Garganera to High Court: Junk Osmeña’s petition

Cebu City Councilor Joel Garganera is asking the Supreme Court (SC) to deny the petition for review Mayor Tomas Osmeña had filed over the closure order of the controversial landfill in Barangay Inayawan.

"(The) issues raised in the Petition for Review are mere repetitions and rehash of petitioner (Osmeña) previous pleadings and there are no new matters that have been passed upon both by rulings of the Appellate Court. Thus, Petition for Review before this Honorable Supreme Court does not warrant any consideration and should be denied outright," his comment reads.

Last May 2, Osmeña elevated the landfill issue before the SC, saying the facility's continued operation did not justify an immediate closure.

In a 32-page position, Garganera said that the SC should uphold the decision of the Court of Appeals (CA) that the continued operation of the landfill violated environmental laws and non-compliance of sanitary requirements.

He mentioned the threats to the environment and health of the residents near the landfill with the continued operation justifies the immediate closure of the facility.

This argument was supported by an approved resolution before the city council on December 14, 2007 stating that the Inayawan landfill was among the identified areas in the city which has high probability of breeding ground for denguecarrying mosquitoes.

Aside from that, on April 15, 2009, the city council declared that the landfill was under a state of calamity due to the continuous burning and emission of smoke which poses environmental and health hazards to its surroundings.

Garganera also attached the findings of the Department of Health-7 last September 06, 2016 detailing that the residents near the area is at high risk of acquiring different types of illness.

The councilor also said the landfill has already "outgrown" its usefulness.

He said even though the construction of the landfill has Environmental Impact Statement (EIS) from the Department of Environment and Natural Resources or the Environmental Management Bureau (EMB)-7, still the area is not suitable for a landfill as stipulated under the Ecological Solid Waste Management Act of 2000.

Garganera said sensitivities of community residents were totally disregarded as the construction and operation of the landfill poses tremendous health hazard to the residents of Barangays Inayawan, Pardo and other neighboring barangays.

"Reopening of the Inayawan landfill failed to properly secure government requirements by dodging a full blown EIS. The city failed to undertake the necessary steps to ensure that all issues concerning the project whether environmental, economic, or socio-cultural are properly ventilated," Garganera's position paper reads.

He said the pieces of evidence he presented with the CA are not hearsay.

To recall, the Writ of Kalikasan petition that Garganera had filed had at least 15 affidavits executed by affected residents and business owners both from Cebu and Talisay Cities.

The affidavits stipulate that they smelled the stench coming from the Inayawan landfill and even noticed the existence of flies.

The other evidence Garganera presented include EMB-7's evaluation report on August 18, 2016, notice of violation issued by EMB-7 on September 2, 2016 and DOH findings signed by Engineer Henry Saludar.

As a closing statement, Garganera told the SC that Osmeña is attempting to "utilize" again the Inayawan landfill by establishing a transfer station inside with an area of at least one hectare, which is in violation of the CA ruling that prohibits any operation in the facility.

On January 27, Osmeñaaffiliated Councilor Eugenio Gabuya Jr. authored an ordinance appropriating one hectare for the establishment of a transfer station at the controversial landfill which is now subject for final deliberation in the city council.

In a separate interview, Osmeña said Garganera seem to have so much interest in using the landfill in Consolacion.

"He seems to be maneuvering for the city to use the Consolacion landfill, which we (have) filed charges because it is anomalous," he told THE FREEMAN.

Last Friday, Osmeña lodged criminal and administrative complaints against former mayor Michael Rama and six others over an alleged anomalous contract on the private landfill at Consolacion.