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.
