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Sept. 12, 2002,: Republic of The Philippines v. City of Davao, G.R. No. 148622

The City of Davao applied for a Certificate of Non-Coverage for its proposed sports dome project from the Environmental Management Bureau, which denied it on grounds that the project was in an environmentally critical area requiring an Environmental Compliance Certificate instead. The city filed a petition that was granted by the trial court, but the EMB appealed. The Supreme Court ruled that local governments fall under the scope of the Environmental Impact Assessment system. The Court found that under the Local Government Code and Presidential Decree 1586, local government units have a duty to ensure environmental quality and are considered juridical persons covered by requirements to obtain clearance for projects in environmentally critical areas.

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88 views1 page

Sept. 12, 2002,: Republic of The Philippines v. City of Davao, G.R. No. 148622

The City of Davao applied for a Certificate of Non-Coverage for its proposed sports dome project from the Environmental Management Bureau, which denied it on grounds that the project was in an environmentally critical area requiring an Environmental Compliance Certificate instead. The city filed a petition that was granted by the trial court, but the EMB appealed. The Supreme Court ruled that local governments fall under the scope of the Environmental Impact Assessment system. The Court found that under the Local Government Code and Presidential Decree 1586, local government units have a duty to ensure environmental quality and are considered juridical persons covered by requirements to obtain clearance for projects in environmentally critical areas.

Uploaded by

Bingoheart
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Republic of the Philippines v. City of Davao, G.R. No.

148622,
Sept. 12, 2002,

Facts: The City of Davao filed an application with the Environmental Management Bureau
(EMB) for a Certificate of Non-Coverage (CNC) for its proposed project, the Davao City Artica
Sports Dome. The EMB denied the application on the ground that the proposed project was
within an environmentally critical area and thus, the City of Davao should secure an
Environmental Compliance Certificate (ECC) instead of a CNC. The City of Davao filed a petition
for mandamus and injunction alleging that “its proposed project was neither an
environmentally critical project nor within an environmentally critical area, thus, it was outside
the scope of the [Environmental Impact Assessment] system.” The City of Davao argued that it
was the ministerial duty of the EMB to issue the CNC after the submission of the required
documents. The trial court granted the petition and issued a writ of mandamus compelling the
EMB to issue a CNC. The trial court also ruled that a local government unit (LGU) is not covered
under the EIS system. “The petitioners in this case filed a motion for reconsideration, which was
denied. Hence, they filed a petition for review.

Issue: Whether local governments are covered under the EIS system.

Ruling: Yes, local governments are within the scope of the EIS system. Although the petition has
been rendered moot and academic by virtue of a change of administration which filed a
manifestation agreeing with the petitioner, the Court continued to decide the case. The Court
ruled that local governments are within the scope of the EIS System. Section 16 of the Local
Government Code provides that it is the duty of the LGUs to promote the peoples’ right to a
balanced ecology. “Pursuant to this, an LGU, like the City of Davao, can not claim exemption
from the coverage of [the EIS system]. As a body politic endowed with governmental functions,
an LGU has the duty to ensure the quality of the environment, which is the very same objective
of [the EIS
system].”
Furthermore, Section 4 of PD No. 1586 provides that “no person, partnership or corporation
shall undertake
or operate any such declared environmentally critical project or area without first securing an
Environmental
Compliance Certificate issued by the President or his duly authorized representative. The Civil
Code defines a
person as either natural or juridical. The State and its political subdivisions, i.e., the local
government units are
juridical persons. Undoubtedly therefore, local government units are not excluded from the
coverage of PD
No. 1586.”as required by the Local Government Code.3chanrobleslaw

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