Contributo R Module & Topic Case Title G.R. No. Ponente Date Doctrine

CONTRIBUTO Shi, Alyanna
R
MODULE & Module 4, Principles and State Policies (Constitutional Law 1)
TOPIC
CASE TITLE LLDA vs. CA G.R. No. 110120
PONENTE Justice Romero DATE March 16, 1994
DOCTRINE Article 2, Section 16, of the 1987 Constitution provides that
(What is the essential “The State shall protect and advance the right of the people to a
principle or rule that
makes this case balanced and healthful ecology in accord with the rhythm and harmony
unique? This may be
lifted from the Court’s
of nature.”
decision.)
The authority of the LLDA to issue a cease and desist order, aligned
with the immediate response to the demands of “the necessities of
protecting vital public interests”, gives vitality to the statement on
ecology embodied in the 1987 Constitution.
FACTS On March 1991, the Task Force Camarin Dumpsite of Barangay

Camarin, Caloocan City filed a letter-complaint with the Laguna Lake
Development Authority (LLDA) seeking to stop the operation of the
garbage dumpsite due to its harmful effects on health and possible
pollution of water in the area. Subsequently, the LLDA found out that
the City of Caloocan was maintaining an open dumpsite without first
securing a clearance from LLDA as required under its charter R.A.
4850.
On December 1991, the LLDA found that the water collected from the
leachate indicates the presence of bacteria. Hence, the LLDA issued a
cease and desist order against the City of Caloocan from dumping
garbage at the dumpsite. The dumping operation was stopped for a
while, but it continued on afterwards. As such, on September 1992, the
LLDA enforced its order by prohibiting the entry of all garbage trucks.
The City of Caloocan filed an action for the nullity of the cease and
desist order with the Regional Trial Court praying that it be declared as
the sole authority to promote the health and safety of the people in
Caloocan to a balanced ecology. Likewise, it questioned the authority of
the LLDA to issue a cease and desist order within its territorial
jurisdiction.
A judgement was rendered in favor of the City of Caloocan. Hence, a

petition for certiorari was filed where the Court referred the case to the
Court of Appeals (CA). Likewise, the Court re-issued a temporary
restraining order to cease and desist from dumping garbage at the
aforesaid dumpsite pending this case.
On April 1993, the CA promulgated its decision holding that the LLDA
has no authority to issue a cease and desist order. Hence, the
temporary restraining order was set aside. Subsequently, this instant
petition for review on certiorari was filed by the LLDA praying for the
re-issuance of the restraining order until final determination of the
issue.
ISSUE/S Whether or not LLDA have the authority to entertain the complaint
against the dumping of garbage in the Camarin dumpsite and issue a
cease and desist order?
RULING Yes. Under the broad power and authority granted to LLDA under R.A.
4850, it obviously has the responsibility to protect the inhabitants of
the Laguna Lake region from the deleterious effects of pollutants
emanating from the discharge of wastes from the surrounding areas. As
such, it can approve or disapprove all plans and projects proposed by
local government where those are related to LLDA for the development
of the region.
The cease and desist order issued by the LLDA requiring the City
Government of Caloocan to stop dumping its garbage in the Camarin
open dumpsite was found by the LLDA to have been done in violation
of Republic Act No. 4850, as amended, and other relevant environment
laws, cannot be stamped as an unauthorized exercise by the LLDA of
injunctive powers. Republic Act No. 4850, as amended by P.D. No. 813
and E.O. No. 927, authorizes the LLDA to "make, alter or modify order
requiring the discontinuance or pollution." In the exercise, therefore, of
its express powers under its charter as a regulatory and quasi-judicial
body with respect to pollution cases in the Laguna Lake region, the
authority of the LLDA to issue a "cease and desist order" is, perforce,
implied.
The issuance, therefore, of the cease and desist order by the LLDA, as a
practical matter of procedure under the circumstances of the case, is a
proper exercise of its power and authority under its charter and its
amendatory laws.

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CONTRIBUTO Shi, Alyanna

FACTS On March 1991, the Task Force Camarin Dumpsite of Barangay

A judgement was rendered in favor of the City of Caloocan. Hence, a

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