Malabanias residents led by Engr. Jose Pineda (5th from right) show a copy of their petition after filing it at the Angeles RTC Wednesday assisted by Atty. Isko Yabut (right) with the support of former councilor and staunch environmentalist Louie Reyes (2nd from right).
PHOTO BY ASHLEY MANABAT
ANGELES CITY – Residents are up in arms over an open dumpsite in Barangay Malabanias here prompting them to file a Temporary Environmental Protection Order (TEPO) in court Wednesday against the village chief for violation of Republic Act 9003, otherwise known as the Ecological Solid Waste Management Act of 2000 (Solid Waste Act).
The residents led by Engr. Jose S. Pineda, Antonio S. Oreta, spouses Luciano and Maria Pamintuan, Violeta F. Domingo, Ines Luz V. Mendoza, Alicia T. Eugenio, Ermenegilda S. Roque, and Louie T. Reyes assisted by their lawyer petitioned the court for “Prohibition and Continuing Mandamus with application for TEPO.”
The petitioners’ lawyer, Francisco Yabut, said they want the court to order the permanent closure of the dumpsite located near the Abacan River in the said barangay. Yabut said the respondent, Barangay Captain Reynaldo Gueco, should immediately clean the area and prevent the further dumping of garbage on the site.
The lawyer said he applied for a “special raffle” upon filing of the petition last Wednesday which will automatically course it to Executive Judge Omar Viola who will decide if a 72-hour TEPO is warranted. It will then be assigned to the sala of RTC 59 Judge Angelique Quiambao, he added.
Yabut said RTC 59 is dedicated as the “green court” where all environmental issues are threshed out. Pineda said the open dumpsite is less than 100 meters from his residence in Hensonville Subdivision in the said barangay.
Pineda said Barangay Captain Gueco has remained indifferent despite talking to him regarding the stench from the dumpsite and the pestering flies and rats in their area. He said Gueco continues to operate and use the open dump located in a vacant lot owned by the Henson Enterprises beside the Abacan River.
Pineda said the foul odor has caused discomfort to him and to his family as well as to his neighbors. He also said his wife, who is suffering from kidney failure and undergoing dialysis, was brought to the Mount Carmel hospital on June 25 after contracting infection caused by the polluted air.
Pineda said on July 7, he personally talked to Gueco about the issue but until this time, the open dump is still open and operating. Reyes, a staunch environmentalist and green warrior, said he joined the petitioners in his personal capacity to lend support to and express his solidarity with the complaining Malabanias residents.
“We availed ourselves of the remedy of the law which is the TEPO. We have the same cause with the complainants,” he said. Gueco cannot be reached for comment despite calls to his cellphone.
Meanwhile, City Environment and Natural Resources Officer (CENRO) Francisco Pangilinan said “the city government will be strict in its waste segregation program by accepting only residual wastes from the barangays effective Oct.15.
The barangays will be responsible for the management of biodegradable wastes.”
