THE debate on whether or not to keep Cebu City’s Inayawan landfill open will continue in court today.
In a phone interview, Cebu City Councilor Joel Garganera said that representatives from the Department of Health (DOH) 7, Asian Energy Systems Corp., Department of Environment and Natural Resources (DENR) Environmental Management Bureau (EMB) 7 and Movement for a Livable Cebu are expected to appear before the Court of Appeals (CA).
“DOH has to register the continued operation of the Inayawan landfill. This is stipulated in their review and recommendation. Some of the almost 2,000 residents of Barangay San Roque in Talisay City and Barangay Inayawan in Cebu City will also intervene,” he said.
Last Thursday, DENR Secretary Regina Paz Lopez ordered the immediate closure of the landfill in Inayawan, Cebu City after she visited it and learned how close it was to the sea.
As for Mayor Tomas Osmeña’s anticipated appearance in court today, Garganera said he will “take it at face value.” Garganera chairs the council committee on the environment.
Last month, he filed a petition for a Writ of Kalikasan and asked the Court of Appeals (CA) for a temporary environmental protection order (TEPO) to stop the facility’s operation.
A Writ of Kalikasan is a legal remedy that protects one’s right to a healthy environment.
Although the CA 19th Division has issued a Writ of Kalikasan against Osmeña and two DENR 7 officials, it deferred the issuance of the TEPO and urged the parties to come up with a “win-win solution” on the issue of the city’s trash.
When it issued the writ last Oct. 11, the court also named EMB officer-in-charge Engr. William Cunado and DENR acting regional head Emma Melana.
Although the CA invited the respondents to a summary hearing last Oct. 12, Osmeña was a no-show and sent his legal counsel instead.
The mayor announced last week, though, that he will appear in court today to discuss several details regarding the landfill.
In a separate interview, City Atty. Joseph Bernaldez declined to divulge any detail on their preparations, but said they have readied a game plan.
“As for our argument, I can’t disclose anything at the moment (yesterday). We’ll just have to wait until the court hearing,” Bernaldez said.
Garganera, on the other hand, said he will not be raising any new argument as he had already presented the “facts.”
“It’s all based on the different findings, recommendations, affidavits and news articles that transpired. I’ve never twisted anything as alleged by the mayor. In fact, I’ve never included my personal assessment. We are the collateral (damage) because he has no interest in the welfare of the people,” he said.
