CA in Cebu Orders Permanent Closure of 15.4-Hectare Cebu City Landfill

The Court of Appeals (CA) Special 19th Division in Cebu City has granted the “writ of kalikasan” and ordered the permanent closure of the Cebu City Government-owned 15.4-hectare Inayawan Sanitary landfill until it is fully rehabilitated.

In its 25-page decision, the CA ordered Cebu City Mayor Tomas Osmeña to permanently cease and desist from dumping garbage or solid waste at the Inayawan landfill.

Penned by Associate Justice Edgardo L. Delos Santos, the 19th Division chairperson, and concurred by Associate Justices Edward Contreras and Germano Francisco Legaspi, the decision also ordered Osmeña to continue the rehabilitation of the Inayawan landfill.

The Environmental Management Bureau (EMB) of the Department of Environment and Natural Resources (DENR) 7 was directed to regularly monitor the Cebu City Government’s strict compliance with the CA’s decision.

The EMB-DENR 7 was the co-respondent of the case that includes EMB 7 OIC-Director William Cuñado, DENR 7 Director Emma Melana, in representation of DENR Secretary Gina Lopez.

In case of non-compliance, the EMB-DENR 7 is directed to file or recommend the filing of appropriate criminal, civil and administrative charges before the proper authorities against the responsible persons.

The EMB-DENR 7 is also ordered to submit to the CA a monthly progress report on the Cebu City Government’s compliance until such time that the rehabilitation of Inayawan landfill is complete and sufficient according to the agency’s standards.

The petition for a writ of kalikasan case was filed by Cebu City Councilor Joel Garganera, for and on his behalf, and in representation of the People of the Cities of Cebu and Talisay, and the future generations, including the unborn.

Garganera prayed for the issuance of a temporary environmental protection order (TEPO) against Osmena and EMB-DENR ultimately seeking to enjoin the reopening and operation of the sanitary landfill.

The landfill, which started operations in 1993, was closed by then mayor Michael Rama in 2015 but was ordered reopened by Osmena in July 2016. (PNA)RMA/EB/RSM