CA issues writ, closure order

Osmeña ordered to permanently stop using facility

Court of Appeals (CA) Special 19th Division also orders Cebu City Mayor Tomas Osmeña to continue the rehabilitation of Inayawan landfill Environmental Management Bureau (EMB) of DENR is directed to regularly monitor Cebu City Hall’s compliance with the CA judgment

THE Court of Appeals (CA) Special 19th Division granted the writ of kalikasan and ordered the permanent closure of the Inayawan Sanitary landfill until it is fully rehabilitated.

In its 25-page decision yesterday, the CA ordered Cebu City Mayor Tomas Osmeña to permanently cease and desist from dumping garbage or solid waste at the Inayawan landfill.

Penned by Associate Justice Edgardo L. Delos Santos, the 19th Division chairperson, and concurred by Associate Justices Edward Contreras and Germano Francisco Legaspi, the decision also ordered Osmeña to continue the rehabilitation of the Inayawan landfill.

The Environmental Management Bureau (EMB) of the Department of Environment and Natural Resources (DENR) was directed to regularly monitor the Cebu City Government’s strict compliance with the CA’s judgment.

The EMB-DENR was the corespondent of the case that includes EMB 7 OIC-Director William Cuñado, DENR 7 Director Emma Melana, in representation of DENR Secretary Gina Lopez.

In case of non-compliance, the EMB-DENR is directed to file and/or recommend the filing of appropriate criminal, civil and administrative charges before the proper authorities against the responsible persons.

The EMB-DENR is also ordered to submit to the CA a monthly progress report on the City Government’s compliance until such time that the rehabilitation of Inayawan landfill

is complete and sufficient according to the agency’s standards.

The petition for a writ of kalikasan case was filed by Cebu City Councilor Joel Garganera, for and on his behalf, and in representation of the People of the Cities of Cebu and Talisay, and the future generations, including the unborn.

Garganera prayed for the issuance of a temporary environmental protection order (TEPO) against Osmena and EMBDENR ultimately seeking to enjoin the reopening and operation of the sanitary landfill.

Records show that on April 6, 1993, the DENR issued Environmental Compliance Certificate (ECC) to the Solid Waste Sanitary Landfill Project proposed by the Metro Cebu Development Project Office (MCDPO).

Thereafter, the Inayawan landfill served as the final disposal area for the garbage coming from Cebu City.

However, the landfill was partially closed by then mayor Michael Rama and all wastes from Cebu City were ultimately disposed to a privately operated landfill in Consolacion town.

The landfill was formally closed in 2015 on Rama’s order. The City Council then passed Resolution No. 13-3038-2015 allocating P2.5 million, charge against the Local Disaster Risk Reduction and Management Fund, for the preparation of the closure and rehabilitation plan of the landfill including damage and risk assessment.

But in June 2016, incoming Mayor Osmena sought the temporary reopening of the landfill as stated by then acting mayor Margot Osmena in a letter to Cunado dated June 8, 2016.

In response, Cunado invited Margot to a technical conference. Thereafter, Margot sent another letter to Cunado last June 27 and submitted the City Government’s commitments for the establishment of a new Solid Waste Management System pursuant to Republic Act 9003.

Margot also requested for the issuance of a notice to proceed for the temporary reopening of the landfill.

Cuñado replied to Margot last June 27 and informed her that while EMB had no authority to issue the requested notice, it interposed no objection to the proposed temporary reopening of the landfill provided the City Government will faithfully comply with all its commitments and subject to regular monitoring by EMB.

Thus, in July 2016, the Inayawan landfill was officially opened by Margot.

Subsequently, last Sept. 2, a notice of violation and technical conference was issued by EMB to Mayor Osmeña regarding the operation of the landfill which had violated several ECC conditions set by DENR.

The Department of Health (DOH) issued an inspection report last Sept. 6 recommending the immediately closure of the landfill due to lack of sanitary requirements, environmental, health and community safety issues.

Garganera filed the petition for writ of kalikasan last Sept. 23 asserting that the continued operation of the landfill causes serious environmental damage affecting the residents of Cebu City and Talisay.

Garganera said the landfill operation ultimately threatens and violates their right to a balanced and healthful ecology.

Garganera added that the area identified for the landfill has already outgrown its usefulness and is ill-suited for the purpose based on legal, environmental and socio-cultural grounds in violation of several environmental laws.