REPUBLIC OF THE PHILIPPINES represented by DENR SEC. HEHERSON ALVAREZ, et al. vs.

CITY OF DAVAO and MAYOR BENJAMIN DE GUZMAN

SEPTEMBER 12, 2002 – YNARES-SANTIAGO, J.

FACTS:

 R45 petition
 8/11/2000 – R filed an application for Certificate of Non-Coverage (CNC) for its project,
the Davao City Artica Sports Dome, with the Environmental Management Bureau (EMB),
Region XI.
 Attached were the required documents like detailed map of site, certification that the
project is not in an environmentally critical area or ECA.
 EMB denied. Site within ECA. Davao must undergo the environmental impact assessment
(EIA) process to secure an Environmental Compliance Certificate (ECC).
 Davao filed petition for mandamus and injunction with RTC Davao. Said not within ECA.
Ministerial duty of DENR through EMB to issue the CNC.
 RTC ruled in favor of Davao. Nothing in PD 1586, in relation to PD 1151 which requires
LGUs to comply with EIS Law. Only agencies and instrumentalities of the government,
GOCCs, private corporations/entities are mandated to go through such. LGUs are not
agencies or instrumentalities of the National Government so excluded. Site was also not
an ECA. MR denied.
 Change in administration brought R to file a manifestation agreeing with DENR that ECC
is needed. Moot but decided to educate the bench and the bar.

ISSUE:

1. WoN LGUs are under EIS Law. YES

2. WoN ECC is necessary. NO

HELD:

1.

 LGC – defined an LGU as a body politic and corporate endowed with powers to be
exercised by it in conformity with law. As such, it performs dual functions, governmental
and proprietary. Governmental functions are those that concern the health, safety and
the advancement of the public good or welfare as affecting the public generally.
Proprietary functions are those that seek to obtain special corporate benefits or earn
pecuniary profit and intended for private advantage and benefit
 When exercising governmental powers and performing governmental duties, an LGU is
an agency of the national government. When engaged in corporate activities, it acts as
an agent of the community in the administration of local affairs.
  LGC Sec. 16 - duty of the LGUs to promote the people's right to a balanced ecology.
Cannot be exempted because it is a body politic endowed with governmental functions.
Must perform duty.
 Sec. 4 of PD 1586 also says that "no person, partnership or corporation shall undertake
or operate any such declared environmentally critical project or area without first
securing an Environmental Compliance Certificate issued by the President or his duly
authorized representative.” LGUs are juridical persons. Not excluded. LGUs are also part
of the machinery of government.

2.

 Here, R has shown that the dome will not have a significant negative environmental
impact because it is not an environmentally critical project and it is not located in an
environmentally critical area
 SC cannot disregard factual findings of TC unless it falls under exceptions. This case does
not fall under any of the exceptions.
 DENR has no choice but to issue CNC. It is its ministerial duty. Mandamus is proper.

DECISION:

Petition denied.