By ALMA B. SINUMLAG
LA TRINIDAD, Benguet — In the cry for environmental justice, communities affected by the collapse of the Baguio City’s dumpsite and concerned individual citizens petition for the writ of Kalikasan and a writ of Continuing Mandamus with prayer for temporary environmental protection order (TEPO) against the City.
The petition was filed on December 15, 2011, assigned docket number 199486 before the Supreme Court.
As a result of the series of consultations held in Tuba, Benguet, petitioners decided to file for the mentioned writs to achieve justice for the victims in an environment disaster brought by a trashslide on August 27 during the wrath of typhoon Mina last year that buried six people alive, swept and destroyed homes, and the widespread pollution of their water sources.
Petitioners include: Congressman Ronald Cosalan, Benedicto Cabrera (BenCab) with residence in Asin Road, Tuba, Benguet, Provincial Boardmember, Johnny Waguis, Leonardo Taganas of Irisan Dumpsite, Pedro Buyagao, Mike Bunnol, Erlinda Soriano, Elisa Mariano, and Hilario Palos all residents of Sito Cinco of Barangay Tadiangan, Tuba, Benguet, and Vice Mayor Eric Sibuma of Aringay La Union with the members of the Sangguniang Bayan of the said town namely Charlie Cirilito Juloya, Benjamin Sibuma, Emelio Roland Yaranon, Teresita Garcia, Vito Balangue, and Romeo Cariño.
The respondents of the petition are Mayor Mauricio Domogan, Baguio City represented by Domogan, Vice Mayor Daniel Fariñas with all the members of the Sangguniang Panlalawigan, City Solid Waste Management Board chaired by the Mayor, City Environment and Parks Management Office (CEPMO) represented by Cordelia Lacsamana and the Department of Environment and Natural Resources (DENR).
“The tragedy of the trashslide cuts deeper than the cruel physical scar that continues to be visible up to the present day. There is a clear, present and continuing danger to the constitutional and statutory rights of the petitioners and other citizens and residents in the City of Baguio, Province of La Union and Province of Benguet, to a balance and healthful ecology,” the petition read.
Moreover, the petition stated that the tragedy was a predictable disaster that was waiting to happen. “It can never be said that the tragedy was an act of God that was unexpected or unavoidable,” it further stated. As a proof, as early as March 7, 2007, former city councilor Galo Weygan in a letter to one of the respondents predicted that “the mountain of waste overlooking the creek below within Asin Barangay is imminent danger of eroding or crushing down anytime when it is triggered by strong rain or water current”.
It also mandated the city government in the said letter to take immediate action necessary to minimize an undesirable event to happen.
However, the petition said that it was not sincerely heeded by the city government.
Basis of the petition
The grounds of the petition as it explained were city government’s violation of the provisions of the R.A. 9003 otherwise known as the Ecological Solid Waste Management Program being primarily responsible for the implementation and enforcement of the said act pursuant to the Local Government Code. Also, in the Clean Water Act, LGUs it has the responsibility in the management and improvement of water quality within their territorial jurisdictions.
Moreover, according to the petition the city violated the mandatory implementation of Section 17 (h) and Section 37 of the said law that prohibits open and controlled dumpsites after five years from the implementation of the Republic Act.
Also, the petition mentioned that the DENR under Section 8 of the R.A. 9003 is mandated to enforce and ensure strict compliance to the provisions. It is also the lead agency responsible for the implementation and enforcement of the Clean Water Act.
Further, the petition showed that years back, there had been agreements to stop dumping in the said dumpsite with the affected residents near the site and communities downstream because the garbage leachate continues to pollute their common water sources.
However, the commitments made to the residents of Irisan and Tadiangan were betrayed by the city. This, according to the petition, is an open and blatant violation of law with total disregard for the lives, safety, security, sanitation and welfare of the petitioners and those that they represent.
Days before the tragedy, the petitioners observed signs that the retaining wall will give up. Among the signs were horizontal and vertical cracks and slight bulging of the middle portion indicating that the wastes materials being backfilled by CEPMO “exceeded the staked-out height limit”.
On the other hand, affidavits were attached to the petition that the communities of Irisan and Tadiangan, Tuba have since 1990s suffered the ill effects of the odor emitted by the dump.
“There had been an observed increase in respiratory-related and skin-related illnesses in the communities peripheral to the dumpsite,” the petition added.
Further, the petition claims that the respondents have demonstrated their failure to immediatley act on the total closure of the dump as begged for by the affected residents.
The respondents according to the petition relied on “hauling trash to the nearby towns and provinces which has caused alarm, protest and uproar from the residents” and operation of two extravagant and unreliable ERS machines.
Also, the continued operation of the Irisan as an open dump as the petition claims is unconstitutional and illegal “and presents a clear and present danger that lives will be lost, health will be destroyed and environment damage would continue with another trashslides that will be brought by saturation in the next rainy season”.
Petitioners’ prayer
Because of the said danger and imminent future threats due to the continued operation of the dump site, the petitioners pray for the issuance of TEPO to order the city government to cease and desist from utilizing the said dump while waiting for the final issuance of the SC of its judgment granting the privelege of the writ of Kalikasan and writ of Continuing Mandamus.
If the writ of Kalikasan be granted, petitioners asked for a commanding relief making the TEPO permanent; directing the respondents specifically the city officials to protect, preserve, rehabilitate and restore the environmental and physical conditions of the Irisan dumpsite; direct the respondents to come up with a comprehensive rehabilitation program of the communities affected by the August 27 tragedy; removal of the garbage from the dumpsite to prevent further pollution on water sources; survey on the impact of the trashslide to environment and health; complete rehabilitation of contaminated water sources; the respondents should designate a body to implement the rehabilitation program in coordination with the municipalities of Tuba, and Aringay, La Union which will be monitored by an independent body composed of residents, non-government organizations and civic organizations.
Moreover, if the writ of Continuing Mandamus be granted, the respondents are to pay the damages sustained by the petitioners and the communities they represent. #
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