Mmda Vs CRMB Dulay

METROPOLITAN MANILA DEVELOPMENT AUTHORITY, DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES, DEPARTMENT OF EDUCATION, CULTURE AND SPORTS,1 DEPARTMENT OF HEALTH, DEPARTMENT OF

AGRICULTURE, DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, DEPARTMENT OF BUDGET AND MANAGEMENT,
PHILIPPINE COAST GUARD, PHILIPPINE NATIONAL POLICE MARITIME GROUP, AND DEPARTMENT OF THE
INTERIOR AND LOCAL GOVERNMENT, PETITIONERS,
VS.
CONCERNED RESIDENTS OF MANILA BAY, REPRESENTED AND JOINED BY DIVINA V. ILAS, SABINIANO
ALBARRACIN, MANUEL SANTOS, JR., DINAH DELA PEÑA, PAUL DENNIS QUINTERO, MA. VICTORIA LLENOS,
DONNA CALOZA, FATIMA QUITAIN, VENICE SEGARRA, FRITZIE TANGKIA, SARAH JOELLE LINTAG, HANNIBAL
AUGUSTUS BOBIS, FELIMON SANTIAGUEL, AND JAIME AGUSTIN R. OPOSA, RESPONDENTS.
FACTS:
Respondents Concerned Residents of Manila Bay filed a complaint before the RTC in
Imus, Cavite against several government agencies, among them the petitioners, for the cleanup,
rehabilitation, and protection of the Manila Bay.
The complaint alleged that the water quality of the Manila Bay had fallen way below
the allowable standards set by law, which was confirmed by DENR’s Water Quality
Management Chief, Renato T. Cruz that water samples collected from different beaches around
the Manila Bay showed that the amount of fecal coliform content ranged from 50,000 to
80,000 most probable number (MPN)/ml which is beyond the standard 200 MPN/100ml or the
SB level under DENR Administrative Order No. 34-90.
Respondents, as plaintiffs a quo, prayed that petitioners be ordered to clean the
Manila Bay and submit to the RTC a concerted concrete plan of action for the purpose.
The reckless, wholesale, accumulated and ongoing acts of omission or
commission [of the defendants] resulting in the clear and present danger to
public health and in the depletion and contamination of the marine life of
Manila Bay, the RTC held petitioners liable and ordered to clean up and
rehabilitate Manila Bay and to restore its water quality to class B waters fit for
swimming, skin-diving, and other forms of contact recreation.
The DENR, DPWH, Metropolitan Manila Development Authority (MMDA),
Philippine Coast Guard , PNP Maritime Group, and five other executive departments
and agencies filed directly with this Court a petition for review under Rule 45.
Petitioners were one in arguing in the main that the pertinent provisions of the
Environment Code relate only to the cleaning of specific pollution incidents and do
not cover cleaning in general. And apart from raising concerns about the lack of
funds appropriated for cleaning purposes, petitioners also asserted that the cleaning
of the Manila Bay is not a ministerial act which can be compelled by mandamus.
The CA denied petitioners appeal and affirmed the Decision of the RTC in
toto, stressing that the trial courts decision did not require petitioners to do tasks
outside of their usual basic functions under existing laws.
ISSUE:
• Whether petitioners can be compelled by mandamus to clean up and

rehabilitate the Manila Bay.
The Cleaning or Rehabilitation of Manila Bay Can be Compelled by
Mandamus.
Generally, the writ of mandamus lies to require the execution of a
ministerial duty. A ministerial duty is one that requires neither the exercise of
official discretion nor judgment. It connotes an act in which nothing is left to the
discretion of the person executing it. It is a simple, definite duty arising under
conditions admitted or proved to exist and imposed by law. Mandamus is
available to compel action, when refused, on matters involving discretion, but
not to direct the exercise of judgment or discretion one way or the other.
First off, the Court wish to state that petitioners obligation to perform
their duties as defined by law, on one hand, and how they are to carry out such
duties, on the other, are two different concepts. While the implementation of the
MMDAs mandated tasks may entail a decision-making process, the enforcement
of the law or the very act of doing what the law exacts to be done is ministerial
in nature and may be compelled by mandamus.
MMDA’s duty to put up an adequate and appropriate sanitary landfill
and solid waste and liquid disposal as well as other alternative garbage
disposal systems is ministerial, its duty being a statutory imposition. The MMDA’s
duty in this regard is spelled out in Sec. 3(c) of RA 7924 creating the MMDA.
The MMDA’s duty in the area of solid waste disposal, as may be noted,
is set forth not only in the Environment Code (PD 1152) and RA 9003, but in its
charter as well. This duty of putting up a proper waste disposal system cannot
be characterized as discretionary, for, as earlier stated, discretion presupposes
the power or right given by law to public functionaries to act officially
according to their judgment or conscience.
A perusal of other petitioners respective charters or like enabling
statutes and pertinent laws would yield this conclusion: these government
agencies are enjoined, as a matter of statutory obligation, to perform certain
functions relating directly or indirectly to the cleanup, rehabilitation, protection,
and preservation of the Manila Bay. They are precluded from choosing not to
perform these duties.
It thus behooves the Court to put the heads of the petitioner-
department-agencies and the bureaus and offices under them on continuing
notice about, and to enjoin them to perform, their mandates and duties towards
cleaning up the Manila Bay and preserving the quality of its water to the ideal
level.
Under what other judicial discipline describes as "continuing mandamus,"
the Court may, under extraordinary circumstances, issue directives with the end
in view of ensuring that its decision would not be set to naught by administrative
inaction or indifference. In India, the doctrine of continuing mandamus was used
to enforce directives of the court to clean up the length of the Ganges River
from industrial and municipal pollution.
The heads of petitioners-agencies MMDA, DENR, DepEd, DOH, DA, DPWH,
DBM, PCG, PNP Maritime Group, DILG, and also of MWSS, LWUA, and PPA, in
line with the principle of "continuing mandamus," shall, from finality of this
Decision, each submit to the Court a quarterly progressive report of the
activities undertaken in accordance with this Decision.

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METROPOLITAN MANILA DEVELOPMENT AUTHORITY, DEPARTMENT OF ENVIRONMENT AND NATURAL

RESOURCES, DEPARTMENT OF EDUCATION, CULTURE AND SPORTS,1 DEPARTMENT OF HEALTH, DEPARTMENT OF

• Whether petitioners can be compelled by mandamus to clean up and

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