DENR: Not our job to sue violators

CEBU, Philippines - An official of the Department of Environment and Natural Resources (DENR) in Central Visayas yesterday said criminal charges should be filed against local government units (LGUs) and their officials who are not complying with the law on proper waste collection.

“Kon tigre pako karon, gusto nako nga mamaak,” said Engr. Amancio Dongcoy, head of DENR 7’s Solid Waste Management Compliance.

Dongcoy, however, said it is not the job of the DENR officials to file criminal charges against violators of Republic Act 9003.

When The FREEMAN asked whose task it is to sue violators, he said he does not know what government agency should do this, stating that DENR is tasked only to give technical advice.

Dongcoy attended the news forum sponsored by the Philippine Information Agency yesterday.

He said some chief executives of local government units just take the provisions of the Republic Act 9003 or the Ecological Solid Waste Management Act for granted because nobody is filing charges against them for ignoring the 11-year-old law.

Senator Loren Legarda, who authored Republic Act 9003, said concerned private individuals can file complaints against the heads of any local government units who are not complying with the law on proper garbage disposal.

The Ecological Solid Waste Management Act requires proper segregation of wastes before these are dumped into the sanitary landfills, but the provisions of this law has not been fully implemented here in Cebu City particularly the “no segregation, no collection” of garbage.

Section 52 of Republic Act 9003 provides that any citizens may file an appropriate civil, criminal or administrative action before the proper courts or bodies against any persons or department who violates or fails to comply with the provisions of the law.

To encourage private groups or individuals to initiate the filing of charges against the violators, the law provides that private complainants shall be exempted from the payment of the filing fees for their cases.

Dongcoy explained that of all LGUs in Central Visayas, only the municipality of San Francisco in the Camotes group of Islands has “above average” compliance.

The law provides that the segregation of wastes shall be done right at the source of the garbage, meaning at the households or business establishments.

Republic Act 9003 requires that separate containers for each type of waste, biodegradable wastes, non-biodegradable and recyclables, shall be maintained from the source.

The 11-year-old law carries fines and penalties ranging from P300 to P500,000. Violators also face imprisonment of at least one year but not more than three years.

Some of the prohibited acts are the throwing and dumping of waste matters in public places such as roads, sidewalks, canals and parks, and the open burning of solid wastes. — (FREEMAN)