Ecolex Logo
Le portail au
droit de l'environnement
Résultats de la recherche » Jurisprudence

Metropolitan Manila Bay Development Authority v Concerned Residents of Manila Bay.

Type de cour
Nationale - cour supérieure
Fév 15, 2011
Nom du tribunal
Supreme Court of the Philippines
Siège de la cour
Numéro de référence
G.R. Nos. 171947-48
Ressources minérales, Environnement gén., Mer
Mot clé
Assainissement des sols pollués Monitorage Éco-audit Lutte contre la pollution Gestion des zones côtières Remise en état des sols Procédures judiciaires/procédures administratives
The Supreme Court of the Philippines issued for the first time a continuing mandamus through which the Authority was compelled to perform its duties in cleaning and preserving the polluted Manila Bay, and was obliged to submit quarterly progress reports to the Court for monitoring. Due to the special nature of this remedy, the Court was able to monitor the execution of its judgment until it is fully satisfied. To facilitate the cleanup, the Supreme Court created the Manila Bay Advisory Committee, headed by Associate Justice Velasco Jr, who wrote the judgment. Following this judgment, the Supreme Court of the Philippines adopted new Rules of Procedure for Environmental Cases in 2010. The new rules allow citizen suits, in which plaintiffs representing the public interest may bring environmental claims even though they did not necessarily experience any injury. These actions are permitted, so long as they are done for the protection, preservation or rehabilitation of the environment. The Environmental Rules also incorporate the recent judgment by providing for the issuance of a writ of continuing mandamus. The writ may command a party to perform acts for an unlimited period up until judgment is satisfied. Additionally, the court can monitor, or direct a government agency to monitor this execution, through whatever means necessary, including the submission of periodic progress reports to the Court.
Texte intégral