Osmeña v. Garganera on garbage management

The recent move to reopen the Inayawan landfill to replace the Binaliw landfill should remind us about the constant balancing act of governance between development and environment. Just like the Monterrazas issue, the Mananga problem, and what happened in Liloan causing loss of multiple lives and millions worth of property, we should remember how the government and people should make decisions with far-reaching consequences.

In the coming Bar examinations, a question may be asked either in Political Law or in Remedial Law on the issue of garbage collection, transmission, storage, and disposition. The Binaliw landfill disaster caught the attention of the whole nation and has revived the interest of pro-environmental advocates.

Thus, we invite your attention to GR no 321164, the case of Mayor Tomas Osmeña in his capacity as Cebu City mayor v. Joel Garganera, on behalf of the people of the cities of Cebu and Talisay and future generations. This was decided on March 20, 2018, by the Supreme Court en banc with no dissenting opinion.

Associate Noel Gimenez-Tijam was assigned to write the decision. All the justices concurred, including Carpio, Velasco Jr., Leonardo-de Castro, Peralta, Bersamin, Del Castillo, Perlas-Bernabe, Leonen, Jardeleza, Caguioa, Martirez, Reyes, and Gesmundo. Chief Justice Sereno was on leave.

On April 6,1993, the DENR granted the Inayawan landfill area of Cebu City the green light to use as a garbage disposal area. In 2011, the Sangguniang Panlungsod of Cebu City by a resolution, and then Mayor Mike Rama by executive order, resolved to close the landfill area. In 2016, the mayor, Tomas Osmeña sought to reopen the Inayawan landfill area. In July 2016, acting mayor Margot Osmeña reopened it.

On September 16, Joel Garganera filed the petition which was granted by the Court of Appeals. The appellate court forthwith issued a Writ of Kalikasan ordering Mayor Osmeña to cease and permanently stop using the Inayawan landfill area. Mayor Osmeña petitioned the Supreme Court for review on certiorari, seeking the nullification of the Court of Appeals decision in favor of Garganera and the people and future generations.

The Supreme Court decided against Mayor Osmeña and in favor of Garganera. The Court declared that the Inayawan landfill had violated the criteria specified by the DENR as to the proper garbage collection and treatment, as it adversely affected the regular water quality monitoring as well as gas emissions. Further, at that time, the landfill had already been converted to a dumpsite operation despite the fact that its design was for a landfill. Such was a violation of Section 17 of RA 9003 which explicitly prohibits open dumps as final disposal sites.

The Supreme Court affirmed the findings of the appellate court on the magnitude of the environmental damage brought about by the pollution caused by the Inayawan landfill not just on the residents of Cebu City but also of Talisay City. The Supreme Court declared that the potential environmental harm was beyond calculation as they were far-reaching and of such huge negative implications. The High Court, in effect, upheld the decision of the Rama administration, and reversed the Osmeña decision.

Justice Gimenez-Tijam concluded his ponencia thus: "Lastly, as much as this Court recognizes the parties' good intention and sympathize with the dilemma of Mayor Osmeña or the City Government in looking for its final disposal site, considering the garbage daily disposal of 600 tons generated by the city and its duty to provide basic services and facilities of garbage collection and disposal system."

Finaly, the conclusion made by the highest court of the land left no doubt: "We agree with the appellate court that the continued operation of the Inayawan landfill poses a serious and pressing danger to the environment that could result in injurious consequences to the health and lives of the nearby residents, thereby warranting the issuance of a writ of kalikasan."

We call upon the honorable Joel Garganera, one of our best advocates for the environment, to file another petition for a writ of kalikasan with the proper court, and be ready to raise another issue with the Supreme Court. We also call on City Mayor Nestor Archival, Vice Mayor Tomas Osmeña and the members of the sanggunian to reflect deeply on the implications of their decision on this matter.

In the coming Bar exams, a question about Binaliw and Inayawan will most probably be among the problems to be solved by the future lawyers of the land.