CA stops LLDA takeover of Taguig firm

MANILA, Philippines — The Court of Appeals (CA) has ordered the Laguna Lake Development Authority (LLDA) to vacate and return a lakeside property in Taguig City to solid waste contractor IPM Construction and Development Corp.

In a recently issued resolution, the CA has barred the LLDA from “interfering, dispossessing and intruding” with IPM’s right over the property until the final resolution of the case.

In June, the LLDA seized control of the 22-hectare property IPM leased for its garbage transfer station and materials recovery facility along C6 Road.

LLDA claimed that IPM, the authorized garbage contractor of Taguig City, is engaged in garbage dumping and illegal reclamation on the shores of Laguna de Bay.

IPM has welcomed the injunction order and maintained it has not violated environmental laws and that the operation of its materials recovery facility and transfer station is covered by required permits and licenses.

“The LLDA itself, in a cease and desist order (CDO) issued in June, did not make any findings as to the alleged dumping of garbage in the C6 area occupied by us. There is also no backfilling nor reclamation going on in IPM’s property,” the company said.

IPM emphasized that the LLDA cannot use the CDO as a cover to land-grab, adding that its CA petition puts the spotlight on whether the LLDA has the power and authority to seize and take over their property.

“We questioned LLDA’s jurisdiction because our leased property is titled under the Torrens System, which the LLDA cannot collaterally attack by simply claiming that it is part of the shore land and forcibly ousting us,” IPM said.

The LLDA had earlier claimed that monitoring conducted showed poor quality in the surrounding areas of the company, exceeding the guidelines in terms of inorganic phosphate, ammonia and fecal coliform while below the minimum limit for dissolved oxygen. LLDA said IPM was dumping waste materials in the shoreland area and reclaiming portions of the Laguna Lake, a violation of the Clean Water Act and the Solid Waste Management Act.

Laguna Lake supplies close to 40 percent of the fish requirements of Metro Manila.