DESPITE calls by some government agencies and the dominant opposition at the Cebu City Council for the immediate closure of the reopened Inayawan Sanitary Landfill as it violated several laws on environment and health issues, this “former political has-been” stood his ground and vowed to continue operating the facility.
After a series of inspections, the Department of Environment and Natural Resources (DENR) and the Department of Health (DOH) has found various violations in the continued operations of the landfill and urged and “advised” the local government to close it. But instead of heeding these calls, this “former political has-been” ignored them. I think the only way that he might be forced to close the landfill is by those concerned to go to court.
City Councilor Joel Garganera has been talking about going to court through a Writ of Kalikasan. It is a legal remedy that protect one's Constitutional right to a healthy environment, as outlined in Section 16, Article 2 of the Philippine Constitution. The Writ of Kalikasan was provided for in 2010 by the Supreme Court under Rule 7 of the Rules of Procedure for Environment Case as a Special Civil Action. Here it is:
Section 1. Nature of the writ-- The writ is a remedy available to a natural or juridical person, entity authorized by law, people’s organization, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.
Section 2. Contents of the petition.-- The verified petition shall contain the following: (a) The personal circumstances of the petitioner; (b) The name and personal circumstances of the respondent or if the name and personal circumstances are unknown and uncertain, the respondent may be described by an assumed appellation; (c) The environmental law, rule or regulation violated or threatened to be violated, the act or omission complained of, and the environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces; (d) All relevant and material evidence consisting of the affidavits of witnesses, documentary evidence, scientific or other expert studies, and if possible, object evidence; (e) The certification of petitioner under oath that: (1) petitioner has not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency, and no such other action or claim is pending therein; (2) if there is such other pending action or claim, a complete statement of its present status; (3) if petitioner should learn that the same or similar action or claim has been filed or is pending, petitioner shall report to the court that fact within five (5) days therefrom; and (f) The reliefs prayed for which may include a prayer for the issuance of a TEPO.
Section 3. Where to file.-- The petition shall be filed with the Supreme Court or with any of the stations of the Court of Appeals.
Section 4. No docket fees.-- The petitioner shall be exempt from the payment of docket fees.
Section 5. Issuance of the writ.-- Within three (3) days from the date of filing of the petition, if the petition is sufficient in form and substance, the court shall give an order: (a) issuing the writ; and (b) requiring the respondent to file a verified return as provided in Section 8 of this Rule. The clerk of court shall forthwith issue the writ under the seal of the court including the issuance of a cease and desist order and other temporary reliefs effective until further order.
Section 6. How the writ is served.-- The writ shall be served upon the respondent by a court officer or any person deputized by the court, who shall retain a copy on which to make a return of service. In case the writ cannot be served personally, the rule on substituted service shall apply.
Section 7. Penalty for refusing to issue or serve the writ.-- A clerk of court who unduly delays or refuses to issue the writ after its allowance or a court officer or deputized person who unduly delays or refuses to serve the same shall be punished by the court for contempt without prejudice to other civil, criminal or administrative actions.
(bobby@sunstar.com.ph)