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SC junks group’s motion to cite DENR in contempt over dolomite dumping

THE Supreme Court yesterday denied the motion to intervene filed by Akbayan Citizen’s Action Party in the continuing mandamus case involving Manila Bay.

In a resolution, the high court said the order directing concerned government agencies to ensure the clean-up, rehabilitation and preservation of the Manila Bay is final and executory.

Last September, Akbayan filed a motion for intervention urging the SC to cite the Department of Environment and Natural Resources (DENR) in contempt over the dumping of crushed dolomites along Manila Bay.

Akbayan chair emeritus Etta Rosales, Akbayan Youth chairperson Dr. RJ Naguit, and Akbayan-Manila Youth Leader Rafaela David, asked the high tribunal to declare the dumping as a direct violation of its continuing mandamus judgment in 2008 ordering the DENR and other relevant agencies to protect and clean Manila Bay.

But in a resolution, the SC said the case has been rendered final and executory and that its jurisdiction is limited only to the full implementation of the mandated reliefs.

The Court held that intervention is not a matter of right and that the propriety of an intervention is addressed to the sound discretion of the court.

It added that intervention is not viable where the case has long been concluded with finality and is now on execution albeit still under judicial supervision as a necessary consequence of the standing mandamus for the constant clean-up and maintenance of the bay and its waters.

Also, the high court held that it has not yet found any violation of the continuing mandamus amidst the quarterly reports submitted by the concerned agencies and the on-site ocular inspection conducted by the Manila Bay Advisory Committee (MBAC).

Publication Source :    People's Tonight
Hector Lawas
Court reporter for more than 20 years