Republic of the Philippines v. The City of Davao

FACTS:

Respondent filed an application for a Certificate of Non-Coverage (CNC) for its proposed project, the Davao City Artica Sports Dome, with the Environmental Management Bureau however, was denied on the ground that the proposed project was within an environmentally critical area; that the City of Davao must first undergo the environmental impact assessment (EIA) process to secure an Environmental Compliance Certificate (ECC). Respondent then filed a petition for mandamus with the Regional Trial Court (RTC), and the latter ruled in favor of respondent.

ISSUE:

WON the LGU’s are excluded from the coverage of PD 1586, one which requires an environmental impact assessment (EIA) process to secure an Environmental Compliance Certificate (ECC)

HELD:

No.Section 4 of PD 1586 provides that  "no person, partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his duly authorized representative." We note that LGU’s are juridical persons.

HOWEVER, after consideration of the evidence finding Artica Sports Dome is not within an environmentally critical area neither being a critical project. The said project is not classified as environmentally critical, or within an environmentally critical area. Consequently, the DENR has no choice but to issue the Certificate of Non-Coverage. It becomes its ministerial duty, the performance of which can be compelled by writ of mandamus, such as that issued by the trial court in the case at bar.