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    Technology Vs CA Digest

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    The Acting Mayor ordered the full cessation of operations of Technology Developers Inc.'s charcoal briquette plant due to lack of required permits and pollution concerns from local residents. The company failed to provide the necessary documents, so the mayor padlocked the premises. The lower court and Court of Appeals both ruled that the mayor was authorized to order the closure and did not abuse discretion. The courts found that no mayor's permit was obtained, the plant emitted fumes directly into surrounding houses without proper pollution controls, and the temporary pollution permit had expired. While investment is important, protecting public health from environmental pollution takes precedence.

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    Technology Vs CA Digest

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    adeline_tan_4
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    The Acting Mayor ordered the full cessation of operations of Technology Developers Inc.'s charcoal briquette plant due to lack of required permits and pollution concerns from local residents. The company failed to provide the necessary documents, so the mayor padlocked the premises. The lower court and Court of Appeals both ruled that the mayor was authorized to order the closure and did not abuse discretion. The courts found that no mayor's permit was obtained, the plant emitted fumes directly into surrounding houses without proper pollution controls, and the temporary pollution permit had expired. While investment is important, protecting public health from environmental pollution takes precedence.

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    The Acting Mayor ordered the full cessation of operations of Technology Developers Inc.'s charcoal briquette plant due to lack of required permits and pollution concerns from local residents. The company failed to provide the necessary documents, so the mayor padlocked the premises. The lower court and Court of Appeals both ruled that the mayor was authorized to order the closure and did not abuse discretion. The courts found that no mayor's permit was obtained, the plant emitted fumes directly into surrounding houses without proper pollution controls, and the temporary pollution permit had expired. While investment is important, protecting public health from environmental pollution takes precedence.

    Copyright:

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    Download as docx, pdf, or txt
    1K views2 pages

    Technology Vs CA Digest

    Uploaded by

    adeline_tan_4
    The Acting Mayor ordered the full cessation of operations of Technology Developers Inc.'s charcoal briquette plant due to lack of required permits and pollution concerns from local residents. The company failed to provide the necessary documents, so the mayor padlocked the premises. The lower court and Court of Appeals both ruled that the mayor was authorized to order the closure and did not abuse discretion. The courts found that no mayor's permit was obtained, the plant emitted fumes directly into surrounding houses without proper pollution controls, and the temporary pollution permit had expired. While investment is important, protecting public health from environmental pollution takes precedence.

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    of 2

    Technology vs CA (193 scra 147)

    Facts:

    Technology Developers Inc. is engaged in manufacturing and exporting charcoal briquette. On


    February 16, 1989, they received a letter from respondent Acting Mayor Pablo Cruz, ordering the full
    cessation of the operation of the petitioner’s plant in Sta. Maria, Bulacan. The letter also requested the
    company to show to the office of the mayor some documents, including the Building permit, mayor’s
    permit, and Region III-Pollution of Environmental and Natural Resources Anti-Pollution Permit.

    Since the company failed to comply in bringing the required documents, respondent Acting
    Mayor, without notice, caused the padlock of company’s plant premises, effectively causing stoppage of
    its operation.

    Technology Developers then instituted an action for certiorari, prohiition, mandamus with
    preliminary injuction against respondents, alleging that the closure order was issued in grave abuse of
    discretion. The lower court ruled against the company. The CA affirmed the lower court’s ruling.

    Issue:

    Whether of not the mayor has authority to order the closure of the plant. YES.

    Whether or not the closure order was done with grave abuse of discretion. NO.

    Ruling:

    1. No mayor's permit had been secured. While it is true that the matter of determining
    whether there is a pollution of the environment that requires control if not prohibition of
    the operation of a business is essentially addressed to the then National Pollution Control
    Commission of the Ministry of Human Settlements, now the Environmental Management
    Bureau of the Department of Environment and Natural Resources, it must be recognized
    that the mayor of a town has as much responsibility to protect its inhabitants from
    pollution, and by virture of his police power, he may deny the application for a permit to
    operate a business or otherwise close the same unless appropriate measures are taken to
    control and/or avoid injury to the health of the residents of the community from the
    emissions in the operation of the business.

    2. The Acting Mayor, in the letter, called the attention of petitioner to the pollution emitted by
    the fumes of its plant whose offensive odor "not only pollute the air in the locality but also
    affect the health of the residents in the area," so that petitioner was ordered to stop its
    operation until further orders and it was required to bring the following:

    a. Building permit;

    b. Mayor's permit; and

    c. Region III-Department of Environment and Natural Resources Anti-Pollution permit.


    3. This action of the Acting Mayor was in response to the complaint of the residents of
    Barangay Guyong, Sta. Maria, Bulacan, directed to the Provincial Governor through
    channels.

    4. The closure order of the Acting Mayor was issued only after an investigation was made. It
    found that the fumes emitted by the plant of petitioner goes directly to the surrounding
    houses and that no proper air pollution device has been installed.

    5. Petitioner failed to produce a building permit from the municipality of Sta. Maria, but
    instead presented a building permit issued by an official of Makati.

    6. While petitioner was able to present a temporary permit to operate by the then National
    Pollution Control Commission on December 15, 1987, the permit was good only up to May
    25, 1988. Petitioner had not exerted any effort to extend or validate its permit much less to
    install any device to control the pollution and prevent any hazard to the health of the
    residents of the community.

    Petitioner takes note of the plea of petitioner focusing on its huge investment in this dollar-
    earning industry. It must be stressed however, that concomitant with the need to promote investment
    and contribute to the growth of the economy is the equally essential imperative of protecting the
    health, nay the very lives of the people, from the deleterious effect of the pollution of the environment.

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