Court of Appeals voids Laguna Lake Development Authority order vs Taguig waste contractor

January 21, 2019

THE Court of Appeals has voided the suspension  order issued by the Laguna Lake Development Authority (LLDA) against the solid waste contractor of Taguig Cityfor  alleged illegal reclamation and dumping  in Laguna de Bay. 

The order virtually allows the IPM Construction and Development Corp., the garbage-hauling firm tapped by the government of Taguig, to continue using the lakeside property on C6 Road for its operations. 

In a 19-page decision, the CA granted the petition of IPM and voided the order issued by the LLDA in June last year stopping the operations of the company. 

The CA ruled that the LLDA committed grave abuse of discretion in closing the IPM facility. It found that the order violated the IPM’s right to use the property as it also stopped the other operations of the firm in the facility that have not been found to be illegal. 

The CA also ruled that the indefinite effectivity period of the cease and desist order was contrary to the LLDA Resolution Number 192, which provided for  such order to remain in force only until the company prevented or abated pollution.

“IPM was not using the entire area for the sole purpose of managing and maintaining a Materials Recovery Facility for the local government of Taguig. The lot also served as an office and a staging and storage area for IPM. If it were true that the CDO is aimed only at putting a stop to the illegal activities therein, it should not have ordered the complete stoppage of IPM’s operations and the closure of the entire establishment,” read the ruling penned by Associate Justice Priscilla Baltazar-Padilla.