Republic of the PhilippinesCOURT OF APPEALS Manila GEMMA C. DELA CRUZ, FIDEL E. AMOYO, VIOLETA M. CRUZ, ZENAIDA C. MANGUNDAYAO, ANDRES M. COMIA, MARJORIE N. PABLO, MARIA TERESITA R. CANON, JOEL JULIUS A. MARASIGAN, GINALYN V. CACALDA, BABY LYNN E. TAGUPA, LYDIA B. RAYOS, JESUS R. PUENTE, JACINTO R. RICAPLAZA, ARMANDO P. PADILLA, FLORENTINO MARTINEZ, MARIE AMELITA R. MICIANO, LYDIA R. MICIANO, MA. LOURDES U. LACSON, JUAN CARLOS C. GAON, MA. BLEZIE C. GAON, AUREA A. PARAS, REMEDIOS Z. MORENO, MARIA JUANA N. CARRION, ALICIA K. KATIGBAK, JEDEDIA M. TUMALE, VICENTA M. MORALES, REYNALDO G. MARQUEZ, MARIA LUISA V. GORDON, NOEMI M. GOMEZ, MARIA CHRISTINA D. RIVERA, CATHERINE D. ROMERO-SALAS, MERCEDITA O. BELGADO, REV. FR. EDWIN EUGENIO MERCADO, MA. CONCEPCION M. YABUT, REYNALDO Z. SANTAYANA, ANGELO D. SULIT, ALFREDO A. GLORIA, JR., MICHAEL L. DE JESUS, JUSTIN MARC CHIPECO, KAREN HAZEL GANZON and JIMMY FAMARANCO, Petitioners, - versus – CA-G.R. SP. NO. ________________ (Petition for Writ of Kalikasan with prayer for Temporary Environmental Protection Order [TEPO]) MANILA ELECTRIC COMPANY (MERALCO), BARANGAY CHAIRMAN CESAR S. TOLEDANES, in his capacity as Barangay Chairman of Barangay 183, Zone 20, Villamor, Pasay City, BARANGAY COUNCIL OF BARANGAY 183, ZONE 20, VILLAMOR AIR BASE, PASAY CITY, RUTH M. CORTEZ, RICARDO R. DIMAANO, LEONARDO A. ABAD, NORMITA CASTILLO and AMANTE C. CACACHO, in their capacity as Members of the Barangay Council of Barangay 183, Zone 20, Villamor, Pasay City and MANILA INTERNATIONAL AIRPORT AUTHORITY (MIAA), Respondents. x————————————————–x PETITION FOR WRIT OF KALIKASAN WITH PRAYER FOR THE ISSUANCE OF A TEMPORARY ENVIRONMENTAL PROTECTION ORDER (TEPO) Petitioners, through the undersigned counsel, and to this Honorable Court, respectfully state that: PREFATORY STATEMENT M. AM’s Village. MARASIGAN U203 EAM Apratments 6th St.. 2nd Sts... Petitioners are residents and inhabitants of Barangay 183-Villamor. Villamor Air Base. CRUZ Barangay Villamor. cor. Pasay City GINALYN V.Pasay City MARIA TERESITA R. otherwise known as the Rules of Procedure for Environmental Cases.1. PABLO B85 L9.Pasay City ANDRES M. CANON P-11-24 3rd St. COMIA P36-10 9th St. 12-27th St. Villamor Air Base. not just to health and safety. 09-6-8-SC. ostensibly. but. RAYOS P18-03 7th-12th St. Barangay Villamor. Zone 20. to life preservation itself. respectively: Name Address GEMMA C. and residents of the following addresses. concerning as it is the violation of the constitutional rights of the residents of the Cities of Pasay and Makati to a balanced and healthful ecology. filed with this Honorable Court pursuant to Rule 7 of A. TAGUPA F1 4th St. Pasay City andMagallanes Village. Pasay City FIDEL E. PARTIES 3. CACALDA P57-05 17th St. with capacity to sue. Villamor Air Base. What use will modernization serve if it proves to be a scourge on an individual’s fundamental right.Pasay City JOEL JULIUS A. This is a petition for the issuance of a Writ of Kalikasan. Pasay City ZENAIDA C. MANGUNDAYAO F11 4th 21st St. PasayCity LYDIA B... Makati City. No. Villamor Air Base. Filipinos. Pasay City . Manlunas Extension.. Villamor Air Base. AMOYO P 36-08 9th cor.. DELA CRUZ 40 Mata St.. Villamor Air Base.Pasay City BABY LYNN E.Pasay City MARJORIE N. in all of its desired quality?[1] NATURE OF THE PETITION 2. Pasay City VIOLETA M. all of legal age.. Barangay Villamor. Barangay Villamor. Barangay Villamor. Magallanes Village.. TUMALE 38 Trinidad St.JESUS R. GAON AA 428 Galeria de Magallanes.Magallanes Village. MagallanesVillage. Magallanes Village. Magallanes Village.Magallanes Village..Makati City JUAN CARLOS C. Barangay Villamor. LOURDES U. MORENO 14 Socorro St.. CARRION AB 105 Galeria de Magallanes.. Makati City MARIA LUISA V. Magallanes Village. MagallanesVillage. Makati City REMEDIOS Z. RICAPLAZA Block 72 Lot 25.. Magallanes Village. Magallanes Village.Makati City MARIA JUANA N. Makati City CATHERINE D. Makati City ALICIA K.. Makati City MA. MagallanesVillage. Rosa St. MagallanesVillage. MICIANO 23 Humabon St.Makati City MARIA CHRISTINA D. ROMERO-SALAS 4 San Pablo St.. 17th St.. PADILLA 18 Sta. Makati City MARIE AMELITA R.Magallanes Village... GORDON 60 San Gregorio St. Magallanes Village. Magallanes Village. Villamor Air Base. GAON AA 428 Galeria de Magallanes.Makati City FLORENTINO L.Makati City MA.. Makati City REYNALDO G. Makati City AUREA G. Pasay City ARMANDO P.Makati City . Airmen’s Village.Makati City LYDIA R. MORALES 43 Magdalena St.. MARQUEZ B102 Galeria de Magallanes. Magallanes Village..Makati City VICENTA M. LACSON 29 Humabon St. Magallanes Village. MagallanesVillage.. GOMEZ 22 Humabon St. PUENTE P35-09 9th St. BLEZIE C. PARAS 16 Encarnacion St. Makati City NOEMI M. MARTINEZ 20 Magdalena Circle.Makati City JEDEDIA M. RIVERA 18 Homonhon St. MICIANO 23 Humabon St.. KATIGBAK 35 Limasawa St. Pasay City JACINTO R. MERCEDITA O. Makati City REYNALDO Z. Magallanes Village. composed of: a. 183. Respondent LEONARDO A. Pasay City where he may be served with summons and other processes of the Honorable Court. Ortigas Avenue. TOLEDANES is the Barangay Chairman of Bgy.Makati City ANGELO D. 4. resolutions. 24 Mactan St. of legal age.. MagallanesVillage. DE JESUS Asia Pacific College. 6. MagallanesVillage. Pasig City. ZONE 20.. Atty. Villamor. GLORIA. 20 Limasawa St. 5. d. notices and processes of this Honorable Court through their counsel of record. CONCEPCION M. Alphonsus Mary de Ligouri Church. of legal age. c.Makati City MICHAEL L. SANTAYANA. of legal age. at Roque and Butuyan Law Offices. Zone 20. Harry L. MERCADO St. Jr. PASAYCITY. Makati City JIMMY FAMARANCO Magallanes Village. BELGADO 30 Magdalena St.. b. Filipino. MagallanesVillage. MagallanesVillage. Respondent MANILA ELECTRIC COMPANY (MERALCO) is a domestic corporation created and organized pursuant to the laws of the Republic of the Philippines with principal office address atMERALCO Building. SULIT 37 Homonhon St. Respondent BARANGAY COUNCIL OF BARANGAY 183. 1227 Makati City. MagallanesVillage. 1904 Antel Corporate Centre. where it may be served with summons and other processes of this Honorable Court. JR. Makati City Petitioners may be served with the orders. 121 Valero Street. Filipino. Respondent BARANGAY CHAIRMAN CESAR S... FR. Makati City REV. CORTEZ. Respondent NORMITA CASTILLO. of legal age. Magallanes Village. Humabon St.. H. Filipino. YABUT. Makati City JUSTIN MARC CHIPECO 36 Magdalena St. ABAD. Filipino..Magallanes Village. and . VILLAMOR. Makati City ALFREDO A. DIMAANO. EDWIN E. Roque. Makati City MA. Respondent RUTH M. Humabon St. Makati City KAREN HAZEL GANZON 36 Magdalena St. Magallanes Village. Salcedo Village. Respondent RICARDO R... Philippines. PasayCity. Zone 20. passed Barangay Resolution No. STATEMENT OF FACTS 8.e. Cacho. 11. Zone 20. Villamor. Respondent MANILA INTERNATIONAL AIRPORT AUTHORITY (MIAA) is a government agency created and organized pursuant to the laws of the Republic of the Philippines. Pasay City (hereinafter referred to as “Respondent Barangay Council”) and without the prior consultation with the constituents of the barangay. otherwise known as “An Act Accelerating the Conversion of Military Reservations Into Other Productive Uses. As such. Villamor. the said parcel of land was subdivided and afterwards sold and awarded to its inhabitants. 9. authorizing Respondent Toledanes to issue a Barangay Permit authorizing . Ricardo Dimaano. It was thereafter converted into a private residential land pursuant to Republic Act No. Filipino. Ruth Cortez. Barangay 183 Zone 20. where they may be served with summons and other processes of this Honorable Court. Some of them have likewise established their respective businesses and livelihood therein. CACACHO. Respondent Barangay Council. however. Creating the Bases Conversion And Development Authority For This Purpose. Pasay City (hereinafter referred to as “Barangay 183”. Providing Funds Therefor And For Other Purposes”. Respondent AMANTE C. on 02 September 2009. where it may be served with summons and other processes of the Honorable Court. Villamor Air Base. 40-S2009. composed of Respondents Cesar Toledanes. Leonardo Abad. Normita Castillo and Amante C. vested with the power to administer and operate the Ninoy Aquino International Airport III (NAIA 3). NAIA Complex Pasay City. 7. for brevity) is a residential area located in Makati City adjacent to Barangay 183. without the prior authority from and approval by Respondent Barangay Council of Barangay 183. including herein Petitioners. of legal age. The Petitioners are existing residents and inhabitants of Barangay 183 and Magallanes Village. Magallanes Village (hereinafter referred to as “Magallanes Village”. 7227. Belatedly. On 13 July 2009. and with principal office address at MIAA Administration Building. Toledanes (hereinafter referred to as “Respondent Toledanes”) issued a Barangay Working Permit Clearance “for the installation of 115 KV sub-transmission lines and poles at the10th and 12th Streets of Barangay 183. for brevity) used to be part of the Villamor Air Base.”[2] 12. are holding office at the Barangay Hall of Barangay 183 located at Barangay 183. 10. Respondent Barangay Chairman Cesar S. bring Petitioners to seek the intervention of this Honorable Court. As such. Also. Abad. Leonardo Abad. as the installation and energizing of the high tension wires will be completed by December 2010.[3] Similar to the Working Permit Clearance issued. 40-S-2009 earlier issued by them. 16. 40-S-2009 was issued without a prior consultation with the constituents of the barangay. and shall pass along the concrete wall separating Barangay 183 of Pasay City and Magallanes Village of Makati City. appealing for the recall of the Barangay Working Permit and Resolution No. 15. Due to the urgency of the situation. Petitioners were surprised to find out Respondent MERALCO had already begun erecting the said posts without their knowledge and without public discussion. sometime in August 2010. who administers and operates the Ninoy Aquino International Airport III (NAIA 3). Cortez. Respondent MIAA. Ruth Cortez. 17. 18. 183 and less than ten (10) meters from the respective properties of PetitionersResidents of Magallanes Village.[5] This. proved futile. 12th and 27th streets of Barangay 183 and lining the perimeter wall between Barangay 183 andMagallanes Village. The high tension transmission lines shall traverse the entire 10th and 12th streets of Bgy. The alarming presence of the towering posts being erected in close proximity to–that is. 13. Barangay Resolution No. Ricardo Dimaano. .[4] The thirty (30) foot-high poles will hold the transmission lines that will supply more or less one hundred fifteen (115) Kilovolts (KV) of electricity to the Ninoy Aquino International Airport III (NAIA 3). and Respondents Toledanes. who are the barangay officials of Barangay 183. on behalf of the other Petitioners. 19. Cacacho. Castillo and Cacacho. despite the close proximity of the installation of the high tension wires and poles to the nearby Magallanes Village in Makati City.respondent MERALCO to install high voltage power lines and poles at the 10thand 27th Streets of Barangay 183. sent a letter to Respondents Toledanes. Respondent MERALCO began erecting towering posts along the 10th. Normita Castillo and Amante C. the residents and inhabitants of the same were not notified or consulted with respect to such plans. 183. On 18 October 2010. as near as one (1) meter from–the respective properties of Petitioners-Residents of Bgy. 14. there is a need to protect the Petitioners from the hazardous and ill effects of the same. and the hazardous effects of the high tension wires to their health and safety. Thus. however. Dimaano. Petitioner Gemma dela Cruz. Petitioners were not informed that Respondent MERALCO was going to erect such posts in Barangay 183 either by Respondent MERALCO. PASAY CITY AND MAGALLANESVILLAGE. headaches. RULES AND REGULATIONS. Alzheimer’s disease.THE INSTALLATION OF THE HIGH TENSION WIRES POSES DANGER TO THE LIVES. The risks include cancer. depression. Scientific studies and research have revealed that there are health risks involved in prolonged exposure to electromagnetic field or radiation. MAKATI CITY. PASAY CITY ANDMAGALLANES VILLAGE. MAKATI CITY. noted that there are links between disease – such as leukaemia – and electromagnetic fields (EMFs) and cites several instances of such. INCLUDING HEREIN PETITIONERS ================================ 20. to name a few. memory loss and insomnia. HEALTH AND PROPERTY OF THE RESIDENTS OF BARANGAY 183. MAKATI CITY. Alasdair and Jean Philips. thus: .IV THE ISSUANCE OF THE BARANGAY WORKING PERMIT CLEARANCE AND RESOLUTION NO. miscarriages. . .II THE ENVIRONMENTAL DAMAGE THAT WILL BE CAUSED BY THE INSTALLATION OF SAID HIGH TENSION WIRES WILL AFFECT THE RESIDENTS OF BARANGAY 183. . leukemia in children. in their book. INCLUDING HEREIN PETITIONERS.[6] 21.III THE INSTALLATION OF THE SAID HIGH TENSION WIRES VIOLATES PETITIONER’S CONSTITUTIONAL RIGHT TO A BALANCED AND HEALTHFUL ECOLOGY AS WELL AS ESTABLISHED ENVIRONMENTAL LAWS. 40-S-2009 WAS TAINTED WITH IRREGULARITIES -VTHERE IS ANOTHER SUITABLE AND SAFER ROUTE FOR RESPONDENT MERALCO’S POWER TRANSMISSION PROJECT DISCUSSION I. HEALTH AND PROPERTY OF THE RESIDENTS OF BARANGAY 183. The Powerwatch Handbook. published in 2006. PASAY CITY AND MAGALLANES VILLAGE.GROUNDS FOR THE ALLOWANCE OF THE PETITION –ITHE INSTALLATION OF THE HIGH TENSION WIRES POSES DANGER TO THE LIVES. where a 132.5 microtesla (a measurement of electromagnetic field strength). and the development of the condition. He started to complain of pains. In the 8 houses closest to powerlines in Kilmarnock. there are also a good number of evidence that electromagnetic fields play a role not only in the development of brain and breast cancers but also of Alzheimer’s disease. ALS or the Lou Gehrig’s disease which is a form of motor-neurone disease. Scotland. In Dalmally. incidents of miscarriages. more than sixty times the average exposure level in UK homes. x x x”[7] 22.[8] 23. also in Scotland. In fact. known variously as electrosensitivity or electromagnetic hypersensitivity. 9 people have died of cancer over the last 15 years. A street in Exeter. these circumstances mean a diminution of the value of their properties and loss of possible income and business opportunities. xxxxxxxxx In 1989. An electricity meter in a cupboard in the hallway emitted a strong electromagnetic field through the wall into the front bedroom. Because of their close proximity to the properties of Petitioners. Subsequent tests revealed that Simon had been sleeping in an electromagnetic field over 2. with huge cables strung to them. Residents also complain of depression. Undoubtedly. The presence itself of these gigantic steel posts. .“In Abergavenny. headaches and memory loss. the number of cancer deaths on the road is five times higher than the norm for Devon and Cornwall. 4 neighbors living near powerlines developed brain tumours over a period of 18 months. Their son Simon slept with his head less than a yard from this meter. He died in 1992 at the age of 13. Devon. the Studholme family bought a bungalow in Great Manchester. houses and structures that could be built on Petitioners’ properties. but the doctors found nothing wrong.000-volt electricity pylon looms outside the homes of some of the residents has been dubbed ‘Death Road. and 3 of motor neurone disease (MND). 23 people havedied from heart disease or cancer. depression and suicide.’ In 28 houses. Another concern that should be raised is the inevitable devaluation of the properties exposed to these high powered transmission lines. Moreover. in a small estate of 36 houses under a 275. towering over Petitioners’ properties would surely scare away prospective buyers in case Petitioners decide to sell their properties. 8 people died of cancer in 5 years. in Wales. Within 18 months he had developed acute lymphatic leukaemia.000-volt powerline. the high voltage transmission lines would certainly restrict the height of the buildings. where the Dasmariñas villagers’ homes are. there are two rows of these MERALCO posts holding the high tension wires and they are installed within close distance from each other. NAPOCOR’s 230 Kilovolt Sucat-Araneta-Balintawak Power Transmission Project was supposed to pass through the Sergio Osmeña. et al. if this kind of power transmission project is not immediately aborted. the Supreme Court. Barangay 183 and Magallanes Village.[11] 28. Worse. which will unfortunately absorb the concentrated EMFs that will be emitted by the transmission lines from both sides. v. Living up to its reputation as the ultimate guardian and defender of the rights of the people. Recognizing the health and safety risks posed by the high voltage transmission lines. and Dasmariñas Village proximate to Tamarind Road. The health risks linked to exposure to electromagnetic fields were raised by the residents ofDasmariñas Village. 25. the actual voltage may turn out to be higher considering the thirty (30) Megavolt (or 30. in all its wisdom and good judgment. the Supreme Court enjoined the NAPOCOR from further preparing and installing high voltage cables to the steel pylons erected near the villager’s homes and from energizing and transmitting high voltage electric current through said cables. declared: . 26. 29. the high tension transmission lines being erected by Respondent MERALCO are being constructed within a distance of less than one (1) meter from the houses and properties of the Petitioners-residents of Barangay 183 and less than ten (10) meters from the houses and properties of Petitioners-residents of Magallanes Village.[9] In the instant case. these high tension transmission lines shall transmit one hundred fifteen (115) Kilovolts of electricity to NAIA 3. Hernandez. Granting that the voltage that would be transmitted by these powerlines is only equivalent to 115KV. the perimeter of Fort Bonifacio. flanking residential houses. still the required distance for the electromagnetic field level to be within safe limits is around eighty seven (87) meters away. This increased electric currents passing through these high tension transmission lines would concomitantly result in the increased risk that the Petitioners and the other inhabitants of Barangay 183 and Magallanes Village are faced with. Also.000 Kilovolt) requirement for the full operation of the NAIA 3. Makati as their battlecry in seeking an injunctive relief against the Power Transmission Project of the National Power Corporation (NAPOCOR) within the said Village in the case of Eduardo F. In the aforementioned case. However.24.”[10] 27. will one day have their own versions of the socalled “death roads” with their inhabitants as the “guinea pigs in this great electromagnetic experiment. Sadly. Sr. Highway (South Superhighway). National Power Corporation. was declared to be unsafe and prohibited. Said the Supreme Court – “It is not safely habitable. Thus. health and property of the residents of Barangay 183 and Magallanes Village at risk of EMF radiation but also run the risk of being physically tumbled upon should these unstable and tilting posts give way. posing a danger to life and property. supplied) 30. By logical inference. By way of example. not only are the lives. for health and safety reasons. especially in densely populated ones like the herein residences of Petitioners. attached herewith as Annex “E” to E-1”. high-voltage transmission lines and residential areas should never co-exist in the same place. should be prohibited and should never be allowed in residential areas.[14] Thus. construction of residential houses is prohibited in areas where said transmission lines exist.”[12] (emphasis. Some of the posts which will carry the tremendous amount of electricity have not been erected properly. high voltage transmission lines. then why allow the same hazardous transmission lines to be installed in established residential areas? Clearly. the Supreme Court even observed that construction of residential structures in areas where there are high tension transmission lines. 32. most if not all of the said posts erected by Respondent MERALCO encroach into the drainage canals of Barangay 183. In another case. are photographs of the effects of Typhoon Ondoy in Barangay 183. dangers of flooding will have to be expected in Barangay 183 which will certainly affect adjacent areas.[15] In case of heavy rains and typhoons.) 31.000 volts of electricity.[13] (Emphasis supplied. . Moreover.“In the present case. generates tremendous static electricity and produces electric sparks whenever it rained. 33. As a matter of fact. If because of the danger and hazard that high tension transmission lines pose. which are hazardous to life and property. 35. the far-reaching irreversible effects to human safety should be the primordial concern over presumed economic benefits per se as alleged by the NAPOCOR. These health hazards linked to exposure to EMFs are not the only matters which cause alarm to the Petitioners. some areas of Barangay 183 which do not usually experience flooding caused by moderate rainfall are now experiencing slight inundation in their area. some of the posts are tilting in an apparently unstable position. 34. It is built in a subdivision area where there is an existing 30meter right of way of the Manila Electric Company (Meralco) with high-tension wires over the property. The construction of houses underneath the high tension wires is prohibited as hazardous to life and property because the line carries 115. including Magallanes Village. issued on 16 April 1998. As shown hereinabove. No. No.3. otherwise known as the Code of Sanitation of the Philippines. Presidential Decree No. added) 39. 09-6-8-SC). III. a 115KV a couple of electricity pylons have already been constructed very near the wall separating the two cities. Article II of the 1987 Constitution. as one of the bases for filing cases involving enforcement or violations of environmental and other related laws.THE ENVIRONMENTAL DAMAGE THAT WILL BE CAUSED BY THE INSTALLATION OF SAID HIGH TENSION WIRES WILL AFFECT THE RESIDENTS OF BARANGAY 183. promulgated on 29 April 2010.THE INSTALLATION OF SAID HIGH TENSION WIRES VIOLATES PETITIONER’S CONSTITUTIONAL RIGHT TO A BALANCED AND HEALTHFUL ECOLOGY AS WELL AS ESTABLISHED ENVIRONMENTAL LAWS.) 38. which undoubtedly does not comply with the safe-distance requirement of at least 87 meters. P.: ARTICLE II Declaration of Principles and State Policies “Section 15.M. PASAY CITY ANDMAGALLANES VILLAGE. Barangay 183 of Pasay City and Magallanes Village of Makati City.II. categorically prohibits the installation of high tension transmission lines in residential areas.1 High-tension transmission lines shall never pass overhead or underground ofresidential areas. Its Implementing Rules. The State shall protect and promote the right to health of the people and instill health consciousness among them. rules and . 856. In the same manner.[16] The distance separating these posts and the residential area of MagallanesVillage is only about four (4) to five (5) meters. 856 is cited in the recent Rules of Procedure for Environmental Cases (A. the implementation of Respondent MERALCO’s project violates Petitioners’ right to health as enshrined in Section 15. viz. Considering the high voltage that will run through the subject high tension wires.” (Emphasis supplied. provides in no uncertain terms that – “7.3 Electric and Electronic Industries 7. MAKATI CITY ================================ 36. Presently.D. the environmental damage is expected to have adverse effects to the inhabitants of two (2) cities. The construction of these posts by Respondent MERALCO transcends the boundaries of Barangay 183 in Pasay City and extends to Magallanes Village of Makati City. in fact. RULES AND REGULATIONS ================================ 37.” (emphasis. Thus. in stark violation of Section 27 of the Local Government Code which provides: “no project or program shall be implemented by government authorities unless the consultations mentioned are complied with. drainage ditch. No. al. Also. the high tension transmission lines being erected by Respondent MERALCO are being constructed within a distance of less than one (1) meter from the houses and properties of the residents of said barangay contrary to the required distance for the electromagnetic field level to be within safe limits. as mentioned above. requires conference with the affected communities of a government project. Section 27 of the Local Government Code[17] was also breached when Respondent MERALCO and Respondent MIAA failed to comply with the requirements of prior consultation with the residents of Barangay 183 and Magallanes Village as regards the implementation of its project. NAPOCOR. Finally. which effectively provides that – “SECTION 2. is a clear violation of Commonwealth Act No. vs. made a shortcut to this requirement. culvert. 548 otherwise known as the Regulation and Control of the Use of and Traffic on National Roads and Constructions. it follows that the implementiation of Respondent MERALCO’s high power transmission project in Barangay 183.regulations. harp on respondent’s failure to conduct prior consultation with them. IV. the Local Government Code. 40.THE ISSUANCE OF THE BARANGAY WORKING PERMIT CLEARANCE AND RESOLUTION NO. As held in the similar case of Hernadez. NAPOCOR (supra. palpably. is illegal and should never be allowed. do not pass the standards required therefor.D. et. xxxxxxxxx Moreover. which is around eighty seven (87) meters. In fact. the fact that these MERALCO posts obstruct the drainage system of Barangay 183. and prior approval of the Sanggunian concerned is observed.) 41. as the community affected by the project.) – “To boot. petitioners. It shall be unlawful for any person to convert any part of any national road to his private use or in any manner to obstruct or damage the same or any bridge. there appears a lack of exhaustive feasibility studies on . the distances alone at which these high tension transmission lines and posts are being constructed alongside the properties and homes of Petitioners and the inhabitants of Barangay 183 and Magallanes Village. 856 alone. moreover. road sign. a residential area. 40-S-2009 WAS TAINTED WITH IRREGULARITIES =========================== 42. or other appurtenance pertaining thereto.” (Emphasis supplied. On the basis of the above-quoted implementing rules of P. ================================ 47. In the same vein. where there are no residential houses or buildings and which provides a shorter distance from Respondent MERALCO’s source of electricity as compared to the circuitous route along the 10th and 12th Streets of Barangay 183. the Barangay Working Permit which actually gave life to the power transmission project of MERALCO should be struck down as illegal. 44. endangering the lives of the people therein.NAPOCOR’s part before making a go with the project on hand. Respondent MERALCO may very well install the subject transmission lines along Sales Street. 48. otherwise. while the Resolution of the Respondent Barangay Council only authorized the construction of power lines along 10th and 27thStreets. Thus. which would result in a negligible effect on the Petitioners and the inhabitants of Barangay 183 and Magallanes Village. excluding 12th St. it should have anticipated the legal labyrinth it is now caught in. issued in grave abuse of discretion and in excess of or without authority on the part of Respondent Toledanes. Villamor Air Base.THERE IS ANOTHER SUITABLE AND SAFER ROUTE FOR RESPONDENT MERALCO’S POWER TRANSMISSION PROJECT. the Working Permit issued by Respondent Toledanes allowed the installation of the high voltage wires power lines and poles at the 10th and 12th Streets of Barangay 183.” 43. 40-S-2009 on 02 September 2009 while the Barangay Working Permit was issued on 13 July 2009. admitted that he and the Respondent Barangay Council did not conduct any consultation with the affected constituents before they issued the subject permit. The Respondent Barangay Council only approved Barangay Resolution No. it makes no sense that the said high tension transmission lines are being erected in an inhabited and populous area. the Barangay Working Permit Clearance was issued without the authority of the Respondent Barangay Council. the Barangay Working Permit Clearance issued by Respondent Toledanes to Respondent MERALCO obviously suffers from patent irregularities. V. in a series of meetings requested by Petitioners. when it may be erected in an alternative location. Thus. 46. 45. Respondent Toledanes. First. Second. Indubitably. Pasay City. ALLEGATIONS IN SUPPORT OF THE APPLICATION FOR A TEMPORARY ENVIRONMENTAL PROTECTION ORDER (TEPO) . is unacceptable if not immoral. Economic gain has never been more important than a person’s right to life and well-being.49. The purpose is admirable. The acts complained of. including the herein Petitioners who will all suffer grave injustice and irreparable injury. EPILOGUE 56. even at the expense of lives and well-being of people. A way to attract foreign investors and bring more income for the government. 54. Respondents MERALCO and MIAA are poised to continue with and complete the installation of the high tension wires along the entire stretch of 10th. The matter is thus of extreme urgency that. 12th and 27th of Barangay 183 the soonest time possible as in fact Respondent MERALCO has been working almost twenty-four (24) hours within the said areas of Barangay 183 to hasten the completion of the acts complained of. the inhabitants of Magallanes Village of Makati City and of Barangay 183. aside from being unconstitutional. For then. 52. Petitioners replead all the foregoing allegations in support of their prayer for a Temporary Environmental Protection Order (TEPO). 53. Villamor of Pasay City. 50. but to attain it at all costs. 51. 55. illegal and contrary to established environmental rules and regulations. health and property. for whom the desired economic development is intended in the first place. If not curtailed. For reference. Zone 20. unless immediately restrained. the way of accomplishing it altogether defeats its purpose. it is respectfully prayed of the Honorable Court that: . The operation of the NAIA represents economic advancement. are clearly in violation of the foregoing rights of the Petitioners. An Affidavit of Merit in support of Petitioners’ application for the issuance of a Temporary Environmental Protection Order is hereto attached as Annex “F”. will inevitably cause damage to the environment. the continuous commission by the Respondents of the acts complained of might also render the final judgment granting the reliefs sought in the instant petition ineffectual. PRAYER WHEREFORE. It promises convenience to international travelers. The foregoing allegations undoubtedly demonstrate Petitioners’ clear and unmistakable right to a healthful ecology and to be protected against any unlawful acts involving environmental damage that tend to endanger their life. Progress is desirable. 12th and 27th Streets of Barangay 183. and 3. authorizing its Respondent Barangay Chairman Cesar S. Immediately upon the filing of this petition. at the expense of said Respondents. 40. illegal and for having been issued with grave abuse of discretion amounting to lack or excess of jurisdiction or authority. for being unconstitutional.1. and (d) Directing the Respondents MIAA and MERALCO to remove or cause the removal of the installed MERALCO posts and transmission lines along 10th. Zone 20. (b) Nullifying the Barangay Working Permit Clearance dated 13 July 2009 issued by Barangay 183 Respondent Chairman Cesar S. extending the effectivity of the TEPO until the termination of this case. 2. Villamor. Pasay City and from energizing and transmitting high voltage electric current through the said powerlines. (c) Nullifying Resolution No. Zone 20. to cease and desist from conducting excavation works. Zone 20. After due proceedings. 11 November 2010. for being unconstitutional. to issue a clearance/permit to Respondent MERALCO to construct/install the high tension transmission lines that will traverse the entire stretch of 10th and 27th Streets. 12th and 27th Streets of Barangay 183. Pasay City. Salcedo Village Makati City 1227
[email protected] . a Temporary Environmental Protection Order (TEPO) and or a Writ of Kalikasan be issued. Petitioners pray for such other reliefs as are just and equitable under the premises. Villamor. Pasay City and from energizing and transmitting high voltage electric current through the said powerlines. installing poles and transmission lines along the entire stretch of 10th. directing Respondents and any person acting on their behalf. to cease and desist from conducting excavation works. Toledanes in favor of Respondent MERALCO. Villamor. ROQUE AND BUTUYAN LAW OFFICES Counsel for Petitioners Unit 1904 Antel 2000 Corporate Centre 121 Valero Street. Toledanes. installing poles and transmission lines along the entire stretch of 10th. a Decision be rendered– (a) Making the TEPO and/or Writ of Kalikasan permanent. ordering Respondents and any person acting on their behalf. S-2009 date 2 September 2009 issued by the Barangay Council of Barangay 183. illegal and for having been issued with grave abuse of discretion amounting to lack or excess of jurisdiction or authority. issue a Resolution. After a summary hearing. 12th and 27th Streets of Barangay 183. Makati City for the City of Manila. Villamor Pasay City RUTH M. 04. 02 887 3893 By: H.10. 01. JR. Roll No.10 Copy furnished: MANILA ELECTRIC COMPANY (MERALCO) MERALCO Building Ortigas Avenue. CORTEZ Barangay Hall Barangay 183. Makati City. Zone 20.Tel. Zone 20. DIMAANO Barangay Hall Barangay 183. 2115877. 811903. Makati City IBP No. Villamor Pasay City BARANGAY COUNCIL OF BARANGAY 183 Barangay Hall Barangay 183.13. 36976 PTR No. 2115880.10. Lifetime Member MCLE Exemption No. 499912. III-0013474. DIZON Roll No.12. 02 887 4445/887 3894 Fax No. Makati City IBP No. Zone 20. HARRY L ROQUE. 01.10 DEXTER DONNE B. Villamor Pasay City RICARDO R. 01.10.13. Laguna MCLE Compliance No. TOLEDANES Barangay Hall Barangay 183. Villamor Pasay City . Pasig City BARANGAY CHAIRMAN CESAR S. III-001000. 04. Zone 20.21.26. 54013 PTR No. No. [4] Attached herewith as Annex “C” to “C-24” are copies of the photographs of the electricity pylons already erected and currently being erected by Respondent MERALCO in Barangay 183. et al. 2002.ehow. Lee. March 23 2006. 3-5. DEXTER DONNE B. . Richard.com/about_5506934_health-power-lines-nearhouses. The Powerwatch Handbook. DIZON [1] Eduardo F. 145328. Zone 20. http://www. Villamor Pasay City AMANTE C. 28-29. Villamor Pasay City NORMITA CASTILLO Barangay Hall Barangay 183. Internal Wiring. a 560-page report. 248 citing the following references. Zone 20. Villamor Pasay City MANILA INTERNATIONAL AIRPORT AUTHORITY (MIAA) MIAA Administration Building NAIA Complex Pasay City EXPLANATION ON SERVICE BY REGISTERED MAIL Due to distance. Jean. 248. [2] A copy of the said Working Permit Clearance dated 13 July 2009 is hereto attached as Annex “A”.LEONARDO A. pp. pp. rerieved 11 November 2010. No. ABAD Barangay Hall Barangay 183. [3] A copy of the said Resolution dated 02 September 2009 is hereto attached as Annex “B”. Zone 20. CACACHO Barangay Hall Barangay 183. California Report. [7] Alasdair and Philips. this Petition for Writ of Kalikasan is being served on the Respondents by registered mail. v.. 2006.R. time constraints and lack of messengerial services. [6] Asmus. Electrical Occupations and Appliances.html. Hernandez. G. National Power Corporation. An Evaluation of the Possible Risks from Electric and Magnetic Fields (EMFs) From Power Lines. [8] Id. [5] A copy of the letter is hereto attached as Annex “D”. Inc. F. Perry.. Perry.com . That occupants in areas where such projects are to be implemented shall not be evicted unless appropriate relocation sites have been provided.No project or program shall be implemented by government authorities unless the consultations mentioned in Sections 2 (c) and 26 hereof are complied with. F. [17] SEC. vs. [10] Alasdair and Philips.76. (366 Phil. Savitz. Prior Consultations Required. Environmental power-frequency magnetic fields and suicide.. 1989. supra. p.R. 41:267277. Jean. 13(1):21-31. 25:165176. et. [15] Annexes “C-9” to “C-14”. [13] Jumalon vs.M. supra. March 23.. 30 January 2002. G. Public Health. The Powerwatch Handbook.A. 1981. 2.. 452 [1999]). Inc. D. 439.. Power Frequency magnetic field: depressive illness and myocardial infraction. Salcedo Village 1227 Makati City.S. Prevalence of depression among electrical workers. [9] Alasdair and Philips. 2006. Philippines ‘ +632. 145328. A nested case-control study of residential and personal magnetic field measures and miscarriages.8873894 7 +632. 43. [12] Supra. al.R. No.. in accordance with the provisions of the Constitution.. [14] Annex “C-8”. p. 103:177-180. 1994. and prior approval of the sanggunian concerned is obtained: Provided. Health Physics. 127767. The ratio of the recommended distance over the voltage of the powerlines having been computed at 0. 27. No. [11] G.S.G. Court of Appeals. The Powerwatch Handbook. [16] Annexes “C-17” to “C-22”. Jean.8873893 : mail@roquebutuyan. William Lines. citing the case of Cebu Shipyard and Engineering Works. American Journal of Industrial Medicine. 2002. Epideomology Jan. Roque & Butuyan Law Offices 1904 Antel Corporate Center 121 Valero Street.