DIRECTION: Analyze the case below and answer the question below. Use all applicable Philippine environmental laws. SCENARIO: In the case of People of the Philippines vs. Santiago del Mar Holdings LLC vs. Local Government of Rizal vs. DENR vs. Joel Pagatpatan, Sammy Bingil, and Raymond Bagandino, the following facts of the case are hereby set, such that, 1) Mr. Pablo Ramirez ventured a large cave system in the Municipality of Rizal with a long-time colleague and geologist Mr. Sammy Bingil in July 2015. The two found out that the cave system is a landmark biodiversity hotspot with 150 endangered endemic species protected by Philippine Laws. It was also found that the waters running along the cave floor and walls are black, had a nasty smell similar to burnt tires and rusty iron nails, and is acidic Their findings was reported to the LGU Rizal through Mr. Joel Pagatpatan, the MENRO Officer, 2) The MENRO Office reported the findings to then-Municipal Mayor Ramon Bagandino, who later ordered a thorough investigation in October 2015. The investigation report by Mr. Pagatpatan was kept in his office for safekeeping: 3) Three years later, a typhoid epidemic hit the Municipality of Rizal with a death toll of 4,500. An investigation was then initiated by orders of now Mayor Pagatpatan and Vice Mayor Bagandino and it was found that the local groundwater was sourced from the springs that sprouted from the cave that Mr. Ramirez and Mr. Bingil found in 2015. Fearing the possibility of public backlash and administrative case, Mayor Pagatpatan bumed the hard copy of the 2015 Investigation Report, unaware that an electronic copy was sent to the DENR-EMB Regional Office by his assistant in 2017; 4) With the epidemic going viral, the Regional EMB Office launched an investigation into Mayor Pagatpatan and Vice Mayor Bagandino using the archived electronic copy of the 2015 Investigation Report as justifiable cause. The two officials were then arrested awaiting trial 5) During the trial, it was found that the pollution of the groundwater from the cave system, first seen by Mr. Ramirez and Mr. Bingil in 2015, was due to an illegal wastewater pump from the Santiago del Mar Holdings LLC, a tire and metal company 2 km from the cave entrance, 6) During the last trial, it was found that Santiago del Mar Holdings LLC was already convicted of another illegal waste dumping in 2010 and 2013 and was sentenced with a permanent cease and desist order to operate by the Manila Regional Trial Court. It was also found that the company obtained a Permit to Operate from the Municipality of Rizal by then-Mayor Bagandino under the recommendations of then-MENRO Officer Mr. Pagatpatan. Moreover, an ECC Permit was given to the company by then DENR-EMB Regional Office in 2014, with records showing that the permit was given by Mr. Bingil, then OIC- RD Appointee, with the signed ECC application but no technical review report or any related report found, 7) Due to the grievous consequences of the case, the Manila RTC passed the guilty sentenced to all respondents, guilty of all charges related to environmental laws, and sentenced each a fine of 500,000 pesos and 10 years. imprisonment with no parole. The respondents appealed the case in the Court of Appeals, which was later denied. The Supreme Court heard the case in 2019 and re-affirmed the decision of the Manila RTC and Court of Appeals finding the respondents guilty of all charges and issued a permanent injunction to the respondents with dismissal from public service with no titled benefits. QUESTION: In your capacity as a professional lawyer/environmentalist/geologist, find out what charges were the respondents guilty of related environmental laws by citing it together with its appropriate penalties. Do you agree with the Manila RTC's rulings? Elaborate your stand.
DIRECTION: Analyze the case below and answer the question below. Use all applicable Philippine environmental laws. SCENARIO: In the case of People of the Philippines vs. Santiago del Mar Holdings LLC vs. Local Government of Rizal vs. DENR vs. Joel Pagatpatan, Sammy Bingil, and Raymond Bagandino, the following facts of the case are hereby set, such that, 1) Mr. Pablo Ramirez ventured a large cave system in the Municipality of Rizal with a long-time colleague and geologist Mr. Sammy Bingil in July 2015. The two found out that the cave system is a landmark biodiversity hotspot with 150 endangered endemic species protected by Philippine Laws. It was also found that the waters running along the cave floor and walls are black, had a nasty smell similar to burnt tires and rusty iron nails, and is acidic Their findings was reported to the LGU Rizal through Mr. Joel Pagatpatan, the MENRO Officer, 2) The MENRO Office reported the findings to then-Municipal Mayor Ramon Bagandino, who later ordered a thorough investigation in October 2015. The investigation report by Mr. Pagatpatan was kept in his office for safekeeping: 3) Three years later, a typhoid epidemic hit the Municipality of Rizal with a death toll of 4,500. An investigation was then initiated by orders of now Mayor Pagatpatan and Vice Mayor Bagandino and it was found that the local groundwater was sourced from the springs that sprouted from the cave that Mr. Ramirez and Mr. Bingil found in 2015. Fearing the possibility of public backlash and administrative case, Mayor Pagatpatan bumed the hard copy of the 2015 Investigation Report, unaware that an electronic copy was sent to the DENR-EMB Regional Office by his assistant in 2017; 4) With the epidemic going viral, the Regional EMB Office launched an investigation into Mayor Pagatpatan and Vice Mayor Bagandino using the archived electronic copy of the 2015 Investigation Report as justifiable cause. The two officials were then arrested awaiting trial 5) During the trial, it was found that the pollution of the groundwater from the cave system, first seen by Mr. Ramirez and Mr. Bingil in 2015, was due to an illegal wastewater pump from the Santiago del Mar Holdings LLC, a tire and metal company 2 km from the cave entrance, 6) During the last trial, it was found that Santiago del Mar Holdings LLC was already convicted of another illegal waste dumping in 2010 and 2013 and was sentenced with a permanent cease and desist order to operate by the Manila Regional Trial Court. It was also found that the company obtained a Permit to Operate from the Municipality of Rizal by then-Mayor Bagandino under the recommendations of then-MENRO Officer Mr. Pagatpatan. Moreover, an ECC Permit was given to the company by then DENR-EMB Regional Office in 2014, with records showing that the permit was given by Mr. Bingil, then OIC- RD Appointee, with the signed ECC application but no technical review report or any related report found, 7) Due to the grievous consequences of the case, the Manila RTC passed the guilty sentenced to all respondents, guilty of all charges related to environmental laws, and sentenced each a fine of 500,000 pesos and 10 years. imprisonment with no parole. The respondents appealed the case in the Court of Appeals, which was later denied. The Supreme Court heard the case in 2019 and re-affirmed the decision of the Manila RTC and Court of Appeals finding the respondents guilty of all charges and issued a permanent injunction to the respondents with dismissal from public service with no titled benefits. QUESTION: In your capacity as a professional lawyer/environmentalist/geologist, find out what charges were the respondents guilty of related environmental laws by citing it together with its appropriate penalties. Do you agree with the Manila RTC's rulings? Elaborate your stand.
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DIRECTION: Analyze the case below and answer the question below. Use all applicable Philippine environmental laws.
SCENARIO:
In the case of People of the Philippines vs. Santiago del Mar Holdings LLC vs. Local Government of Rizal vs. DENR vs. Joel
Pagatpatan, Sammy Bingil, and Raymond Bagandino, the following facts of the case are hereby set, such that,
1) Mr. Pablo Ramirez ventured a large cave system in the Municipality of Rizal with a long-time colleague and geologist Mr.
Sammy Bingil in July 2015. The two found out that the cave system is a landmark biodiversity hotspot with 150 endangered
endemic species protected by Philippine Laws. It was also found that the waters running along the cave floor and walls are
black, had a nasty smell similar to burnt tires and rusty iron nails, and is acidic Their findings was reported to the LGU Rizal
through Mr. Joel Pagatpatan, the MENRO Officer,
2) The MENRO Office reported the findings to then-Municipal Mayor Ramon Bagandino, who later ordered a thorough
investigation in October 2015. The investigation report by Mr. Pagatpatan was kept in his office for safekeeping:
3) Three years later, a typhoid epidemic hit the Municipality of Rizal with a death toll of 4,500. An investigation was then
initiated by orders of now Mayor Pagatpatan and Vice Mayor Bagandino and it was found that the local groundwater was
sourced from the springs that sprouted from the cave that Mr. Ramirez and Mr. Bingil found in 2015. Fearing the possibility of
public backlash and administrative case, Mayor Pagatpatan bumed the hard copy of the 2015 Investigation Report, unaware
that an electronic copy was sent to the DENR-EMB Regional Office by his assistant in 2017;
4) With the epidemic going viral, the Regional EMB Office launched an investigation into Mayor Pagatpatan and Vice Mayor
Bagandino using the archived electronic copy of the 2015 Investigation Report as justifiable cause. The two officials were then
arrested awaiting trial
5) During the trial, it was found that the pollution of the groundwater from the cave system, first seen by Mr. Ramirez and Mr.
Bingil in 2015, was due to an illegal wastewater pump from the Santiago del Mar Holdings LLC, a tire and metal company 2 km
from the cave entrance,
6) During the last trial, it was found that Santiago del Mar Holdings LLC was already convicted of another illegal waste
dumping in 2010 and 2013 and was sentenced with a permanent cease and desist order to operate by the Manila Regional
Trial Court. It was also found that the company obtained a Permit to Operate from the Municipality of Rizal by then-Mayor
Bagandino under the recommendations of then-MENRO Officer Mr. Pagatpatan. Moreover, an ECC Permit was given to the
company by then DENR-EMB Regional Office in 2014, with records showing that the permit was given by Mr. Bingil, then OIC-
RD Appointee, with the signed ECC application but no technical review report or any related report found,
7) Due to the grievous consequences of the case, the Manila RTC passed the guilty sentenced to all respondents, guilty of all
charges related to environmental laws, and sentenced each a fine of 500,000 pesos and 10 years. imprisonment with no
parole. The respondents appealed the case in the Court of Appeals, which was later denied. The Supreme Court heard the
case in 2019 and re-affirmed the decision of the Manila RTC and Court of Appeals finding the respondents guilty of all charges
and issued a permanent injunction to the respondents with dismissal from public service with no titled benefits.
QUESTION:
In your capacity as a professional lawyer/environmentalist/geologist, find out what charges were the respondents guilty of
related environmental laws by citing it together with its appropriate penalties. Do you agree with the Manila RTC's rulings?
Elaborate your stand.
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