1. The Dona Petra Subdivision is located at Barangay Concepcion Uno, Marikina City, Metro Manila.

2. Dumping of garbage by the Marikina City government in the Dona Petra Subdivision started roughly August, 1994 and has been going on up to the present where the garbage heap is visible from the Tumana Bridge at Barangay Concepcion Uno.

3. On account of the dumping of garbage in the Dona Petra Subdivision, The Sangguniang Barangay of Concepcion Uno passed Resolution No. 13, S. 1994, dated August 10, 1994, protesting the dumping of garbage in the place, and calling upon the Mayor’s Office and City Council to stop such dumping of garbage. (Annex “A” hereof)

4. The communities adversely affected by such dumping of garbage in the Dona Petra Subdivision are the Twinville Subdivision, Fairlane Subdivision, Grand Villas, Loyola Heights, Majestic Subdivision, Iwahig, Nangka, Balubad, Tumana and Concepcion Uno as a Whole.

5. On August 11, 1994 the Environmental Management Bureau of the DENR sent a fax message to the then Congressman Romeo Candazo informing, among other things, that the garbage dumpsite in Dona Petra Subdivision is a 1.5 hectare dumpsite within Dona Petra where approximately 500 cubic meters of waste/day are dumped; operated like a landfill with garbage being covered by soil and intermittently disinfected by spraying. However, it is unlined. And, it does not have any LLDA clearance. (Annex “B” hereof)

6. On August 18, 1994 the Twinville Homeowners’ Association, Inc. wrote then Metro Manila Authority Chairman Ismael Mathay, Jr., protesting the dumping of garbage in the Dona Petra Subdivision, emphasizing on the serious hazard to the health of the residents. (Annex “C” hereof) On the same date, Twinville Homeonwners’ Association, Inc. sent a letter to the Regional Executive Director of the DENR Carlos T. Tomboc also protesting such dumping of garbage in the subdivision, stressing on the pollution to the Marikina River that such garbage poses if such dumping was not abated. (Annex “C-1” hereof)

7. On August 29, 1994 the Community Environment and Natural Resources Office (North CENRO) conducted an investigation of the garbage dumping at Dona Petra Subdivision and came out with an Investigation Report (Annex “D” hereof) with the following findings, namely:

The garbage dump was about 1 kilometer from the banks of the Marikina River and about 500 meters from Twinville Subdivision.

The main problem arising from this garbage dumping is its impact on air and water environs. The lack of matting would cause the resulting leachate to seep into the ground affecting the water table and when heavy downpour occurs this leachate will be carried in the run-off discharging into the river system.

Likewise, with 20,000 tons of garbage in the area, a methane gas emission of one ton is to be expected, with the corresponding adverse effect on the residents around the area.

8. On September 16, 1994 Twinville Homeowners’ Association, Inc. sent a letter to then Mayor Bayani Fernando expressing grave concern over the continued dumping of garbage in the Dona Petra Subdivision even as it poses serious health hazards to the health of the residents in an around the area. (Annex “E” hereof).

9. Similarly, in 1994 the residents of Dona Petra Subdivision and the members of Twinville Homeowners’ Association, Inc. filed an action with the Laguna Lake Development Authority (LLDA) against the Municipality of Marikina and Mayor Bayani F. Fernando. On May 29, 1995, the LLDA issued a Resolution (Annex “F” hereof) whose dispositive portion reads, thus:

“In the light of the foregoing, a CEASE AND DESIST ORDER is hereby issued against the Municipal Government of Marikina and/or its Municipal Mayor, the Hon. Bayani F. Fernando, their contractors, and all other persons and entities directly involved in the dumping of garbage at the Dona Petra Subdivision dumpsite, to completely halt, stop and desist from further dumping any form of garbage and other waste matter in the area.

“This Order shall be effective immediately upon release hereof.”

“Pursuant to Section 7 and 8 of Presidential Decree No. 984 and Section

4, paragraph 9 of Executive Order N0 927 and Section 38 of the interim Rules and Regulations of LLDA, the Regional Capital Command of the Philippine National Police through the Office of the Regional Director CAPCOM-PNP is hereby deputized to enforce this Order.

“SO ORDERED.”

10. Subsequently, the respondents Municipality of Marikina and Mayor Bayani F. Fernando filed a Motion for Reconsideration. On August 14, 1995, the LLDA issued a Decision denying the respondents’ motion for reconsideration, ordering the respondents to cease and desist from further dumping garbage at Dona Petra Subdivision effective immediately and rehabilitate the area by soil covering. (Annex “G” hereof)

11. On August 25, 1995 the LLDA issued a Cease and Desist Order (Annex “H” hereof), which respondents chose to ignore.

12. Vis-à-vis the denial of their motion for reconsideration, the respondents interposed an appeal from the said resolution and decision of the LLDA to the Department of Environment and Natural Resources. On October 23, 1995 DENR Actg. Secretary Pablo S. Trillana, III issued a Decision affirming the LLDA resolution and decision appealed from (Annex “I” hereof)

13. On November 17, 1995 the LLDA issued an Alias Cease and Desist Order and a Deputation Order deputizing Barangay Chairman of Concepcion Uno Rudy C. Francisco to implement the cease and desist order. (Annexes “J” and “K” hereof). However, nothing came out of these orders. The respondents still continue to dump garbage at Dona Petra Subdivision.

14. On November 10, 1999, the LLDA issued an Order for the issuance of an Alias Cease and Desist Order (Annex “L” hereof) and on the same date an Alias Cease and Desist Order was issued under the signature of Atty. Joaquin G. Mendoza, LLDA General Manager (Annex “L-1” hereof).

15. In August, 2002 the Samahang Kapatiran ng Dona Petra (Kadamay Chapter) issued an open letter to different government offices, media, and the public in general, calling attention and denouncing the continued dumping of garbage by the city government and city mayor at the Dona Petra Subdivision despite the cease and desist orders from the LLDA and the peril such garbage dumping poses on the health and safety of the residents in the area and the pollution to the Marikina River, along with the evident indifference of the city mayor. (Annex “M” hereof)

16. This prompted the LLDA to conduct and inspection and monitoring of the garbage dump. On September 9, 2002 the LLDA came out with an appropriate legal action, stating, among other thing, the following:

“1. The government of Marikina City is violating the Cease and Desist Order issued by the Authority dated November 11, 1995.

“2. The above dumpsite is operating without LLDA Clearance and Permits from the Authority.”

17. On September 20, 2002, the Environmental Management Bureau (DENR) conducted an inspection of the Dona Petra Subdivision Illegal Dumpsite and in its Inspection Report (Annex “O” hereof) the EMB found the following, namely:

“1. The dumpsite is situated in a rear portion of the Marikina Waste Management Facility and within a residential and commercial established 20 years ago. Distance measured from the site is approximately 200 to 250 meters away from Marikina riverbank.”

“2. The area can be reached through Concepcion Uno road entrance of Marikina Waste Management Facility.”

“3.

“4.

“5. It was noted that a diversionary canal was constructed on the area which reproduces leachate that drains towards Marikina River.”

“6. Waste pickers are presently sorting in the disposal area including the installed makeshifts and recycled wastes during the time of inspection.”

“7. The Marikina Waste Management Facility consists of perimeter fencing, a huge segregating machine with a height of 6 meters and several container bins.”

“8. There are LGU personnel present in the area.”

“9. Notably, the open dumping operations lies within a residential areas/industrial establishment and proximate to a perennial river. Flies and foul smell prevails in the site.”

“10. Furthermore, the said dumping area is a private property whose claimants is subject to court verdict.

With the following recommendations, namely:

“In view of the risks inherit to such dumping activity especially to the health of the people living nearby and the environment, it is recommended that the dumping operation be stopped and clean-up and rehabilitation be undertaken. Accordingly, under Section 2 and 2 of the Implementing Rules and Regulations of R.A. 9003, open dumping is strictly prohibited. Furthermore, the city government should be advised to identify an alternative and appropriate location for the disposal site.”

18. Again the Samahang Kapatiran ng Dona Petra (Kadamay Chapter) sent a letter to the National Solid Waste Management Commission (DENR) complaining about the illegal dumping operation by the Marikina City government Dona Petra Subdivision. In response to the said letter, the National Solid Wasted Management Commission (DENR) sent a letter to Ms. Anita M. Paway (Annex “P” hereof) advising that the matter was referred on October 18, 2002 to the Marikina City Mayor Marides Fernando (Annex “P-1” hereof), advising, thus:

“xx xx xx, the said area is not suitable for garbage disposal considering its proximity to the residential and commercial establishments as well as to the Marikina River.”

“xx xx xx, we strongly advise the Honorable Mayor to cease from further dumping in the area and to undertake immediate clean up and rehabilitation measures. Xx xx xx.”

19. In blatant defiance of the LLDA’s Alias Cease and Desist Order, dated November 10, 1999 (Annex “L-1” hereof), and notwithstanding the National Solid Waste Management Commission (DENR) letter to Marikina City Mayor Marides Fernando (Annex “P-1” hereof), the city government of Marikina still continued to operate the said dumpsite. Accordingly, on November 4, 2002 the LLDA issued an Order for the issuance of another Alias Cease and Desist Order (Annex “Q” hereof), which LLDA General Manager Calixto R. Cataquiz has refused to approve. Similarly, on the same date an Alias Cease and Desist Order was issued by the LLDA, however, its General Manager Calixto R. Cataquiz refused to sign it (Annex “Q-1” hereof).

20. Subsequently, the LLDA’s Environmental Impact Assessment and Policy Section of the Pollution Control Division conducted an inspection and monitoring of the Dona Petra Illegal Dumpsite, and came out with an Inspection/Monitoring Report (Annex “R” hereof)

“1. The dumpsite is operating at the time of inspection, Biodegradable waste is dumped directly to the active dumpsite while the recyclable wastes passes through the Material Recovery Facility (MRF) for segregation. The MRF operates for 16 hours daily (2 shifts) and have 16 permanent employees per shift as segregators. As observed, the operation of the MRF is in order.”

“2. According to the contact persons, the dumpsite is exclusively for garbage generated by Marikina City. Daily activity includes the covering of the garbage by earthen materials/soil at the end of the day. However, only the portion of the dumpsite visible from the road was observed to be covered by soil while the portion of the dumpsite facing Marikina River is exposed and remain uncovered. (see picture) Objectionable odor was perceived and swarm of flies was observed at the site. A bulldozer was observed leveling/covering the solid waste with soil and deliveries of truckloads of earthen materials was continuous.”

“3. The dumpsite location with reference to Marikina River varies from 200 meters at the farthest and 100 meters from the nearest (approximate). Provision for an open canal from the dumpsite toward the Marikina River was observed to be in place. Leachate observed to be stagnant and has not reached the river. However, leachate will definitely reach/drain into the river during rains. The dumpsite is not provided with Waste Water Treatment Facilities (WTF). According to the contact person, the Waste Management Office (WMO) of Marikina City planned to install WTF at the site.”

“4. In Brgy. Iwahig, at the southern portion of the dumpsite, no perimeter fence was provided allowing the solid waste to reach the houses of the nearby residents. The presence of stagnant leachate is also observed at their backyard. The dumped garbage is not covered with soil.”

“5. At the western side of the dumpsite facing the Marikina River, the height of the garbage reaches approximately 10 meters and the probability of the garbage mound to collapse is high since the compaction is loose and is not even covered with soil. The presence of scavengers was also observed at the site.”

21. The said report (Annex “R” hereof) made the following significant remarks:

“1. The above dumpsite is operating without valid permit from the Authority. Likewise, the City of Marikina violated the Cease and Desist Order issued by the Authority dated November 11, 1995.”

“2. The Samahang Kapatiran ng Dona Petra with full support of the Sangguniang Barangay of Malanday and other neighboring Barangays has threatened to stage a rally within a week time in front of the General Manager’s Office of the LLDA demanding for an immediate closure of Marikina (Dona Petra) Dumpsite. However, if there is no action taken by the Authority, the rallyists will proceed to Malacanang to demand an immediate action from President Gloria M. Arroyo.”

“3. Based on the letter of National Solid Waste Management Commission, Office of the President of the Philippines addressed to Hon Marides C. Fernando, Mayor, Marikina City, states that among others It was ascertained that the subject area is still being utilized as an open dumpsite by the local government of Marikina . . .(refer to the attached letter)”

22. On January 27, 2003 the Samahang Kapatiran ng Dona Petra, one of the complainants in this case in the LLDA sent its January 22, 2003 letter to DENR Secretary, Hon. Elisea Gozun (Annex “S” hereof), denouncing LLDA Gen. Manager Calixto R. Cataquiz for his failure and refusal to sign the Cease and Desist Order (Annexes “Q” and “Q-1” hereof) and Marikina City Mayor Marides C. Fernando for blatantly violating and defying the LLDA’s November 17, 1995 Cease and Desist Order (Annex “J” hereof).

23. Notwithstanding the foregoing, as of this writing dumping of garbage by the city government still continues to damage and prejudice of the residents of Dona Petra Subdivision and its environs, such as the Twinville Subdivisions, not to mention the pollution to the Marikina River.

24. Futhermore, what is most exasperating for the complainants in this case is the inexplicable failure and refusal of LLDA General Manager Calixto R. Cataquiz to approve the Order for the issuance of a cease and desist order and the Cease and Desist Order (Annexes “Q” and “Q-1” hereof) thereby abetting the illegal dumping of garbage in the Dona Petra Subdivision being perpetrated by the Marikina City Mayor Marides C. Fernando.

Annexes Index