Rizal gov, 6 Bulacan mayors face citizens' suit over open dumps

MALOLOS CITY – Rizal Gov. Casimiro Ynares III and six Bulacan mayors are now facing separate citizens’ suits before the Office of the Ombudsman filed by a coalition of environmental advocates due to the continued operation of open dumps in their localities.

Joey Papa, chairman of Bangon Kalikasan Movement, identified the Bulacan mayors as Danilo Domingo of Malolos City, Eduardo Roquero of San Jose del Monte City, Anastacia Vistan of Plaridel town, Edgardo Galvez of San Ildefonso town, Ricardo Silverio of San Rafael town, and Roderick Tiongson of San Miguel town.

“We first served them an ecological notice to inform them of their violation, then we sent a notice to sue as required by law, but still they did not do anything about the open dumps operating in their localities,” Papa said.

He said they would also file similar charges against other Bulacan mayors, as they have already served them an ecological notice and a notice to sue.

Aside from Papa, the other complainants were Elpidio Peria of the Bangon Kalikasan Movement; Dr. Angelina Galang of Miriam College; Victoria Segovia, national coordinator of the Civil Society Council on Sustainable Development; Renato Pineda Jr., president of Concerned Citizens Against Pollution; Ofelia Panganiban, treasurer of the Zero Waste Recycling Movement and auditor of COCAP; Jennifer Corpuz, of TEBTEBBA; Theresa Concepcion, regional director of Earth Island Institute; and Laudemer Mejia of Agham Youth based at the University of the Philippines-Diliman.

In their affidavits, the complainants cited Article 16 of the 1987 Constitution that says, “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”

As representatives of the State and the national government, they said local government units are mandated to afford the people “general hygiene and sanitation, beautification and solid waste collection, and disposal system or environmental management system and services or facilities related to general hygiene and sanitation for municipalities and cities and to promote the general welfare.”

The complainants also cited Chapter III, Article 6, Section 37 of Republic Act 9003, which provides that no open dumps “shall be established and operated, nor any practice or disposal of solid waste by any person, including LGUs, which constitutes the use of open dumps for solid waste, be allowed after the effectivity of this Act.”

RA 9003, or the Ecological Solid Waste Management Act of 2000, provides that within three years after its effectivity, every LGU shall convert its open dumps into controlled dumps, in accordance with the guidelines.

This law also provides that no controlled dumps shall be allowed five years after its effectivity.

Papa said they were forced to file charges against Ynares and the six Bulacan mayors to prevent the situation from becoming “incorrigible.”