The Court of Appeals urged the parties to the petition for a Writ of Kalikasan to submit proposals for a win-win solution to the use of the Inayawan Landfill and deferred the issuance of a protection order while the parties negotiate (CDN PHOTO/JUNJIE MENDOZA).
No Temporary Environmental Protection Order (TEPO) was issued during yesterday’s summary hearing for the application of a TEPO in connection with the Writ of Kalikasan which the Court of Appeals issued for the Inayawan Landfill.
Instead, the Court urged the parties to come up with a win-win solution or an amicable settlement, as Executive Justice Gabriel Ingles stressed the responsibility to protect the environment and the welfare of the people, citing the “precautionary principle” where in case of doubt, the environment should be protected.
“We all agree that fundamentally, we all have the duty to protect the environment,” Justice Ingles said during the hearing. “The best way is for both parties to arrive at a win-win situation.”
Ingles took over Justice Hermano Francisco Legaspi who was on wellness leave.
The CA deferred the issuance of a TEPO to give the parties time to come up with their respective proposals for a possible compromise agreement in order to amicably settle the issue and set October 24 for the resumption of the hearing, when both parties would come up with their respective proposals for a possible settlement.
This is the first Writ of Kalikasan issued in Cebu.
Hearing
The hearing started at 9:30 a.m. and was moved to the library because the courtroom was too small to accommodate the people who attended the hearing.
There were over 20 people who attended the hearing, with three lawyers from the Solicitor General’s Office representing the Department of Environment and Natural Resources and the Environmental Management Bureau.
Cebu City Mayor Tomas Osmeña was represented by City Legal Officer Joseph Bernaldez, while Councilor Joel Garganera, who filed the Petition for a Writ of Kalikasan, was represented by private lawyer Jasper Lucero.
Reporters were allowed to cover the hearing but cameras were not allowed inside the courtroom.
Associate Justice Edgardo Delos Santos enumerated the requirements for the issuance of a TEPO, which are urgency and damage. He then asked the petitioner to present his arguments.
Lucero read his petition and cited several instances which he said, environmental laws were violated.
Bernaldez for his part said it was no longer feasible for the city to continue dumping garbage in a private dumpsite in Consolacion because aside from the high cost involved, there was no contract between the city government and the private dumpsite owner Asian Energy Systems Corp.
Besides, he said the city has been doing mitigating measures to address the violations cited by the EMB and the DENR.
An argument ensued between the parties as to the actual closure of the Inayawan Landfill, which was closed by then mayor Michael Rama in 2015.
According to Bernaldez, there was no legal closure but the city stopped using the landfill.
The court noted political undertones and urged the parties to set aside their political differences for the welfare of the public, especially the affected residents of Cebu City and Talisay City, and look for ways to protect the environment.
Ingles pointed out that a private dumping site in Consolacion town, where the city used to dump its waste, could be the faster solution to the issue because it is already operational, but City Legal Officer Joseph Bernaldez said he will first consult Mayor Osmeña about the proposal.
Bernaldez said the mayor was against the idea of going back to using the Consolacion landfill since the city was paying too much for it.
City Hall’s consultant on the environment, Nida Cabrera, who was assigned by Osmeña to deal with the landfill, affirmed Osmeña’s reservations of going back to using the Consolacion Landfill.
She asked the Court if she could present her PowerPoint presentation, but in the process of setting up the equipment, the hearing continued until it was adjourned, thus she was unable to show her PowerPoint presentation.
Amicable Settlement
The CA suggested a re-negotiation between the Cebu City government and the owner of the Consolacion Landfill for its temporary use while the former is in the process of looking for a permanent alternative solution for the Inayawan Landfill issue.
In an interview after the hearing, Garganera’s lawyer said they will abide by the ruling of the appeals court.
“We will continue with our fight to stand on our fundamental right to a balanced and healthful ecology,” said Lucero.
He said he would discuss with Garganera a proposal for a “win-win solution”.
“We are here for the residents of Cebu,” he said. “We are not personally attacking any public official here. We just want the environmental laws to be followed. We just want the rights of the residents of Cebu and Talisay as well to be protected,” he said.
City Legal Counsel Bernaldez also said they are willing to work out the issue, provided that it has the approval of the mayor.
“There is always that willingness from us to work hand-in-hand with other parties provided that it is acceptable to the mayor,” he said. “Ang mo-decide gyud ani kung unsa’y solution insofar as the city is concerned, ang mayor man gud (In so far as the city is concerned, it is the mayor who will decide.).”
Meanwhile Cabrera said that they are currently preparing to transition the Inayawan Landfill to convert it into a waste processing and recovery facility.
Cabrera pointed out that aside from looking for other potential landfill sites, they are also looking into other waste management technology, including waste-to-energy projects.