G.R. No. 94759
Technology Developer, Inc. vs. CA
January 21, 1991
Petitioner Technology Developer, Inc. sought to annul the
Mayor’s order in closing the petitioner’s Plant, assailing the latter’s power
in denying the former a mayor’s permit on the basis of environment violation.
RULING:
The lower courts were right in
upholding the mayor’s order, reasoning that
although the NPCC of the Ministry of human Settlements (now Environmental Management Bureau of the
Department of Environment and Natural Resources) has the task to determine the
existence of pollution and violations of environmental laws, the mayor by
virtue of his police power has as much responsibility to protect its
constituents from the same and regulate the operation of establishments which
pose relative threat to the community.
The Court, in considering the evidence presented, upheld the respondent,
stressing the importance of the general welfare of the community over and above
the potential economic return of investment but is detrimental to many.
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