SC Slaps Yapak Barangay Captain with P500K Fine over Open Dumpsite

Boracay Islannd- The Supreme Court (SC) has upheld the conviction of a Barangay Captain in Boracay Island, Malay, Aklan, for violating the Ecological Solid Waste Management Act of 2000 and ordered him to pay a PHP 500,000 fine for allowing the operation of an open dumpsite.

In a 29-page decision penned by Associate Justice Maria Filomena Singh, the SC’s Third Division affirmed the Court of Appeals’ (CA) ruling finding Yapak Boracay Island, Malay, Aklan Barangay Captain Hector Casidsid guilty of violating Section 48(9), in relation to Section 37, of Republic Act No. 9003 Ecological Solid Waste Management Act of 2000.

The case stemmed from the complaint-affidavit filed before the Office of the Ombudsman in 2013, which alleged that a substantial portion of the property owned by complainant Leo Neil Tirol in Sitio Ilig-iligan, Barangay Yapak, Boracay, was utilized as a dump site without his consent.

The Office of the Ombudsman found probable cause to charge Hector with the crime of violation of Section 48, in relation to Section 37, of Republic Act No. 9003. Thus, the complaint was filed before the Municipal Circuit Trial Court (MCTC) of Buruanga-Malay.

Hector denied that he had used the property as an open dump site but pointed out that it was a private entity that caused the dumping of garbage. Hector claimed that a certain Roberto Tirol, who was presumably a co-owner of the property, entered into an agreement with the private entity that allowed the latter to engage in garbage dumping activities in the area.

The Municipal Circuit Trial Court convicted Hector of the crime charged and sentenced him to pay a fine of PHP 500,000.00. The said ruling was subsequently affirmed by the Regional Trial Court, paving the way for him to elevate the case before the Court of Appeals.

The appellate court upheld his conviction, noting that the Office of the Ombudsman has the power to file cases against public officers cognizable by the regular courts such as the MCTC or RTC.

In affirming the CA decision, the high court noted that ownership of the property is not a valid defense for the crime of violation of Section 48(9), in relation to Section 37, of Republic Act No. 9003.

It emphasized that Section 48(9) of the said law is a straightforward penal provision that prohibits the following acts: (a) establishment of open dumps; (b) operation of open dumps; and (c) closure of open dumps.

The SC explained that the said law specifically prohibits the establishment and operation of open dumps, including any practice or disposal of solid wastes by any person, including local government units, which constitutes the use of open dumps for solid waste. An “open dump” is a “disposal area wherein the solid wastes are indiscriminately thrown or disposed of without due planning and consideration for environmental and health standards.

“A textual reading of Section 48(9) of Republic Act No. 9003 shows that ownership of the property being used as an open dump is not an element of the crime. More so, it is not a requirement for the filing of a criminal case in court,” the Supreme Court said.

It emphasized that the prosecution was able to prove that all the elements of violation of Section 48(9) of Republic Act No. 9003 are present in the case of Hector. The said law clearly prohibits the establishment or operation of open dumps.

The highest bench directed the Municipality of Malay, Aklan, to conduct clean-up operations and permanently close the subject dump site in accordance with the provisions of Republic Act No. 9003.-Batas Ph

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