Tomas takes appeal on landfill to SC

Following the denial of their motion for reconsideration in the lower court, Cebu City Mayor Tomas Osmeña is asking the Supreme Court (SC) to set aside the order of the Nineteenth Division of the Court of Appeals (CA) on the closure of Inayawan Sanitary Landfill.

Osmeña, through the City Legal Office, filed a petition for review on certiorari before the SC, citing three factors why the SC should reverse the lower court’s decision.

The City wants that decision dated December 15, 2016 that granted the Writ of Kalikasan filed by Councilor Joel Garganera and the resolution dated March 14, 2017 that denied their motion for reconsideration from CA to be set aside.

In their petition, the City said the perceived threats to the environment with the continued operation of the landfill do not justify its immediate closure.

Osmeña said the City has faithfully complied with the decision of CA to cease-and-desist from dumping garbage or solid waste in the landfill.

“To endanger the well-being of its constituency is the last thing this City administration will do. The City is at the forefront of environmental protection as evidenced by the recently bestowed (recognition) by the Department of Environment and Natural Resources (DENR) for the City’s exemplary performance for environmental governance,” the petition reads.

The City also said that the 30- day notice required for citizens suit under Republic Act (RA) 9003 and RA 8749 was not followed.