LLDA vs CA national policy20 of promoting and accelerating the development and balanced

growth of the Laguna Lake area and the surrounding provinces of Rizal and
On March 8, 1991, the Task Force Camarin Dumpsite of Our Lady of Lourdes Laguna and the cities of San Pablo, Manila, Pasay, Quezon and Caloocan 21 with
Parish, Barangay Camarin, Caloocan City, filed a letter-complaint 2 with the due regard and adequate provisions for environmental management and control,
Laguna Lake Development Authority seeking to stop the operation of the 8.6- preservation of the quality of human life and ecological systems, and the
hectare open garbage dumpsite in Tala Estate, Barangay Camarin, Caloocan prevention of undue ecological disturbances, deterioration and pollution. Under
City due to its harmful effects on the health of the residents and the possibility of such a broad grant and power and authority, the LLDA, by virtue of its special
pollution of the water content of the surrounding area. charter, obviously has the responsibility to protect the inhabitants of the Laguna
Lake region from the deleterious effects of pollutants emanating from the
The LLDA conducted an on-site investigation, monitoring and test sampling.. and discharge of wastes from the surrounding areas. In carrying out the
public hearing. aforementioned declared policy, the LLDA is mandated, among others, to pass
upon and approve or disapprove all plans, programs, and projects proposed by
On December 5, 1991, the LLDA issued a Cease and Desist Order 8 ordering the local government offices/agencies within the region, public corporations, and
City Government of Caloocan, Metropolitan Manila Authority, their contractors, private persons or enterprises where such plans, programs and/or projects are
and other entities, to completely halt, stop and desist from dumping any form or related to those of the LLDA for the development of the region. 22
kind of garbage and other waste matter at the Camarin dumpsite.
In the instant case, when the complainant Task Force Camarin Dumpsite of Our
On April 30, 1993, the Court of Appeals promulgated its decision holding that the Lady of Lourdes Parish, Barangay Camarin, Caloocan City, filed its letter-
Laguna Lake Development Authority has no power and authority to issue a cease complaint before the LLDA, the latter's jurisdiction under its charter was validly
and desist order under its enabling law, Republic Act No. 4850, as amended by invoked by complainant on the basis of its allegation that the open dumpsite
P.D. No. 813 and Executive Order No. 927, series of 1983. project of the City Government of Caloocan in Barangay Camarin was
undertaken without a clearance from the LLDA, as required under Section 4, par.
Issues1 (d), of Republic Act. No. 4850, as amended by P.D. No. 813 and Executive Order
Does the Laguna Lake Development Authority, under its Charter and its No. 927. While there is also an allegation that the said project was without an
amendatory laws, have the authority to entertain the complaint against the Environmental Compliance Certificate from the Environmental Management
dumping of garbage in the open dumpsite in Barangay Camarin authorized by Bureau (EMB) of the DENR, the primary jurisdiction of the LLDA over this case
the City Government of Caloocan which is allegedly endangering the health, was recognized by the Environmental Management Bureau of the DENR when
safety, and welfare of the residents therein and the sanitation and quality of the the latter acted as intermediary at the meeting among the representatives of the
water in the area brought about by exposure to pollution caused by such open City Government of Caloocan, Task Force Camarin Dumpsite and LLDA
garbage dumpsite? sometime in July 1992 to discuss the possibility of 
re-opening the open dumpsite.
Ruling 1: Yes
Issue 2
The matter of determining whether there is such pollution of the environment that Does the LLDA have the power and authority to issue a "cease and desist" order
requires control, if not prohibition, of the operation of a business establishment is under Republic Act No. 4850 and its amendatory laws, on the basis of the facts
essentially addressed to the Environmental Management Bureau (EMB) of the presented in this case, enjoining the dumping of garbage in Tala Estate,
DENR which, by virtue of Section 16 of Executive Order No. 192, series of Barangay Camarin, Caloocan City.
1987,18 has assumed the powers and functions of the defunct National Pollution
Control Commission created under Republic Act No. 3931. Under said Executive Ruling: Yes
Order, a Pollution Adjudication Board (PAB) under the Office of the DENR
Secretary now assumes the powers and functions of the National Pollution
Control Commission with respect to adjudication of pollution cases. 19 By its express terms, Republic Act No. 4850, as amended by P.D. No. 813 and
Executive Order No. 927, series of 1983, authorizes the LLDA to "make, alter or
modify order requiring the discontinuance or pollution." 24 (Emphasis supplied)
As a general rule, the adjudication of pollution cases generally pertains to the Section 4, par. (d) explicitly authorizes the LLDA to make whatever order may be
Pollution Adjudication Board (PAB), except in cases where the special law necessary in the exercise of its jurisdiction.
provides for another forum. It must be recognized in this regard that the LLDA, as
a specialized administrative agency, is specifically mandated under Republic Act
No. 4850 and its amendatory laws to carry out and make effective the declared To be sure, the LLDA was not expressly conferred the power "to issue and ex-
parte cease and desist order" in a language, as suggested by the City
Government of Caloocan, similar to the express grant to the defunct National
Pollution Control Commission under Section 7 of P.D. No. 984 which, admittedly
was not reproduced in P.D. No. 813 and E.O. No. 927, series of 1983. However,
it would be a mistake to draw therefrom the conclusion that there is a denial of
the power to issue the order in question when the power "to make, alter or modify
orders requiring the discontinuance of pollution" is expressly and clearly
bestowed upon the LLDA by Executive Order No. 927, series of 1983.

Assuming arguendo that the authority to issue a "cease and desist order" were

not expressly conferred by law, there is jurisprudence enough to the effect that
the rule granting such authority need not necessarily be express. 25 While it is a
fundamental rule that an administrative agency has only such powers as are
expressly granted to it by law, it is likewise a settled rule that an administrative
agency has also such powers as are necessarily implied in the exercise of its
express powers.26 In the exercise, therefore, of its express powers under its
charter as a regulatory and quasi-judicial body with respect to pollution cases in
the Laguna Lake region, the authority of the LLDA to issue a "cease and desist
order" is, perforce, implied. Otherwise, it may well be reduced to a "toothless"
paper agency.

he issuance, therefore, of the cease and desist order by the LLDA, as a practical
matter of procedure under the circumstances of the case, is a proper exercise of
its power and authority under its charter and its amendatory laws. Had the cease
and desist order issued by the LLDA been complied with by the City Government
of Caloocan as it did in the first instance, no further legal steps would have been
necessary.

The charter of LLDA, Republic Act No. 4850, as amended, instead of conferring
upon the LLDA the means of directly enforcing such orders, has provided under
its Section 4 (d) the power to institute "necessary legal proceeding against any
person who shall commence to implement or continue implementation of any
project, plan or program within the Laguna de Bay region without previous
clearance from the LLDA."

Clearly, said provision was designed to invest the LLDA with sufficiently broad
powers in the regulation of all projects initiated in the Laguna Lake region,
whether by the government or the private sector, insofar as the implementation of
these projects is concerned. It was meant to deal with cases which might
possibly arise where decisions or orders issued pursuant to the exercise of such
broad powers may not be obeyed, resulting in the thwarting of its laudabe
objective. To meet such contingencies, then the writs of mandamus and
injunction which are beyond the power of the LLDA to issue, may be sought from
the proper courts.