LAGUNA LAKE DEVELOPMENT AUTHORITY

vs. COURT OF APPEALS, HON. MANUEL JN. SERAPIO, HON. MACARIO A. ASISTIO, JR. and/or THE CITY
GOVERNMENT OF CALOOCAN
G.R. No. 110120
March 16, 1994

FACTS:
The City Gov't of Caloocan disposed approx. 350 tons of garbage daily in Tala Estate, Brgy.
Camarin against the wishes of the local residents
Task Force Camarin Dumpsite of Our Lady of Lourdes Parish filed a complaint with the Laguna
Lake Development Authority (LLDA) to end the operation of the dumpsite, because of the
dumpsites harmful effects on the health of the residents and the possibility of pollution of the
water content of the surrounding area
investigation of the LLDA found that the City Govt of Caloocan was maintaining the dumpsite
without a legally required Environmental Compliance Certificate (ECC); LLDA issued a Cease
and Desist Order
Operation of the dumpsite stopped for a few months but resumed again, and LLDA re-issued a
Cease and Desist Order
In September of 1992, The City Govt of Caloocan filed a petition seeking to be declared the
sole authority empowered to promote the health and safety and enhance the right of the
people in Caloocan City to a balanced ecology within its territorial jurisdiction
Trial court and the C.A. granted the City Govt of Caloocan this order and ruled that the LLDA
had no power and authority to issue a cease and desist order enjoining the dumping of
garbage
LLDA appealed to the Supreme Court

LAW/S:
RA No. 4850 as amended by PD No. 813 and EO No. 927
Granted administrative quasi-judicial functions to LLDA on pollution abatement case
authorizes the LLDA to "make, alter or modify order requiring the discontinuance or
pollution
Explicitly authorizes the LLDA to make whatever order may be necessary in the exercise
of its jurisdiction.

ISSUE/S:
Whether or not the LLDA have the power and authority to issue a "cease and desist" order under
Republic Act No. 4850 and its amendatory laws, on the basis of the facts presented in this case

RULING:
YES, LLDA HAS POWER
RA No. 4850 as amended, authorizes the LLDA to make, alter or modify order requiring
the discontinuance or pollution
While the LLDA was not expressly granted a power to make ex parte Cease and Desist
Orders, such a power was necessarily implied from its broad powers to make orders
stopping pollution

NOTE:
Philippines is party to the Universal Declaration of Human Rights and the Alma Conference
Declaration of 1978 which recognize health as a fundamental human right
Article II, section16 of the Constitution guaranteed a right to a balanced and healthful ecology
in accord with the rhythm and harmony of nature, and that there was a declared state policy
to protect and promote the right to health
Art. II, Section 15, 1987 Constitution "to protect and promote the right to health of the people
and instill health consciousness among them."