SC flip-flops on Payatas dump case

MANILA, Philippines - The Supreme Court (SC) has reversed itself on a writ of kalikasan petition filed by residents of Payatas in Quezon City seeking closure of the sanitary landfill in their community.

After dismissing the petition of the Alyansa ng mga Samahang Nagkakaisa sa Payatas for being incomplete in form and insufficient in substance last March, the high court issued a resolution yesterday reinstating the same petition.

In a four-page resolution promulgated on Sept. 1, the high court issued a writ of kalikasan and ordered the respondents – Quezon City Mayor Herbert Bautista and Department of Environment and Natural Resources-Environmental Management Bureau (DENR-EMB) – to answer the petition of the group led by Leonita Panoy within a non-extendible period of 10 days from receipt of notice.

The high tribunal also referred the case to the Court of Appeals (CA) for hearing and resolution.

The SC issued the new order after granting the motion for reconsideration filed by the petitioners on July 10.

In its earlier ruling, the SC dismissed the petition for being incomplete in form and insufficient in substance.

It had noted that the magnitude of environmental damage required by the Rules on the Writ of Kalikasan, which state that it must affect the life, health or property of residents of two or more cities or provinces, has not been met as no evidence has been shown prima facie to support any such claim of damage.

The high court further stressed in its March decision that “any environmental hazards are brought upon petitioners themselves by their insistence on staying at the location of the proposed landfill expansion.”

Lastly, it cited the lack of affidavits, scientific studies or documentary evidence to support the claimed environmental damage as required under the rules.

The petitioners alleged that the operation of the landfill violates the Republic Act 9003 (Ecological Solid Waste Management Act) and other environmental laws such as the Clean Air Act, Clean Water Act, Toxic Substances and Hazardous and Nuclear Wastes Control Act.

Decrying their right to healthy and livable environment, the residents told the high court that the landfill has been causing them illnesses.

Petitioners, represented by lawyer Howard Calleja, claimed that some of the houses of their members were demolished because of the extension of the landfill area.

They likewise questioned the issuance of a new environmental compliance certificate by the DENR.

They added that the operation of the landfill should have not been allowed in the first place since Payatas is categorized as a residential zone.