directed the Cebu City government to permanently stop dumping or disposing of garbage or solid waste at the rate of about 600 tons daily to the city’s Inayawan landfill and then to undertake all measures to rehabilitate.
In an en banc decision penned by Justice Noel G. Tijam, the SC dismissed the petition filed by Cebu City Mayor Tomas R. Osmeña who assailed the 2016 Court of Appeals decision that granted the petition for Writ of Kalikasan filed by Joel Capili Garganera, on his behalf, and for the people of the cities of Cebu and Talisay and the future generation.
The high court upheld the findings of the CA that based on government studies, “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.”
The CA’s decision cited the 2016 study conducted by the Environment Management Bureau of the Department of Environment and Natural Resources which states:
“The proper treatment of the leachate at the Inayawan landfill has not been complied with prior to its discharge to the Cebu Strait, there is no question that the scope of the possible environmental damage herein has expanded to encompass not just the City of Cebu but other localities as well that connects to such Strait. Since leachate is contaminated liquid from decomposed waste, it is not difficult to consider the magnitude of the potential environment damage it can unleash if this is released to a receiving water body without being sufficiently treated first, as in this case,” the tribunal said, quoting the pertinent portion of the appellate court.
“The city government’s resumption of the garbage dumping operations at the Inayawan landfill has raised serious environmental concerns,” the SC ruled.
In 1993, DENR issued a permit for the Cebu City government to use the Inayawan landfill for its garbage disposal. But in 2011, the city government, itself, resolved to close the landfill. In 2012, the landfill was partially closed and all wastes from the city were disposed of in a privately operated landfill in Consolacion. In 2015, the Inayawan landfill was formally closed.
In June 8, 2016, however, the city government sought the temporary opening of the landfill in a letter to the EMB. The request was reiterated in another letter dated June 27, 2016. EMB through its regional did not interpose any objection.
Thus, in July 2016, the Inayawan landfill was officially re-opened.
However, on Sept. 2, 2016, a notice of violation was issued by the EMB and four days later, the Department of Health (DOJ) recommended the closure of the landfill for lack of sanitary requirements and on environment, health, and community safety issues.
On Sept. 23, 2016, Garganera filed a petition for a Writ of Kalikasan before the CA and sought the issuance of a temporary environment protection order (TEPO).
Garganera argued that the continued operation of the Inayawan landfill “causes serious environmental damage which threatens and violates their right to a balanced and healthful ecology.”
He said that the reopening and continued operation of the landfill violate several environmental laws and government regulations “such as R.A. 9003; R.A. 8749 or the ‘Philippine Clean Air Act of 1999’; RA. 9275 or the ‘Philippine Clean Water Act of 2004’; Presidential Decree (P.D.) No. 856 or the ‘Code on Sanitation of the Philippines’; and DENR Administrative Order (DAO) No. 2003-30 or the ‘Implementing Rules and Regulation (IRR) for the Philippine Environmental Impact Statement System.’”
A Writ of Kalikasan is an extraordinary legal remedy for the protection of the citizens’ right to a healthy environment.
On Oct. 6, 2016 the CA issued the Writ of Kalikasan and on Dec. 15, 2016, the appellate court directed the Cebu City government to stop permanently from disposing of the city’s garbage at the Inayawan landfill.
The city government, through Mayor Osmena, elevated the case to the SC, citing alleged procedural lapses in the filing of the Writ of Kalikasan case and challenging the ruling handed down by the CA.
In ruling against Mayor Osmen’s petition, the SC stressed that the record discloses that the City Government’s resumption of the garbage dumping operations at the Inayawan landfill has raised serious environmental concerns.
“Lastly, as much as this Court recognizes the parties’ good intention and sympathizes with the dilemma of Mayor Osmena or the City Government in looking for its final disposal site, considering the garbage daily disposal 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,” the tribunal held.