CEBU, Philippines — It’s final.
The Cebu City government can no longer dump garbage at the Inayawan Sanitary Landfill after the Supreme Court (SC) issued an entry of judgment making its ruling “final and executory.”
Yesterday, City Councilor Joel Garganera received a copy of the entry of judgment the SC has issued denying the petition for review on certiorari filed by Mayor Tomas Osmeña.
Garganera’s counsel Joel Mangubat Seno said the entry of judgment makes the SC ruling final and executory.
“Final na. The decision of the Court of Appeals was affirmed by the Supreme Court which decision was ordering the respondent mayor to permanently cease and desist katong pag-dump sa garbage sa Inayawan landfill,” Seno told reporters through a phone interview.
The case stemmed from a petition filed by Garganera for the "Writ of Kalikasan" against Osmeña, Engineer William Cunado, officer-in-charge of the Environmental Management Bureau-7; and Emma Melana, chief of the Department of Environment and Natural Resources-7, before the CA.
On December 15, 2016, the CA has granted the Writ of Kalikasan Garganera has filed that prevented the city from dumping its garbage to the landfill.
On March 14, 2017, the CA denied the city’s motion for reconsideration.
With this, Osmeña filed a petition for review on certiorari before the SC to set aside the ruling of the lower court.
But, the SC has affirmed the decision of CA after seeing enough basis to grant the Writ of Kalikasan that was filed by Garganera, who earlier said that continued operation of the landfill causes serious environmental damage that threatens and violates the right of the people to a balanced and healthy ecology.
With the ruling of the court already final and executory, Garganera hoped that the city government will abide by the ruling and follow its orders of rehabilitating the landfill.
Seno said the city government should continue the rehabilitation of the landfill as the DENR will monitor the city’s compliance.
“In case of non-compliance, the DENR- EMB is directed to file criminal charges, civil and administrative before the proper authorities og dili mo-comply,” he added.
Cebu City Environment and Natural Resources Office Head Nida Cabrera, for her part, said the city government will comply with the ruling of the court.
Since the Writ of Kalikasan was issued, she said the city has not used the landfill on December 2016.
“We already complied. Wala gyud mi nigamit. We are now on the rehabilitation of the landfill,” she said, adding that one of the activities for the rehabilitation is the fencing of the landfill. —/GAN (FREEMAN)