RP v City of Davao (Environmental Law)

Republic of the Philippines v City of Davao  

GR No. 148622 

September 12, 2002

FACTS:

On August 11, 2000, The City of Davao filed an application for a Certificate of Non- Coverage (CNC) for its proposed project, the Davao City Artica Sports Dome, with the Environmental Management Bureau (EMB), Region XI. 

ISSUES:

(1) Is an LGU like Davao exempt from the coverage of PD 1586? 

(2) Is the project entitled to a Certificate of Non-Coverage (CNC)?

APPLICABLE LAWS:

• Section 15 of Republic Act 7160,[5] otherwise known as the Local Government Code, defines a local government unit as a body politic and corporate endowed with powers to be exercised by it in conformity with law.  

• Section 4 of PD 1586 clearly states that “no person, partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance certificate issued by the President or his duly authorized representative

RULING:

(1) NO, IT IS WITHIN THE COVERAGE OF PD 1586.   Found in Section 16 of the Local Government Code is the duty of the LGUs to promote the people's right to a balanced ecology. Pursuant to this, an LGU, like the City of Davao, cannot claim exemption from the coverage of PD 1586. As a body politic endowed with governmental functions, an LGU has the duty to ensure the quality of the environment, which is the very same objective of PD 1586.  

(2) YES.   The Artica Sports Dome in Langub does not come close to any of the projects or areas enumerated above. Neither is it analogous to any of them. It is clear, therefore, that the said project is not classified as environmentally critical, or within an environmentally critical area.   Consequently, the DENR has no choice but to issue the Certificate of Non- Coverage. It becomes its ministerial duty, the performance of which can be compelled by writ of mandamus, such as that issued by the trial court in the case at bar.