MANILA, Philippines - The Court of Appeals (CA) has approved the establishment of a sanitary landfill in Obando, Bulacan after it dismissed a petition for a writ of kalikasan filed by the residents.
In a decision released last Friday, the appellate court said there is no basis to stop Ecoshield Development Corp. (EDC) from pursuing the Obando landfill project in Barangay Salambao.
EDC is owned by businessman and former ambassador Antonio Cabangon-Chua and his son Edgar.
The petition for a writ of kalikasan was filed by the citizens of Obando, led by a certain Maria Theresa Bondoc.
The CA even lauded the project for being “environmentally safer” than other dumps like the Phileco landfill in Navotas, which has been the subject of a health complaint.
The court gave weight to EDC’s argument that while the proposed Obando landfill is an investment, it would also help address the solid waste management problems in the municipality.
The firm has spent P500 million for the landfill project as of June last year.
The CA said the writ of kalikasan is applicable when a project poses a significant risk to life, health, and property of inhabitants and the environment in two or more cities or provinces.
It said such was not the case with the Obando landfill.
The appellate court said the establishment of a pollution control facility like a landfill should not be postponed, as illegal and indiscriminate dumping pose a threat to the environment.
The ruling, penned by Associate Justice Priscilla Baltazar-Padilla and promulgated last Aug. 29, also said the reclassification of land from agricultural to commercial is valid.
“It should be noted that all of the required documents were submitted and the procedure was substantially complied with,” the CA said, adding the landfill is suited for its location, as it was set up on a body of water that has dried up and the area shored and fenced around.
“One of the reasons the ECC (environmental compliance certificate) was issued in favor of EDC is because the location of the proposed sanitary landfill conforms with the criteria set under Republic Act 9003,” the CA said.