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RP by Sec. Heherson Alvarez, DENR, et al vs City of Davao by Mayor Benjamin De Guzman

REPUBLIC OF THE PHILIPPINES, represented by HON. HEHERSON T. ALVAREZ, in his capacity as Secretary of the DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR), CLARENCE L. BAGUILAT, in his capacity as the Regional Executive Director of DENR-Region XI and ENGR. BIENVENIDO L. LIPAYON, in his capacity as the Regional Director of the DENR-ENVIRONMENTAL MANAGEMENT BUREAU (DENR-EMB), Region XI, petitioners, vs. THE CITY OF DAVAO, represented by BENJAMIN C. DE GUZMAN, City Mayor, respondent.

G.R. No. 148622 | 2002-09-12

D E C I S I O N

YNARES-SANTIAGO, J.:

Before us is a petition for review[1] on certiorari assailing the decision[2] dated May 28, 2001 of the Regional Trial Court of Davao City, Branch 33, which granted the writ of mandamus and injunction in favor of respondent, the City of Davao, and against petitioner, the Republic, represented by the Department of Environment and Natural Resources (DENR). The trial court also directed petitioner to issue a Certificate of Non-Coverage in favor of respondent.

The antecedent facts of the case are as follows:

On August 11, 2000, respondent filed an application for a Certificate of Non-Coverage (CNC) for...