MMDA v Concerned Residents of Manila Bay

MMDA v Concerned Residents of Manila Bay (Environmental Law) Metropolitan Manila Development Authority v Concerned Residents of Manila Bay GRNo. 1 7 1 94 7 4 8 De c e mb e r1 8 ,2 0 0 8

FACTS: The complaint by the residents alleged that the ater !uality of the Manila Bay had fallen ay belo the alloable standards set by la" specifically #residential Decree $o% &#D' (()* or the #hilippine +nvironment Code and that A,, defendants &public officials' must be -ointly and.or solidarily liable and collectively ordered to clean up Manila Bay and to restore its ater !uality to class B" aters fit for simming" diving" and other forms of contact recreation% /SS0+S: &(' 12$ Sections (3 and *4 of #D (()* under the headings" 0pgrading of 1ater 5uality and Clean6up 2perations" envisage a cleanup in general or are they limited only to the cleanup of specific pollution incidents7 &*' 12$ petitioners be compel led by mandamus to clean up and rehabilitate the Manila Bay% A##,/CAB,+ ,A1S: #D (()* #hilipp #hilippine ine +nvironmen +nvironmental tal Code Section (3% 0pgrading of 1ater 5uality%8 5 uality%88 8 1here the !uality of ater has deteriorated t o a degree here it s state ill adversely affect its best u sage" the government agencies concerned shall ta9e such measures as may be necessary to upgrade the !uality of such ater to meet the prescribed ater !uality standards% Section *4% Clean6up 2perations% 2perations%88/t 88/t shall be the responsibility of the polluter to contain " remove and clean 6 up ater pollution incidents at his on epense% /n case of his failure to do so" so" the government agencies concerned shall underta9e containment" removal and clean6up operations and epenses incurred in said operation shall be charged against the persons and. or entities entities responsible for such pollution% ;+,D: &(' Sec% (3 does not in any ay state that the government agencies concerned ought to confine themselves to the containment" removal" and cleaning operations hen a specific pollution incident occurs% 2n the contrary contrary"" Sec% (3 re!uires them to act even in the absence of a specific pollution incident" as long as ater !uality   *4 are of general application and are not for specific pollution incidents only% The fact that the pollution of the Manila Bay is of such magnitude and scope that it is   ell 6nigh impossible to dra the line beteen a specific and a general pollution  incident%

&*' The Cleaning or Rehabilitation of Manila Bay Can be Compelled by Mandamus% 1hile the implementation of the MMDA?s mandated tas9s may entail a decision6ma9ing process" the enforcement of the la or the very act of doing hat the la eacts to be done is ministerial in nature and may be compelled by mandamus% 0nder hat other -udicial discipline describes as