Professional Documents
Culture Documents
*
G.R. No. 148622. September 12, 2002.
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* FIRST DIVISION.
692
YNARES-SANTIAGO, J.:
1
Before us2
is a petition for review on certiorari assailing the
decision dated May 28, 2001 of the Regional Trial Court of
Davao City, Branch 33, which granted the writ of
mandamus and injunction in favor of respondent, the City
of Davao, and against petitioner, the Republic, represented
by the Department of Environment and Natural Resources
(DENR). The trial court also directed petitioner to issue a
Certificate of Non-Coverage in favor of respondent.
The antecedent facts of the case are as follows:
On August 11, 2000, respondent filed an application for
a Certificate of Non-Coverage (CNC) for its proposed
project, the Davao City Artica Sports Dome, with the
Environmental Management Bureau (EMB), Region XI.
Attached to the application were the required documents
for its issuance, namely, a) detailed location map of the
project site; b) brief project description; and c) a
certification from the City Planning and Development
Office that the project is not located in an environmentally
critical area (EGA). The EMB Region XI denied the
application after finding that the proposed project was
within an environmentally critical area and ruled that,
pursuant to Section 2, Presidential Decree No. 1586,
otherwise known as the Environmental Impact Statement
System, in relation to Section 4 of Presidential Decree No.
1151, also known as the Philippine Environment Policy,
the City of Davao must undergo the environmental impact
assessment (EIA) process to secure an Environmental
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693
Costs de oficio. 3
SO ORDERED.
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3 Ibid., p. 42.
694
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695
8
duties, an LGU is an agency of the national government.
When engaged in corporate activities, it acts as an agent
9
of
the community in the administration of local affairs.
Found in Section 16 of the Local Government Code is the
duty of the LGUs 10
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 PD
1586. 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 PD 1586.
Further, it is a rule of statutory construction that every
part of a statute must be interpreted with reference to the
context, i.e., that every part must be considered with other
parts, and 11kept subservient to the general intent of the
enactment. The trial court, in declaring local government
units as exempt from the coverage
12
of the EIS law, failed to
relate Section 2 of PD 1586 to the following provisions of
the same law:
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696
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13 Supra.
14 Administrative Code of 1987, Section 2(3). Local Government refers
to the political subdivisions established by or in accordance with the
Constitution.
15 Civil Code of the Philippines, Book 1, Chapter 3, Art. 44. The
following are juridical persons:
(1) The State and its political subdivisions; x x x
697
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698
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17 MOF Company, Inc. v. Enriquez, G.R. No. 149280, May 9, 2002, 382 SCRA
248.
18 Jacutin v. People of the Philippines, G.R. No. 140604, March 6, 2002, 378
SCRA 453.
19 Herbosa v. Court of Appeals, G.R. No. 119087, January 25, 2002, 374 SCRA
578.
699
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I. Heavy Industries
1. Logging
2. Major wood processing projects
3. Introduction of fauna (exotic-animals) in pub
lic/private forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing
c. Fishery Projects
a. Major dams
b. Major power plants (fossil-fueled, nuclear fueled,
hydroelectric or geothermal)
c. Major reclamation projects
d. Major roads and bridges
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701
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o0o
703
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