MMDA v.

CONCERNED CITIZENS OF MANILA BAY

G.R. No. 171947
December 18, 2008

Section 17. Upgrading of Water Quality. Where the quality of water has deteriorated to a degree
where its state will adversely affect its best usage, the government agencies concerned shall take
such measures as may be necessary to upgrade the quality of such water to meet the prescribed
water quality standards.

Section 20. Clean-up Operations. It shall be the responsibility of the polluter to contain, remove
and clean up water pollution incidents at his own expense. In case of his failure to do so, the
government agencies concerned shall undertake containment, removal and clean-up operations
and expenses incurred in said operations shall be charged against the persons and/or entities
responsible for such pollution.

FACTS:
1. On January 29, 1999, respondent Concerned Citizens of Manila Bay filed Civil Case No.
1851-99 against several government agencies, including petitioner MMDA
2. Complaint alleged that the water quality of Manila Bay had dropped below the standards
of PD 1152 (Philippine Environment Code) and prayed for its cleanup
3. On September 13, 2002, the Imus RTC decided in favor of petitioners and ordered said
agencies to clean up Manila Bay
a. MMDA was ordered to establish an appropriate landfill and other alternative
disposal systems
4. Aforementioned agencies appealed to the CA, who denied the former on September 28,
2005
5. Petitioners turned to SC, praying for allowance of Rule 45 petition on the following
arguments:
a. Sections 17 and 20 of PD 1152 only apply to specific pollution incidents and not
cleaning in general
b. Cleanup of Manila Bay is not a ministerial act that can be compelled by
mandamus

ISSUES:
1. Whether petitioners can be compelled by mandamus to clean up Manila Bay.
2. Whether Sections 17 and 20 of PD 1152 pertain to a cleanup in general, as opposed to
specific pollution incidents.

HELD:
1. YES.
Although the implementation of a landfill involves decision-making on the part of the
MMDA, its enforcement does not entail discretion. Sec. 3(c) of RA No. 7924 provides that
the MMDA shall establish and operate a sanitary landfill and related facilities. Therefore, the
MMDA’s obligation falls under the definition of a ministerial duty that can be compelled via
mandamus.
2. YES.
Sec. 17 of PD 1152 does not state that government agencies improve water quality in
response to specific pollution incidents. Instead, it mandates them to do so “where the
quality of water has deteriorated to a degree where its state will adversely affect its best
usage”. Furthermore, given the great magnitude and scope of Manila Bay’s pollution, it
would be almost impossible to apprehend all of its polluters. Thus, Sec. 16 of RA 9275,
previously Sec. 20 of PD 1152, covers a general cleanup.