Republic of the Philippines

Court of Appeals
Manila

FORMER SPECIAL SIXTH DIVISION

CONGRESSMAN RONALD M. CA-G. R. SP NO. 00006

COSALAN, BENEDICTO R.
CABRERA (BENCAB), BENGUET
BOARD MEMBER JOHNNY D. Members:
WAGUIS, LEONARDO
TAGANAS, PEDRO B. CARANDANG, J.,
BUYAGAO, MIKE BUNNOL, Chairperson,
*
ERLINDA V. SORIANO, ELISA H. DIMAAMPAO, and
MARIANO, HILARIO L. PALOS, ROSARIO, JJ.
AND VICE MAYOR ERIC O.
SIBUMA OF ARINGAY, LA
UNION, AND THE MEMBERS OF
THE SANGGUNIANG BAYAN OF
ARINGAY, LA UNION, NAMELY: Promulgated:
CHARLIE CIRILITO C. JULOYA,
BENJAMIN O. SIBUMA, EMELIO August 10, 2012
ROLAND S. YARANON,
TERESITA O. GARCIA, VITO D.
BALANGUE, ROMEO B. CARINO,
GENOVEVA L. OBRA,
VICTORIANO C. BATARIO,
RAMON B. MEDRIANO AND
MICHAEL FRANCIS B. SIBUMA,
Petitioners,

- versus -

HON. BAGUIO CITY MAYOR

MAURICIO G. DOMOGAN, THE
CITY OF BAGUIO, HEREIN ALSO
REPRESENTED BY HON.
MAYOR MAURICIO G.
DOMOGAN, HON. DANIEL T.
*
Vice J. Bueser who inhibited, per Raffle dated 21 March 2012.
CA-G.R. SP NO. 00006
CONSENT DECREE 2

FARINAS (AS CITY VICE MAYOR

AND PRESIDING OFFICER OF
THE SANGGUNIANG
PANLUNGSOD), SANGGUNIANG
PANLUNGSOD MEMBERS,
NAMELY: NICASIO M. ALIPING,
JR., BETTY LOURDES F.
TABANDA, ISABELO B.
COSALAN, ELMER O. DATUIN,
PETER C. FIANZA, EDISON R.
BILOG, RICHARD A. CARINO,
PERLITA L. CHAN-RONDEZ,
FRED L. BAGBAGEN, ERDOLFO
V. BALAJADIA, PHILIAN LOUISE
C. WEYGAN-ALLAN, NICASIO S.
PALAGANAS, AND JOEL A.
ALANGSAB, THE CITY SOLID
WASTE MANAGEMENT BOARD
REPRESENTED BY HON.
MAURICIO G. DOMOGAN AS
CHAIR, AND CEPMO (CITY
ENVIRONMENT & PARKS
MANAGEMENT OFFICE),
REPRESENTED BY CORDELIA
LACSAMANA, AND THE
DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES (DENR),
Respondents
x-----------------------------------------------------------------------------------------x

CONSENT DECREE

ROSARIO, J.:

The case before Us is a Petition for Writ of Kalikasan and Writ of

CA-G.R. SP NO. 00006
CONSENT DECREE 3

Continuing Mandamus filed by petitioners before the Supreme Court on

15 December 2011 and docketed therein as G.R. No. 199486.

On 17 January 2012, the Honorable Supreme Court issued a

resolution en banc, to wit:

x-x-x. Acting on the Petition for Writ of Kalikasan

and Writ of Continuing Mandamus with Prayer for a
Temporary Environmental Protection Order, the Court
Resolved to:

(a) REQUIRE the respondents to COMMENT

on the petition within ten (10) days from notice hereof;

(b) ISSUE a WRIT OF KALIKASAN and a

TEMPORARY ENVIRONMENTAL PROTECTION
ORDER against the respondents;

(c) REFER the case to the Court of Appeals

for acceptance of the comment and return of the writ and
for hearing, reception of evidence and rendition of
judgment;

(d) ORDER the respondents to make a

VERIFIED RETURN of the Writ of Kalikasan before the
Court of Appeals within a NON-EXTENDIBLE period of
ten (10) days from receipt hereof as provided in Section
8, Rule 7 of The Rules of Procedure for Environmental
Cases; and

(e) ORDER the respondents to cease and

desist from making use of the Irisan dumpsite either as a
temporary holding/staging area or as a dumping or
controlled area for any and all kinds of solid waste. 1

The petition alleges, among others, that:

1
Rollo, pp. 167-168.
CA-G.R. SP NO. 00006
CONSENT DECREE 4

An ugly physical scar now mar(s) the face of the

City of Baguio, the erstwhile Summer Capital of the
Philippines.

As an immediate result of the disaster of the

Baguio 'TRASHSLIDE" of August 27, 2011, six (6)
persons, three (3) of whom were minors, were buried
alive. Numerous houses were swept away and
destroyed, with their owners rendered homeless.
Garbage, waste and its toxic by-products and
derivatives, as well as polluted water and other objects,
were strewn upon public thoroughfares, river and
waterways, water sources and supplies and also into
inhabited houses;

But the tragedy of the TRASHSLIDE cuts deeper

than the cruel physical scar that continues to the present
day to be visible to the naked eye. There is a clear,
present and continuing danger to the constitutional and
statutory rights of the petitioners and other citizens and
residents in the City of Baguio, Province of Benguet and
Province of La Union to "a balanced and healthful
ecology."

There is also a need to immediately address and

seek redress against the continuing ecological threat,
danger and prejudice to them and the generations that
would come after them in a manner that is "simplified,
speedy and inexpensive;

It can never be said that the tragedy of August 27,

2011 was an "Act of God" that was unexpected or
unavoidable. It was a predictable disaster that was
waiting to happen. That it would happen was a certainty.
The only question was - WHEN?;

As early as March 7, 2007, former Baguio City

Councilor GALO D. WEYGAN, in a letter to one of the
herein respondents already warned and predicted:

x-x-x the mountain of waste

overlooking the creek below within the Asin
Barangay is in IMMINENT DANGER OF
CA-G.R. SP NO. 00006
CONSENT DECREE 5

ERODING OR CRUSHING DOWN ANYTIME

WHEN IT IS TRIGGERED BY STRONG
RAIN AND WATER or any earth movement
underneath like in the case of an earthquake
or underground water.

We are therefore RAISING THE

WARNING OF AN IMMINENT DANGER OF
ANOTHER PAYATAS THAT CAN HAPPEN
IN BAGUIO which we would like to let all the
officials of the city to know and to do
something IMMEDIATELY to undertake all
necessary mitigating measures to minimize
the happening of the undesirable event which
no single person can be made responsible.

x-x-x

The prophetic warning was not seriously,

sincerely nor effectively heeded. Government
callousness, neglect, inefficiency and insensitivity
resulted in a tragedy that was so accurately predicted
four (4) years before;

Something must be done now and done

decisively and in a continuing, permanent and long-term
manner;

It is providential that a year before the Baguio

TRASHSLIDE, this Honorable Supreme Court issued
A.M. No. 09-6-8-SC (The Rules of Procedure for
Environmental Cases), made effective on April 29, 2010,
and thus providing for a prompt and specific legal
remedy for serious ecological and enviromental threats
and tragedies such as the subject of the case at bar;

Hence, this PETITION."2

After the submission by respondents City of Baguio and its

officials of their Comment/Return3 on 3 February 2012; Manifestation
2
Rollo, pp. 4-6.
3
Id., pp. 447-486.
CA-G.R. SP NO. 00006
CONSENT DECREE 6

(in Lieu of Comment)4 on 6 February 2012 by respondent Department

of Environment and Natural Resources (DENR), through the Office of
the Solicitor General (OSG); and DENR's Return of the Writ5 on 7
February 2012, this Court set the instant petition for preliminary
conference on 23 March 2012. On said date, however, the parties
filed a Joint Motion to Reset6 on the ground that the parties have prior
commitments of equal importance. In a resolution7 dated 30 March
2012, this Court granted the motion and reset the preliminary
conference to 4 May 2012, as prayed for by the parties.

During the preliminary conference on 4 May 2012, Attys.

Pablito Sanidad, Sr., Francisca M. Claver and Joris-Karl Dacawi
appeared for petitioners. On the other hand, Atty. James Lee
Cundangan of the Office of the Solicitor General (OSG) entered his
appearance as counsel for respondents, together with Atty. Roel
Vincent Castro, who represented the DENR, and Attys. Melchor
Carlos R. Rabanes and Isagani S. Liporada for the City of Baguio.
Respondents manifested that they are not opposing the issuance of
the Writ of Kalikasan and given their inclination to explore the
possibility of settlement, the parties agreed to reset the preliminary
conference to 4 June 2012 for the submission of a compromise
agreement. In the same manner, the hearing on 4 June 2012 was
reset, by agreement of the parties, in view of the on-going
4
Id., pp. 172-175.
5
Id., pp. 178-201.
6
Id., pp. 1288-1289.
7
Id., p. 1292.
CA-G.R. SP NO. 00006
CONSENT DECREE 7

negotiations for settlement between them.

Before Us now is the Joint Motion for Rendition of Consent

Decree8 filed on 18 June 2012, informing this Court that the parties
have committed and agreed to settle the instant case amicably and
thereon seek rendition of a Consent Decree pursuant to Rule 3, Sec.
5,9 and Rule 1, Sec. 4(b) 10 of the Rules of Procedure for
Environmental Cases,11 upon the amicable settlement reached by
them.

Finding the terms and conditions embodied in the amicable

settlement submitted by the parties to be in accordance with law,
8
Rollo, p. 1316
9
Sec. 5. Pre-trial conference; consent decree. - The judge shall put the parties and their
counsel under oath, and they shall remain under oath in all pre-trial conferences.
The judge shall exert best efforts to persuade the parties to arrive at a settlement of
the dispute. The judge may issue a consent decree approving the agreement between the
parties in accordance with law, morals, public order and public policy to protect the right of the
people to a balanced and healthful ecology.
x-x-x
10
Sec. 4. Definition of Terms. -
(a) x-x-x
(b) Consent decree refers to a judicially approved settlement between concerned
parties based on public interest and public policy to protect and preserve the environment.
11
A.M. No. 09-6-8-SC, the objectives of which are:

SEC. 3. Objectives. - The objectives of these Rules are:

(a). To protect and advance the constitutional right of the people to a balanced and
healthful ecology;

(b). To provide a simplified, speedy and inexpensive procedure for the enforcement of
environmental rights and duties recognized under the Constitution, existing laws, rules
and regulations, and international agreements;

(c) To introduce and adopt innovations and best practices ensuring the effective
enforcement of remedies and redress for violation of environmental laws; and

(d) To enable the courts to monitor and exact compliance with orders and judgments in
environmental cases.
CA-G.R. SP NO. 00006
CONSENT DECREE 8

morals, public order and public policy, and in order to protect the right
of the people to a balanced and healthful ecology, the Joint Motion
for Rendition of Consent Decree is hereby GRANTED, and the terms
and conditions therein embodied, mutually agreed upon by the
parties, APPROVED.

ACCORDINGLY, it is hereby ADJUDGED, ORDERED AND

DECREED, as follows:

A.

GRANT OF THE PRIVILEGE OF THE WRIT OF

KALIKASAN

I. The privilege of the writ of kalikasan is hereby GRANTED.

The Temporary Environmental Protection Order (TEPO) issued by
the Honorable Supreme Court on January 17, 2012 in G.R. No.
199486 is now DISSOLVED and in lieu thereof, a Writ of
Continuing Mandamus is hereby issued, DIRECTING as follows:

1. That the Irisan Dumpsite at Barangay Irisan,

Baguio City shall be perpetually and permanently closed.
The City Government of Baguio, the respondents and all
those who may hereafter succeed them shall heretofore
cease and desist from utilizing the same as an open or
CA-G.R. SP NO. 00006
CONSENT DECREE 9

controlled dumpsite, or as a holding and/or staging area

and/or for any kind of garbage-related activity;

2. That the City of Baguio, its officials, and all those

who may succeed them shall immediately implement their
announced plan to convert and establish the area of the
Irisan Dumpsite as an environment-friendly Eco-Park and
to cease and desist or refrain from any and all activities
that shall hamper, defeat or contradict said purpose;

3. That the City of Baguio, its officials, and all those

who may hereafter succeed them shall abide by the local
government's declaration of closure of the facility and
thereafter, implement and establish at the soonest
possible time, a waste disposal system at a remote
location which shall not be where the closed Irisan facility
is situated consonant with the provisions of Republic Act
No. 9003, particularly but not limited to Secs. 17 (h), 40,
41 and 42 thereof; and, in the interim, adopt all measures
that shall ensure a clean, sanitary and safe environment
to the residents of the areas affected and its environs;
and, to rehabilitate, clean and vegetate the area and the
mountain slopes to avoid any untoward incidents;

4. Notwithstanding the foregoing, the City

CA-G.R. SP NO. 00006
CONSENT DECREE 10

Government of Baguio shall be allowed to:

a. Implement a rehabilitation plan 12 subject to

approval and further modification by the concerned
national government agencies for purposes of conformity
with relevant environmental laws and this Court.
Implementation shall be completed within a non-
extendible period of twenty (20) months from the grant of
this Consent Decree. It shall be understood, however,
that no further vertical extensions in the retaining wall
included in the aforesaid rehabilitation plan shall be
implemented for purposes of accommodating fresh
garbage;

b. Transfer, maintain, and manage its plant

nursery at the area when the circumstances permit,
considering the implementation of the aforesaid
rehabilitation plan; and

c. Temporarily maintain a motorpool for its empty

garbage collection trucks at the space immediately
fronting the entry point of the former dump facility
consisting of about three thousand (3,000) square
meters, more or less, for a non-extendible period of
twenty (20) months from the grant of this Consent
Decree;

5. That the City of Baguio and its officials and all

those who may succeed them shall abide by and comply
with all their duties under environmental laws, rules and
regulations relevant and pertinent to the use of the closed
Irisan garbage facility and to do all acts "or series of acts"
as shall be necessary until further orders from this Court
and the objectives of this amicable settlement shall have
been fully satisfied;
12
Annexes “1, en seque” to the Joint Motion for Rendition of Consent Decree.
CA-G.R. SP NO. 00006
CONSENT DECREE 11

6. That all the respondents and all those who

may succeed them shall render periodic reports to this
Court on the execution of this Consent Decree based on
the settlement between the parties, until the Orders
contained in this Consent Decree shall have been fully
satisfied;

7. The periodic reports to be submitted by the

respondents shall detail their compliance with this
settlement and the Consent Decree, binding the parties
thereon by submitting partial returns of the writ to this
Court, the first return to be submitted within six (6) months
from the issuance of this Consent Decree and the
following, every six (6) months thereafter until further
Orders from this Court or after a finding that judgment
has been fully implemented;

B.
MONITORING

II. Furthermore, the Department of Environment and Natural

Resources (DENR), all its attached bureaus and agencies and all
such other government entities necessarily involved in securing,
protecting and preserving the environment, are hereby ORDERED:
CA-G.R. SP NO. 00006
CONSENT DECREE 12

1. to strictly monitor compliance by all concerned

with this Consent Decree;

2. to be more proactive, aggressive, and decisive

in the implementation of the laws intended to protect the
environment such as, but not limited to, Republic Act No.
9003 (The Solid Waste Management Act), Republic Act
No. 8749 (The Philippine Clean Air Act); and Republic Act
No. 9275 (The Clean Water Act) and not just to limit itself
to the issuance of occasional updates, reports, reminders
and/or warnings; and

3. to monitor the covenants herewith entered and to

submit a monitoring report within three (3) months from
the issuance of this Consent Decree and every six (6)
months thereafter until further orders from this Court or
after a finding that judgment has been fully implemented.

C.
WAIVERS

III. The parties waive any and all claims that they have
alleged against each other in their pleadings and by
reason of the filing of the instant petition.
CA-G.R. SP NO. 00006
CONSENT DECREE 13

SO ORDERED.

RICARDO R. ROSARIO
Associate Justice

WE CONCUR:

ROSMARI D. CARANDANG JAPAR B. DIMAAMPAO

Associate Justice Associate Justice

CERTIFICATION

Pursuant to Article VIII, Section 13 of the Constitution, it is

hereby certified that the conclusions in the above decision were
reached in consultation before the case was assigned to the writer of
the opinion of the Court.

ROSMARI D. CARANDANG
Chairperson, Former Special 6th Division

RRR/acn