Torrecampo v. Metropolitan
Torrecampo v. Metropolitan
Torrecampo v. Metropolitan
Republic of the Philippines
SUPREME COURT
Manila
SECOND DIVISION
G.R. No. 188296 May 30, 2011
BARANGAY CAPTAIN BEDA TORRECAMPO, Petitioner,
vs.
METROPOLITAN WATERWORKS AND SEWERAGE SYSTEM, Diosdado Jose Allado, Administrator,
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, Secretary Hermogenes Ebdane, Respondents.
D E C I S I O N
CARPIO, J.:
The Case
G.R. No. 188296 is a petition for injunction1 with prayer for issuance of a Temporary Restraining Order and Writ of
Preliminary Injunction. Barangay Captain Beda Torrecampo (Torrecampo) of Barangay Matandang Balara, Quezon
City, in his capacity as taxpayer and on behalf of his barangay constituents and eight million Metro Manila residents,
filed the present petition against respondents Manila Waterworks and Sewerage System (MWSS) and Diosdado
Jose M. Allado (Allado) in his official capacity as Administrator, and the Department of Public Works and Highways
(DPWH) and Hermogenes Ebdane (Ebdane) in his official capacity as Secretary. Torrecampo sought to enjoin
respondents from implementing the Circumferential Road 5 (C5) Extension Project over Lot Nos. 42B2A, 42A6
and 42A4 (subject lots),2 all of which are owned by the MWSS. The C5 Road Extension Project will connect the
South Luzon Expressway (SLEX) to the North Luzon Expressway (NLEX).
The Facts
In his petition,3 Torrecampo narrated that his constituents approached him on 30 June 2009 to report that personnel
and heavy equipment from the DPWH entered a portion of Barangay Matandang Balara to implement the C5 Road
Extension Project over Lot Nos. 42A4, 42A6 and 42A4.4 Torrecampo alleged that if the MWSS and the DPWH
are allowed to continue and complete the C5 Road Extension Project within Barangay Matandang Balara, three
aqueducts of the MWSS which supply water to eight million Metro Manila residents will be put at great risk.
Torrecampo insisted that the RIPADA area, consisting of Pook Ricarte, Pook Polaris and Pook Dagohoy, located in
Barangay University of the Philippines (UP), Diliman, Quezon City, is a better alternative to subject lots.
Torrecampo filed the present petition on 1 July 2009, the very next day after the DPWH’s entry. We considered the
allegations and the issues in the petition and required respondents to comment thereon. We also issued a status
quo order, effective from 1 July 2009 and continuing until further orders. We set the urgent application for exparte
temporary restraining order and/or writ of preliminary injunction for hearing on 6 July 2009.5
Pertinent portions of the resolution which summarized the hearing read:
Atty. Alfredo L. Villamor, Jr. avers that the instant petition for injunction seeks to enjoin the
implementation of the DPWH C5 Road Extension Project to connect the South Luzon Expressway
(SLEX) to the North Luzon Expressway (NLEX), alleging that the project would result to grave injustice
and irreparable injury to petitioner and the eight million residents of Metro Manila considering that the
impending DPWH road project includes the portion known as "Tandang Sora Section" located within
petitioner’s barangay, underneath which are the aqueducts supplying water to eight million residents of
Metro Manila, which aqueducts might be damaged and thus imperil and disrupt water supply to all
Metro Manila residents; that the petition raises the fundamental right to health under Sec. 15, Art. II of
the 1987 Constitution; and that this petition for injunction has to be filed directly with the Supreme Court
rather than with the lower court, pursuant to Section 3 of R.A. 8975 "An Act to Ensure the Expeditious
Implementation and Completion of Government Infrastructure Projects by Prohibiting Lower Courts
from Issuing Temporary Restraining Orders, Preliminary Injunctions or Preliminary Mandatory
Injunctions, Providing Penalties for Violations."
Assistant Solicitor General Eric Remegio Panga, lead counsel for respondent DPWH, asserts among
others, that petitioner’s case does not fall within the exception cited in R.A. 8975 and that under the
principle of hierarchy of courts, the petition should have been filed with the Regional Trial Court. Said
counsel likewise clarified that the proposed C5 Road Expansion Project shall not be undertaken
pending completion by the DPWH of studies and tests on the safety concerns, including the
determination of the existence and actual location of the aqueducts in the area.
Atty. Alberto C. Agra for respondent MWSS finds as premature the filing of the petition for injunction as
there is yet no road expansion project to be implemented; that the project as conceived has yet to pass
prior review by the MWSS after submission by the DPWH of a detailed study as to actual engineering
design and actual tests for the conduct of any construction work; that the entry of DPWH in the area is
to conduct study on the soil and on the location of the aqueducts; and that under the premises, there is
yet no justiciable controversy as alleged by petitioner.6
After the respective counsels presented their arguments and answered queries from the members of the Court, we
resolved to require all parties to submit their memoranda within ten days from the hearing. We also deliberated on
the prayer for a temporary restraining order, and resolved to lift the status quo order of 1 July 2009 considering that
no grave injustice or irreparable injury would arise.
In their memorandum,7 the MWSS and Allado, through the OGCC, explained the purpose of the MWSS and its
participation in the C5 Road Extension Project. Under Republic Act No. 6234 (the MWSS Charter), the MWSS
owns and has jurisdiction, supervision and control over all waterworks and sewerage systems within the
development path of the expanding Metro Manila area, Rizal province, and a portion of Cavite province.8 The
MWSS installed three subterrain aqueducts that connect raw water from the La Mesa Dam to the Balara Filtration
Plant located in Barangay Matandang Balara, Diliman, Quezon City. Portions of these aqueducts are located
underneath Commonwealth Avenue in Quezon City, and are buried in varying depths because of the uneven
surface of Quezon City’s landscape.
Presidential Proclamation No. 1395 (PP 1395), issued by then President Gloria MacapagalArroyo on 25 September
2007, declared and reserved certain parcels of land of the RIPADA area for two purposes:
1. As an access highway for the new road alignment of the C5 [Road] Extension Project that will connect the
NLEX and SLEX with an area of THIRTY SEVEN THOUSAND EIGHT HUNDRED TWENTY (37,820)
SQUARE METERS, more or less.
2. As housing facilities for deserving and bonafide occupants, to include those active and retired UP
employees presently residing in the said communities with an area of FORTY SIX THOUSAND FIVE
HUNDRED SIXTY THREE (46,563) SQUARE METERS, more or less.9
The land reserved by PP 1395 has a total area of 84,383 square meters, and is bounded by University Valley
Subdivision on the North, Katipunan Avenue on the South, Tandang Sora Avenue on the East, and Dagohoy Street
on the West. Lot 42C8B has an area of 37,820 square meters, while Lot 42C8C has an area of 46,563 square
meters. PP 1395 directed the Metropolitan Manila Development Authority (MMDA), under the direct supervision of
the Office of the President, to coordinate with DPWH for detailed engineering plans and designs for the access
highway as well as with the Land Registration Authority and Land Management Bureau of the Department of
Environment and Natural Resources for a comprehensive development plan for housing facilities for the affected
families in the areas.10 At the time of issuance of PP 1395, MWSS did not have any participation in the C5
Extension Project.
On 3 December 2007, then MMDA Chairperson Bayani F. Fernando (Chairperson Fernando) wrote to then MWSS
Administrator Lorenzo H. Jamora and proposed the utilization of certain MWSS properties for constructing Medium
Rise Buildings (MRBs) for the affected families who will be displaced by the C5 Road Extension Project.11
The Board of Trustees of the MWSS, in a meeting held on 19 June 2008, resolved to uphold the position of the
MWSS management that the MWSS could not accede to Chairperson Fernando’s request. Portions of Resolution
No. 2008120 read:
WHEREAS, Lot 42B2A consisting of 9,018.20 square meters, more or less, is one of the operational
facilities turned over to [Manila Water Company, Inc.] MWCI. Three (3) main aqueducts [two1575 mm.
diameter Reinforced Concrete Pipes – AQ1 and AQ2 (constructed in 1928 and 1955, respectively), and
one 2010 mm. Reinforced Concrete Pipe, Hexagonal] conveying raw water from La Mesa Dam to
Balara Treatment Plants are located underneath the subject area. The 60meter wide ROW was
designed to provide enough space for the rehabilitation, upgrading, and maintenance of the aqueducts
which have been in existence for more than 50 years, and maintenance thereof has to be undertaken
to ensure sustainability of water supply. The area should also be insulated from disruptions and
disturbances such as increased traffic, construction activities, and heavy loadings, as the subject areas
were not technically designed to withstand such dynamic activities. Technically, the integrity of the
pipes underneath is compromised in cases of heavy loadings;
WHEREAS, Lot 42A6 consisting of an area of 2,026.50 square meters, more or less, is an extension
of the abovementioned property and for the same reasons, the same should remain free from
disruptions and disturbances;
WHEREAS, Lot 42A3 with an area of 15,647.60 square meters, more or less, located in front of
MWSS complex is now developed as part of the C5 road extension project;
WHEREAS, Lot 42A4 with an area of 47,655.70 square meters, more or less, is an extension of the
C5 road extension project;
WHEREAS, that parcel of land from the aggregate Lot 2 as shown in subdivision Plan PCS8245
covered by TCT No. 80123 consisting of 8,414.71 square meters, more or less, is located within the
MWSS Balara Complex and serves as a buffer zone of the chlorine house and other water facilities
comprising the Balara Treatment Plant No. 1.
x x x
WHEREFORE, on motion made by Trustee Reyes and duly seconded by Trustee Dumlao, BE IT
RESOLVED, as it is hereby resolved, to UPHOLD the position of Management that it cannot accede to
the segregation of the aforementioned parcels of land of the MWSS in Barangay Balara, Quezon City
for the housing program of families affected by the C5 Road Extension Project (NLEXSLEX
Connection). The aqueduct [RightofWay] ROW must be retained/exclusively used for the proposed
rehabilitation/upgrading works of the three (3) aqueducts by MWCI programmed from 2008 and beyond
given the fact that the ages or economic life of the same are nearly reached and/or future
improvements considering the increase of population of Metro Manila.12
Between 3 December 2007 and 20 June 2008, there were correspondences between Atty. Rowena Turingan
Sanchez (Atty. TuringanSanchez), Director IV of the Office of the President and Administrator Allado of the
MWSS;13 between MMDA Chairperson Fernando and Executive Secretary Eduardo Ermita (Exec. Sec. Ermita);14
between Leonor C. Cleofas, Deputy Administrator of the MWSS’ Operations Department, and Vicente Elefante,
Manager of the Property Management Department of the MWSS;15 and between the Board of Directors of the
MWSS and the Chairperson of the MMDA on one hand, and Exec. Sec. Ermita on the other.16 All these
correspondences referred to the segregation of MWSSowned lots for the construction of MRBs for those affected
by the C5 Road Extension Project.
On 12 March 2009, MWSS issued Board Resolution No. 2009052 and allowed DPWH to use the 60 Meter Rightof
Way for preliminary studies in the implementation of the C5 Road Extension Project. The Resolution reads:
Subject to the prior review by Management of the road construction design and the opinion of the OGCC
approving the use of the rightofway (ROW), as recommended by Management and the joint Board
Committees on Concession, Monitoring and Construction Management, RESOLVED, as it is hereby resolved,
to allow the use by the Department of Public Works and Highways of the MWSS BalaraLa Mesa aqueduct
ROW, including the area of the Capitol Golf Course consisting of 93,941 square meters, for the
implementation of the Katipunan/Tandang Sora Segment Circumferential Road 5 Project.17
DPWH entered the said properties of the MWSS on 30 June 2009 to conduct the necessary complete study and
detailed design of the C5 Road Extension Project, including test pitting and geothermal profiling.
In their memorandum,18 DPWH, through the Office of the Solicitor General (OSG), stated that to execute the
Magsaysay Avenue – Congressional Avenue segment of the C5 Road Extension Project, the DPWH will follow the
direction of the existing Katipunan Avenue – Tandang Sora Avenue road connection. A portion of Tandang Sora
road, from Magsaysay Avenue to Damayan Road, will be widened to attain a 30meter road width, allowing three
lanes per direction. The roadwidening aspect of the abovementioned portion of the project affects Lots 42A4 and
42B2A of the MWSS. A portion of Lot 42B2A was occupied by the Capitol Hills Golf & Country Club until the
early part of July 2009, when the MWSS allowed DPWH’s entry pursuant to Board Resolution No. 2009052.
The Issues
Torrecampo raises only one issue: Whether respondents should be enjoined from commencing with and
implementing the C5 Road Extension Project along Tandang Sora Road, affecting MWSS’ properties. Torrecampo
argues that (1) he has the legal standing to file the present suit; (2) only the Supreme Court may issue a restraining
order and/or writ of preliminary injunction against government projects, according to the exception in Section 3 of
R.A. 8975; (3) the present suit is not premature; and (4) the implementation of the C5 Road Extension Project
violates and defeats the purpose of R.A. 8975 unless it is enjoined.
The MWSS seeks the dismissal of Torrecampo’s petition on the following grounds: (1) the petition does not present
a justiciable matter that requires the Court to exercise its power of judicial review; (2) the petition failed to allege
Torrecampo’s right that warrants the issuance of an injunction under R.A. 8975; and (3) Torrecampo failed to
exhaust administrative remedies.
The DPWH also limits the issue to Torrecampo’s entitlement to an injunctive writ. The DPWH argues that: (1)
Torrecampo violated the doctrine of hierarchy of courts; (2) MWSS did not object to DPWH’s proposed project on
the alleged ground that the project would destroy the aqueducts; (3) there is no credible proof that the project is
implemented in the RIPADA area; (4) the alignment in the RIPADA area is more difficult to undertake compared to
the DPWH alignment; (5) the petition cannot be a valid class suit because Torrecampo failed to show proof that he
represents the interest of eight million residents of Metro Manila; (6) the petition is not a valid taxpayer’s suit as
there is yet no project to speak of; (7) the DPWH’s determination of the location of the project in accordance with its
specialized skills and technical expertise should be accorded with finality and respect; (8) Torrecampo is not entitled
to the issuance of an injunctive writ; and (9) Torrecampo has no cause of action.
The Court’s Ruling
The petition must fail. Torrecampo is not entitled to an injunction. Torrecampo seeks judicial review of a question of
Executive policy, a matter outside this Court’s jurisdiction. Torrecampo failed to show that respondents committed
grave abuse of discretion that would warrant the exercise of this Court’s extraordinary certiorari power.
Judicial Review of a Question of Executive Policy
At the outset, we declare that Torrecampo seeks judicial review of a question of Executive policy, and quotes the
Constitution as a thin veil for his weak arguments.
Torrecampo asserts that "[t]he right of the eight million residents of Metro Manila to clean and potable water is
greatly put at risk x x x"19 and alleges that the MWSS and the DPWH violate Section 16, Article II20 and Section 6,
Article XII21 of the Constitution should they choose to proceed with the C5 Road Extension Project using MWSS’
properties instead of the RIPADA area. These issues, however, are "dependent upon the wisdom, not legality, of a
particular measure."22 Under the guise of the relative importance of the rights of a lesser number of motorists to a
wider road visavis the rights of some eight million residents of Metro Manila to clean and potable water,
Torrecampo wants this Court to determine whether the Tandang Sora area is a better alternative to the
RIPADA area for the C5 Road Extension Project.
Despite the definition of judicial power under Section 1, Article VIII of the Constitution,23 an inquiry on issues raised
by Torrecampo would delve into matters that are exclusively within the wisdom of the Executive branch. The
possibility of judicial interference, as well as the speculative nature of the present petition, was clearly shown during
the oral arguments:
JUSTICE CARPIO:
Ok, so, is it the province of this Court to tell the DPWH that [it] should construct the road not in the Ripada
area but here in the Tandang Sora area. Do we have that jurisdiction?
Atty. Villamor24:
No, Your Honor. Maybe what your jurisdiction is to stop or enjoin the DPWH from constructing the DPWH and
the Honorable Court need not direct it, or not direct the DPWH to instead construct the Ripada area because
it is already an ongoing concern Your Honor.
JUSTICE CARPIO:
Is that our duty or that’s the duty of the President to tell the DPWH Secretary, don’t waste our money, we have
already the road on this Ripada side...
Atty. Villamor:
It can be the duty of the President Your Honor, but the petitioner here Your Honor...
JUSTICE CARPIO:
Did you go to the President and ask the President to tell the DPWH Secretary not to waste the taxpayers’
money?
Atty. Villamor:
No, the point Your Honor, the petitioner here is a lowly Barangay Captain...
JUSTICE CARPIO:
Yes, but you can also go to the President if you think that there is a waste of funds by the DPWH Secretary?
Atty. Villamor:
We did not contemplate of [sic] that possibility Your Honor.
JUSTICE CARPIO:
You should go to the superior first of the Department Secretary, ask the President. We are not the overseer of
the President in terms of Executive functions here.
Atty. Villamor:
Yes, but that is wanting. Maybe the Court is trying to say that we should have exhausted...
JUSTICE CARPIO:
Ok, do you know if the plan of DPWH includes fortifications of the aqueducts [so] that x x x the integrity will
not suffer if there is a road over it?
Atty. Villamor:
We do not know, Your Honor.
JUSTICE CARPIO:
You do not know?
Atty. Villamor:
Yes, Your Honor.
JUSTICE CARPIO:
So, it could be possible that they included that in their plans?
Atty. Villamor:
Well, Your Honors, as I have said Your Honor, apart from the fact that aqueducts will be put in danger, there is
an ongoing Government project, Your Honor.
JUSTICE CARPIO:
So, do you agree with me that it is possible x x x the DPWH did x x x make plans for remedial measures, so
it’s possible that they in fact made remedial measures?
Atty. Villamor:
Yes, that’s possible, Your Honor.
JUSTICE CARPIO:
Ok. You are coming here and you are alleging so many factual issues that hundreds of millions of pesos have
already been disbursed?
Atty. Villamor:
Yes, Your Honor.
JUSTICE CARPIO
What are your supporting papers on this?
Atty. Villamor:
The SARO that I have just shown, Your Honor.
JUSTICE CARPIO:
Yes, the SARO doesn’t mean actual expenditure, there has to be a contract and the payments must have
been made. There are so many SAROs floating around and not a single centavo has been spent.
Atty. Villamor:
I’m not saying by virtue of the SARO, Your Honor, moneys have been spent, what I’m saying is that by virtue
of that SARO the project is being implemented and being pushed through by the MMDA, Your Honor.25
The OGCC, in its presentation of the case for MWSS during the oral arguments, further explained the nature
of DPWH’s entry into MWSS’ premises:
Atty. Agra:
x x x
MWSS Board of Trustees, mindful of its mandate under its Charter, issued Resolution No. 2009052 on March
12, 2009. The MWSS Board resolved to allow the use by the Department of Public Works and Highways of
the MWSS Balara, La Mesa aqueducts’ Right of Way for the implementation of the KatipunanTandang Sora
segment circumferential road [extension] project. However, as pointed out by counsel, the implementation of
the Resolution, is subject to two conditions precedent: (1) prior review by management of MWSS of the road
construction design, and (2) opinion from the Office of the Government Corporate Counsel approving the use
of the Right of Way. To date, the conditions have not been complied with, simply because no road
construction design has been prepared and submitted to the MWSS management for consideration. The
objective, therefore, of the entry into the MWSS property last week is two (2) fold. First, the purpose of the
entry is to fence off, clear, segregate and secure the property in order that DPWH can conduct the necessary
complete study and detailed design of the proposed road extension project. The study includes test pitting
and geotechnical profiling. The results of the study will show the condition and location of the aqueducts, the
condition and classification of the soil, the requirements to protect the aqueducts, assuming that the detailed
design is approved by the MWSS. Second reason, the entry is simply an act of the ownership of the MWSS
over its property along Tandang Sora. The lease contract with Capitol Golf expired in 2005. And therefore,
with or without the road extension project, the property should be fenced off. In sum, no approval of the road
extension project has been made by the MWSS since no study has been submitted to it.
MWSS recognizes the existence of two plans concerning the extension of the C5. The other plan referred to
in the petition as the better alternative is being pursued by the Metropolitan Manila Development Authority.
The proposed road shall traverse Pook Ricarte, Pook Polaris and Dagohoy, which is referred to as the
Ripada, within the University of the Philippines. An integral part of the project per Proclamation 1395, is the
proposed construction of mediumrise buildings within the University of the Philippines. Therefore, Your
Honors, under Proclamation 1395, MWSS has no role, there is no aqueduct that would be affected by this
proposed project under Proclamation No. 1395. However, in a proposed proclamation which would effectively
amend Proclamation No. 1395, the proposed relocation site of the bonafide residents of the University of the
Philippines shall be within MWSS property along Tandang Sora. This is the subject of the petition. The letter
of Administrator Diosdado Allado dated June 20, 2008, which is attached to the petition as Annex "B," was
written in connection with the proposed proclamation not in connection with Proclamation No. 1395. The
proposed proclamation again pertains to the proposed relocation of UP residents within the MWSS property,
in connection with the proposed C5 project being carried out by MMDA. The first paragraph of the letter was
conveniently omitted by petitioner in his discussion. Because the first paragraph of the letter puts into context
the objections of the MWSS. What petitioner projects is that the objections of the MWSS pertains to the road
extension project while in truth and in fact the letter referred, signed by Mr. Allado, the Administrator of the
MWSS, refers to the objections not on the the proposed road widening project, but on the proposed housing
project. The objections of the MWSS of any disruption or any disturbance on the aqueducts are confined to
the proposed construction of mediumrise buildings that will be constructed on top of the aqueducts. Thus,
MWSS is not objecting to any proposed extension road project on top of the aqueducts. At this point MWSS
cannot object or concur with any road project since no comprehensive study has been made and has been
submitted to the MWSS for its approval.
Further, it would be erroneous to automatically assume that any road above the aqueducts would necessarily
impair or compromise the integrity of the aqueducts. At present, as pointed out by the Office of the Solicitor
General, there are portions of the aqueducts which are under Commonwealth Avenue, Luzon Avenue and
Tandang Sora. The aqueducts to this day are intact and serve the water needs of the 8 million residents of
Metro Manila.26
The determination of where, as between two possible routes, to construct a road extension is obviously not within
the province of this Court. Such determination belongs to the Executive branch. Moreover, in this case the DPWH
still has to conduct the proper study to determine whether a road can be safely constructed on land beneath which
runs the aqueducts. Without such study, the MWSS, which owns the land, cannot decide whether to allow the
DPWH to construct the road. Absent such DPWH study and MWSS decision, no grave abuse of discretion
amounting to lack of jurisdiction can be alleged against or attributed to respondents warranting the exercise of this
Court’s extraordinary certiorari power.27
Indeed, for the above reason alone, Torrecampo’s petition must fail. There is no need to further discuss the other
lawphi1
issues raised by the parties.
WHEREFORE, we DENY the petition filed by Barangay Captain Beda Torrecampo. No pronouncement as to costs.
SO ORDERED.
ANTONIO T. CARPIO
Associate Justice
WE CONCUR:
ANTONIO EDUARDO B. NACHURA
Associate Justice
DIOSDADO M. PERALTA ROBERTO A. ABAD
Associate Justice Associate Justice
JOSE C. MENDOZA
Associate Justice
A T T E S T A T I O N
I attest that the conclusions in the above Decision had been reached in consultation before the case was assigned
to the writer of the opinion of the Court’s Division.
ANTONIO T. CARPIO
Associate Justice
Chairperson
C E R T I F I C A T I O N
Pursuant to Section 13, Article VIII of the Constitution, and the Division Chairperson’s Attestation, I certify that the
conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of
the opinion of the Court’s Division.
RENATO C. CORONA
Chief Justice
Footnotes
1 Pursuant to Republic Act No. 8975 (R.A. 8975), An Act to Ensure the Expeditious Implementation and
Completion of Government Infrastructure Projects by Prohibiting Lower Courts from Issuing Temporary
Restraining Orders, Preliminary Injunctions or Preliminary Mandatory Injunctions, Providing Penalties for
Violations Thereof, and for Other Purposes.
2 Lot Nos. 42B2A, 42A6 and 42A4 are also referred to as the "Tandang Sora section" in various
submissions to the present case. In paragraph 8 under Statement of Relevant Facts of his petition,
Torrecampo specified Lot Nos. "42A4, 42A6 and 42A4" as the portions of Barangay Matandang Balara
entered into by the DPWH. However, in paragraph 1 under Prayer of his petition, Torrecampo asked that
respondents be restrained from implementing the C5 Road Extension Project over "Lot Nos. 42B2A, 42A
6, [and] 42A24." Rollo, pp. 14, 18.
3 Rollo, pp. 320.
4 See note 2.
5 The following appeared for the parties during the 6 July 2009 hearing:
(a) Atty. Alfredo L. Villamor, Jr. as counsel for Torrecampo;
(b) Atty. Alberto C. Agra and Atty. Ma. Victoria Sardillo of the Office of the Government Corporate
Counsel (OGCC) for MWSS and Allado; and
(c) Asst. Solicitor General Eric Remegio Panga, Asst. Solicitor General Bernard Hernandez, Senior
State Solicitor Nyriam Susan Hernandez, State Solicitor Walter Junia, Associate Solicitor Victor Nicasio
Torres and Associate Solicitor Karla Moraleda for DPWH and Ebdane.
6 Rollo, pp. 5657.
7 Id. at 123181.
8 Section 2(c) of the MWSS Charter enumerated the following areas: the cities of Manila, Pasay, Quezon,
Cavite and Caloocan and the municipalities of Antipolo, Cainta, Las Piñas, Makati, Malabon, Mandaluyong,
Marikina, Montalban, Navotas, Parañaque, Pasig, Pateros, San Juan, San Mateo, Taguig, Taytay, all of Rizal
Province, the municipalities of Bacoor, Imus, Kawit, Noveleta, Rosario, all of Cavite province and Valenzuela,
Bulacan.
9 Rollo, p. 32.
10 This portion of PP 1395 reads:
Specifically, the METROPOLITAN MANILA DEVELOPMENT AUTHORITY, pursuant to its mandated
functions on transport and traffic management, and the development of shelter and housing facilities
among others, in the delivery of metrowide services as specified in Items (b) and (e) of R.A. 7924, and
being the Regional Development Council in NCR per Executive Order 113, is hereby tasked to perform
and execute the following activities under the direct supervision of the OFFICE OF THE PRESIDENT,
to ensure the effective and efficient implementation of this Proclamation, stated to wit:
1. Preparation of Detailed Engineering Plans and Designs for the construction of the access highway
for the new road alignment of the C5 Extension Project in coordination with the Department of Public
Works and Highways (DPWH).
2. Preparation of a Comprehensive Development Plan for housing facilities for the affected families of
the areas. MMDA is authorized to tap and solicit the assistance and support services of concerned
government agencies to implement the total development of the areas, including the conduct of
parcellary and topographic surveys in coordination with the Land Registration Authority and Land
Management Bureau, DENR.
3. Formulation, adoption and implementation of guidelines, rules and regulations pertaining to land
disposition such as qualifications of beneficiaries, lot pricing, financing scheme, awarding of lots and
facilities, required financial plans, and other related procedures.
4. Any and all proceeds to be generated from the land disposition shall accrue and be utilized for the
development and general welfare of the community and of the University of the Philippines.
11 Rollo, p. 183.
12 Id. at 184186.
13 Id. at 2223, dated 20 June 2008; id. at 187, dated 28 April 2008.
14 Id. at 188, dated 22 April 2008.
15 Id. at 193, dated 13 May 2008.
16 Id. at 194196, dated 26 May 2008.
17 Id. at 251.
18 Id. at 258300.
19 Id. at 16.
20 The State shall protect the right of the people to a balanced and healthful ecology in accord with the
rhythm and harmony of nature.
21 The use of property bears a social function, and all economic agents shall contribute to the common good.
Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall
have the right to own, establish and operate economic enterprises, subject to the duty of the State to promote
distributive justice and to intervene when the common good so demands.
22 Tañada and Macapagal v. Cuenco, 103 Phil. 1051, 1067 (1957). In summarizing the definition of the term,
"political question," Justice Concepcion wrote: "In short, the term ‘political question’ connotes, in legal
parlance, what it means in ordinary parlance, namely, a question of policy. In other words, in the language of
Corpus Juris Secundum, it refers to ‘those questions which, under the Constitution, are to be decided by the
people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the
Legislature or executive branch of the Government.’ It is concerned with issues dependent upon the wisdom,
not legality, of a particular measure." (Italics in the original)
23 The second paragraph of Section 1, Article VIII of the Constitution reads: "Judicial power includes the duty
of the court of justice to settle actual controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or instrumentality of the Government."
24 Counsel for petitioner Torrecampo. See note 5.
25 TSN, 6 July 2009, pp. 7176.
26 Id. at 105110.
27 See note 23.
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