Case Digest: Mead vs. Argel

G.R. No. L-41958

Donald Mead  vs. Hon. Manuel Argel, CFI

July 20, 1982

Petitioner Donald Mead assailed the legal personality of the Provincial Fiscal to file an information against him for his alleged violation of RA No. 3931 or An Act Creating a National Water and Air Pollution Control Commission. Petitioner averred that the National Water and Air Pollution Control Commission created under the said law has the authority to hear cases involving violations under the same.

The Court ruled that the filing by the Provincial Fiscal of the case was premature sans the findings of the Commission on the matter.

Petitioner was being sued for the offense of allegedly causing pollution of a waterway (highway canal)(Sec 9). The Court held that the exclusive authority to determine whether or not ‘pollution’ did exist is vested in the Commission, who is in better position to determine the same for such requires specialized knowledge of technical and scientific matters which are not ordinarily within the competence of Fiscals or of those sitting in a court of justice (Sec 8).

RULING:

Unless the case involves that of nuisance under the Civil Code or until there is a ruling by the Commission on the alleged act of pollution, no court action shall be initiated (Sec8).

Without a prior determination or finding by the Commission that the provisions of the subject law had been violated, the provincial Fiscal lacked the authority to file the case against petitioner.

Categories: CFI, Donald Mead vs. Hon. Manuel Argel, Environmental Law, G.R. No. L-41958, nuisance, RA 3931