82 REPUBLIC OF THE PHILIPPINES, Represented by the POLLUTION ADJUDICATION BOARD DENR! vs. "ARCOPPER "ININ# CORPORATION #$R$ N%$ &'(&()
J*+y &, 2
FACTSRespondent MMC was issued a temporary permit to operate a tailings sea disposal system. In the meantime, the National Pollution Control Commission (NPCC) was abolished by E No. !"# dated $une !%, !"&', and its powers and untions were integrated into the Environmental Management *ureau and into the Pollution +dudiation *oard (P+*). n +pril !!, !"&&, the -ENR eretary, in his apaity as Chairman o the P+*, issued an rder direting MMC to /ease and desist rom disharging mine tailings into Calanan Calanan *ay./ *ay./ 0his was appealed by the MMC with with the ie o the President (P). In line with the diretive rom the P, the Calanan *ay Rehabilitation Proet (C*RP) was reated, and MMC remitted the amount o P1%,%%%.%% a day, starti starting ng rom rom May !1, !"&& !"&& to the Eology Eology 0rust 0rust 2und (E02) (E02) thereo thereo. . 3owever, 3owever, on $une 1%, !""!, MMC stopped disharging its tailings in the *ay, hene, it li4ewise eased rom ma4ing urther deposits to the E02. 0he P+* sought or the enorement o the order issued by the P, however, however, the C+ ated on MMC5s petition and ordered the P+* to rerain and desist rom enoring aoresaid rder. 3ene, the instant petition.
HELD 6es$ The CA erred$ 0he ruling ruling o the Court o +ppea +ppeals ls that that the P+* has been been divest divested ed o authority to at on pollution:related matters in mining operations is anhored on the provision provisions s o R+ '"7# (Philippi (Philippine ne Mining +t o !""8). 3owever 3owever,, Se0t/% Se0t/%n n &7 % EO &72 este ested d the PAB PAB ./th ./th the spe0// spe0//0 0 p%.er p%.er t% 1d3*d/01te p%++*t/%n 01ses /n 5ener1+$ e. #, par. (a) o P- "&7 deines the term /pollution/ as reerring to any alteration o the physial, hemial and biologial biologial properties properties o any water, air and;or land resoures resoures o the Philippines , or any disharge thereto o any li
ISSUE6hether the Court o +ppeals erred in ruling that Republi +t No. '"7# (other (otherwi wise se 4nown 4nown as the Philip Philippin pine e Mining Mining +t o !""8) !""8) repeal repealed ed the provisions o Republi +t No. 1"1!, as amended by Presidential -eree No. "&7, (otherwise 4nown as the National Pollution Control -eree o !"'9), ./th ./th resp respe0 e0tt t% the the p%.e p%.err 1nd 1nd *n0 *n0t/ t/%n %n % pet/ pet/t/ t/%n %ner er P%++ P%++*t *t/% /%n n Ad3*d/01t/%n B%1rd t% /ss*e, rene. %r deny per4/ts %r the d/s0h1r5e % the 4/ne t1/+/n5s$
9HEREFORE, 9HEREFORE , the petition is hereby hereby partially partially >R+N0E-. >R+N0E-. 0he assailed -eision is RE?ERE- insoar as the urisdition o the P+* to at on the ompl omplain aintt is oner onerned ned@@ but +22IR +22IRMEME- insoa insoarr as Marop Maropper per Mining Mining Corporation has no arrears in deposits with the Eology 0rust 2und o the Calanan *ay Rehabilitation Proet.
