HENARES VS LTFRB & DOTC G.R. No. 158290 October 23 200! "#$S#%B$NG .' FACTS' Asserting FACTS' Asserting their right to clean air pursuant to the RA8749, their Constitutional right, and the principle of "inter-generational responsibility", responsibility", Henares et al filed a petition to issue a (R$T OF %ANDA%#S commanding %ANDA%#S commanding !R# !R# and $%!C to re&uire public utility 'ehicles ()*+s to use CO%)RESSED NAT#RAL GAS *CNG+ as *CNG+ as alternati'e fuel !o present a compelling case for this .udicial action, Henares cited the high gro /th and lo/ turno'er in 'ehicle o/nership in the )hilippines, including diesel-po/ered 'ehicles, t/o-stro0e engine po/ered motorcycles and their emission of air pollutants, as the cause of air pollution and other related en'ironmental ha1ards $ue to the continuing high demand for motor 'ehicles, the energy and transport sectors are li0ely to remain the ma.or sources of harmful emissions )etitioners allege that the comple2 mi2tures of dust, dirt, smo0e, and li&uid droplets emitted into the air from 'arious engine combustions ha'e caused detrimental effects on health, producti'ity, producti'ity, infrastructure and the o'erall &uality of life 3ome of the effects of the fuel emissions /hen they react to other pollutants are the formation of smog, acid rain, and nitric acid and harmful nitrates uel emissions also cause retardation and leaf bleaching in plants Also, Also, /hen carbon mono2ide (C% has not been completely burned but emitted into the atmosphere and then inhaled can disrupt the necessary o2ygen in blood /hich, in the long run, affects the ner'ous system and can be lethal to people /ith /ea0 hearts !o counter the said detrimental effects of emissions from )*+s, petitioners propose the use of C5 C5 is a natural gas comprised mostly of methane 6t is colorless and odorless and considered the cleanest fossil fuel Compared to coal and petroleum, C5 produces much less pollutants C5 produces up to 9 percent less C% compared to gasoline and diesel f uel 6t reduces %2 emissions by percent and cuts hydrocarbon emissions by half 6t emits percent less particulate matters and releases 'irtually no sulfur dio2ide !he only dra/bac0 of C5 is that it produces more methane, one of the gases blamed for global /arming !R# !R# and $%!C e2plains that the /rit of mandamus is not the correct remedy since the /rit may be issued only to command a tribunal, corporation, board or person to do an act that is re&uired to be done, /hen he or it unla/fully neglects the performance of an act /hich the la/ specifically en.oins as a duty resulting from an office, trust or station, or unla/fully e2cludes another from the use and en.oyment of a right or office to /hich such other is entitled, there being no other plain, speedy and ade&uate remedy in the ordinar y course of la/ Ho/e'er, according according to Henares, these agencies possess the administrati'e and regulatory po/ers to implement measures in accordance /ith the policies and principles mandated by R8749 !R# and $%!C cannot ignore the e2istence of C5, and their failure to recogni1e C5 and failure to compel its use by )*+s as alternati'e fuel is tantamount to neglect in the performance of a duty !R# !R# and $%!C contend that nothing in RA 8749 prohibits the use of gasoline and diesel by o/ners of motor 'ehicles RA8749 does not e'en mention the e2istence of C5 as alternati'e fuel Also, it is the $:R that is tas0ed to implement RA 8749 and not the !R# nor the $%!C 6t is li0e/ise argued that it is the $epartment of :nergy ($%: that is re&uired to set the specifications specifications for all types of fuel and fuel-related products to impro'e fuel compositions for impro'ed efficiency and reduced emissions $%!C is limited to implementing the emission standards for motor 'ehicles, and !R# and $%!C cannot alter, change or modify the emission standards $SS#E' ;% $SS#E' ;% the /rit of mandamus is the proper remedy to compel )*+s to use C5 as alternati'e fuel HELD' % HELD' % As to the petitioners< standing, there is no dispute that petitioners ha'e standing to bring their case before the Court since /hat is being assailed here is the right to clean air !he right to clean air is an issue of paramount importance for it concerns the air they breathe 6t is also impressed /ith public interest !he conse&uences of the effects of a neglected en'ironment due to emissions of motor 'ehicles immeasurably affect the /ell-being of petitioners Ho/e'er, the plain, speedy and ade&uate remedy herein sought by petitioners, ie, a /rit of mandamus commanding to re&uire )*+s to use C5, is una'ailing =andamus lies under any of the follo/ing cases> *1+ against *1+ against any tribunal /hich unla/fully neglects the performance of an act /hich the la/ specifically en.oins as a duty? *2+ in *2+ in case any corporation, board or person unla/fully neglects the performance of an act /hich the la / en.oins as a duty resulting from an office, trust, or station? and *3+ in *3+ in case any tribunal, corporation, board or person unla/fully e2cludes another from the use and en.oyment of a right or office to /hich such other is legally entitled? and there is no other plain, speedy, and ade&uate remedy in the ordinary course of la/ !he /rit neither confers po /ers nor imposes duties 6t is simply a command to e2ercise a po/er already possessed and to perform a duty already imposed Here, petitioners are unable to pinpoint the la/ that imposes an indubitable legal duty on !R# and $%!C that /ill .ustify a grant of the /rit of mandamus compelling the use of C5 for public utility 'ehicles 6t /as pro'en that the $%!C@s duty is to implement the emission standards and set the ma2imum limit for the emission of motor 'ehicles set pursuant to and as pro'ided in
RA8749 !he !R# !R# has been tas0ed "to grant preferential and e2clusi'e Certificates of )ublic Con'enience (C)C or franchises to operators of 5+s based on the results of the $%!C sur'eys" urther, mandamus /ill not generally lie from one branch of go'ernment to a coordinate branch, for the ob'ious reason that neither is inferior to the other !he need for future changes in both legislation and its implementation cannot be preempted by orders from the Court, especially /hen /hat is prayed for is procedurally infirm #esides, comity /ith and courtesy to a coe&ual branch dictate that sufficient time and lee/ay be gi'en for the coe&ual branches to address b y themsel'es the en'ironmental problems raised in this petition !he legislature should pro'ide first the specific statutory remedy to the comple2 en'ironmental problems before any .udicial recourse by mandamus is ta0en (R$T OF %ANDA%#S DEN$ED
