Court of Appeals orders closure of Irisan dump in Baguio

MANILA, Philippines - The Court of Appeals (CA) has ordered the permanent closure of the Irisan dump in Baguio City where six persons died in a trash slide last year.

In a 13-page ruling, the former special sixth division of the appellate court directed the Baguio City government to permanently cease and desist from operating the dump.

It granted the motion for rendition of consent decree submitted by petitioner Benguet Rep. Ronald Cosalan and several other concerned individuals, including national artist for visual arts Benedicto Cabrera and respondents led by Mayor Mauricio Domogan.

In their joint motion, the two parties informed the appellate court that they have agreed to settle the case amicably after the respondents manifested that they are not opposing the issuance of the writ of kalikasan.

The CA noted that it found the terms and conditions embodied in the amicable settlement submitted by the parties in accordance “with law, morals, public order and public policy and in order to protect the right of the people to a balance and healthful ecology.”

“That the city of Baguio, its officials, and all those who may hereafter succeed them shall abide by the local government’s declaration of closure of the facility and thereafter, implement and establish at the soonest possible time, a waste disposal system at a remote location which shall not be where the closed Irisan facility is situated...and, in the interim, adopt all measures that shall ensure a clean, sanitary and safe environment to the residents of the areas affected and its environs,” stated the ruling penned by Associate Justice Ricardo Rosario.

Associate Justices Rosmari Carandang and Japar Dimaampao concurred with the ruling.

The CA ruling, in effect, dissolved the temporary protection order that the Supreme Court issued on Jan. 17.

The appellate court also directed the local officials to comply with its announced plan to convert the dump into an environment-friendly eco-park.

The Baguio City government, the CA said, is mandated to submit report on its compliance with the consent decree within six months from its issuance, and every six months thereafter until the judgment has b een fully implemented

The CA also directed that Department of Environment and Natural Resources (DENR) and its attached agencies and all other concerned government entities involved in securing and protecting the environment to strictly monitor the compliance of the parties with the consent decree.

It said government agencies are also tasked to submit a monitoring report within three months from the issuance of the consent decree.