Republic of the Philippines

COURT OF APPEALS
Manila
GEMMA C. DELA CRUZ, FIDEL E. AMOYO, VIOLETA M. CRUZ, ZENAIDA C.
MANGUNDAYAO, ANDRES M. COMIA, MARJORIE N. PABLO, MARIA TERESITA R.
CANON, JOEL JULIUS A. MARASIGAN, GINALYN V. CACALDA, BABY LYNN E.
TAGUPA, LYDIA B. RAYOS, JESUS R. PUENTE, JACINTO R. RICAPLAZA, ARMANDO
P. PADILLA, FLORENTINO MARTINEZ, MARIE AMELITA R. MICIANO, LYDIA R.
MICIANO, MA. LOURDES U. LACSON, JUAN CARLOS C. GAON, MA. BLEZIE C.
GAON, AUREA A. PARAS, REMEDIOS Z. MORENO, MARIA JUANA N. CARRION,
ALICIA K. KATIGBAK, JEDEDIA M. TUMALE, VICENTA M. MORALES, REYNALDO
G. MARQUEZ, MARIA LUISA V. GORDON, NOEMI M. GOMEZ, MARIA CHRISTINA
D. RIVERA, CATHERINE D. ROMERO-SALAS, MERCEDITA O. BELGADO, REV. FR.
EDWIN EUGENIO MERCADO, MA. CONCEPCION M. YABUT, REYNALDO Z.
SANTAYANA, ANGELO D. SULIT, ALFREDO A. GLORIA, JR., MICHAEL L. DE
JESUS,

JUSTIN

MARC

CHIPECO,

KAREN

HAZEL

GANZON

and

JIMMY

FAMARANCO,
Petitioners,
- versus

CA-G.R.

SP.

NO.

________________

(Petition for Writ of Kalikasan with prayer for Temporary Environmental Protection
Order [TEPO])
MANILA ELECTRIC COMPANY (MERALCO), BARANGAY CHAIRMAN CESAR S.
TOLEDANES, in his capacity as Barangay Chairman of Barangay 183, Zone 20,
Villamor, Pasay City, BARANGAY COUNCIL OF BARANGAY 183, ZONE 20,
VILLAMOR AIR BASE, PASAY CITY, RUTH M. CORTEZ, RICARDO R. DIMAANO,
LEONARDO A. ABAD, NORMITA CASTILLO and AMANTE C. CACACHO, in their
capacity as Members of the Barangay Council of Barangay 183, Zone 20, Villamor, Pasay
City

and

MANILA

INTERNATIONAL

AIRPORT

AUTHORITY

(MIAA),

Respondents.
xx
PETITION FOR WRIT OF KALIKASAN
WITH PRAYER FOR THE ISSUANCE OF A TEMPORARY ENVIRONMENTAL
PROTECTION ORDER (TEPO)
Petitioners, through the undersigned counsel, and to this Honorable Court, respectfully
state that:
PREFATORY STATEMENT

1. What use will modernization serve if it proves to be a scourge on an individuals

fundamental right, not just to health and safety, but, ostensibly, to life preservation
itself, in all of its desired quality?[1]
NATURE OF THE PETITION
2. This is a petition for the issuance of a Writ of Kalikasan, filed with this Honorable
Court pursuant to Rule 7 of A.M. No. 09-6-8-SC, otherwise known as the Rules of
Procedure for Environmental Cases, concerning as it is the violation of the
constitutional rights of the residents of the Cities of Pasay and Makati to a balanced and
healthful ecology.
PARTIES
3. Petitioners are residents and inhabitants of Barangay 183-Villamor, Zone 20, Pasay
City andMagallanes Village, Makati City, all of legal age, Filipinos, with capacity to sue,
and residents of the following addresses, respectively:
Name
Address
GEMMA C. DELA CRUZ
40 Mata St. cor. Manlunas Extension, Barangay Villamor, Pasay City
FIDEL E. AMOYO
P 36-08 9th cor. 2nd Sts., Barangay Villamor, Pasay City
VIOLETA M. CRUZ
Barangay Villamor, Pasay City
ZENAIDA C. MANGUNDAYAO
F11 4th 21st St., Villamor Air Base,Pasay City
ANDRES M. COMIA
P36-10 9th St., Villamor Air Base,Pasay City
MARJORIE N. PABLO
B85 L9, 12-27th St., Villamor Air Base,Pasay City
MARIA TERESITA R. CANON
P-11-24 3rd St., Villamor Air Base,Pasay City
JOEL JULIUS A. MARASIGAN
U203 EAM Apratments 6th St., Villamor Air Base, Pasay City
GINALYN V. CACALDA
P57-05 17th St., Villamor Air Base,Pasay City
BABY LYNN E. TAGUPA
F1 4th St., Barangay Villamor, PasayCity
LYDIA B. RAYOS
P18-03 7th-12th St., AMs Village, Barangay Villamor, Pasay City

JESUS R. PUENTE
P35-09 9th St., Airmens Village, Barangay Villamor, Pasay City
JACINTO R. RICAPLAZA
Block 72 Lot 25, 17th St., Villamor Air Base, Pasay City
ARMANDO P. PADILLA
18 Sta. Rosa St., Magallanes Village,Makati City
FLORENTINO L. MARTINEZ
20 Magdalena Circle, MagallanesVillage, Makati City
MARIE AMELITA R. MICIANO
23 Humabon St., Magallanes Village,Makati City
LYDIA R. MICIANO
23 Humabon St., Magallanes Village,Makati City
MA. LOURDES U. LACSON
29 Humabon St., Magallanes Village,Makati City
JUAN CARLOS C. GAON
AA 428 Galeria de Magallanes,Magallanes Village, Makati City
MA. BLEZIE C. GAON
AA 428 Galeria de Magallanes,Magallanes Village, Makati City
AUREA G. PARAS
16 Encarnacion St., MagallanesVillage, Makati City
REMEDIOS Z. MORENO
14 Socorro St., Magallanes Village,Makati City
MARIA JUANA N. CARRION
AB 105 Galeria de Magallanes,Magallanes Village, Makati City
ALICIA K. KATIGBAK
35 Limasawa St., Magallanes Village,Makati City
JEDEDIA M. TUMALE
38 Trinidad St., Magallanes Village,Makati City
VICENTA M. MORALES
43 Magdalena St., MagallanesVillage, Makati City
REYNALDO G. MARQUEZ
B102 Galeria de Magallanes,Magallanes Village, Makati City
MARIA LUISA V. GORDON
60 San Gregorio St., MagallanesVillage, Makati City
NOEMI M. GOMEZ
22 Humabon St., Magallanes Village,Makati City
MARIA CHRISTINA D. RIVERA
18 Homonhon St., MagallanesVillage, Makati City
CATHERINE D. ROMERO-SALAS
4 San Pablo St., Magallanes Village,Makati City

MERCEDITA O. BELGADO
30 Magdalena St., MagallanesVillage, Makati City
REV. FR. EDWIN E. MERCADO
St. Alphonsus Mary de Ligouri Church, Humabon St., MagallanesVillage, Makati City
MA. CONCEPCION M. YABUT,
Magallanes Village, Makati City
REYNALDO Z. SANTAYANA,
20 Limasawa St., Magallanes Village,Makati City
ANGELO D. SULIT
37 Homonhon St., MagallanesVillage, Makati City
ALFREDO A. GLORIA, JR.
24 Mactan St., Magallanes Village,Makati City
MICHAEL L. DE JESUS
Asia Pacific College, Humabon St.,Magallanes Village, Makati City
JUSTIN MARC CHIPECO
36 Magdalena St., MagallanesVillage, Makati City
KAREN HAZEL GANZON
36 Magdalena St., MagallanesVillage, Makati City
JIMMY FAMARANCO
Magallanes Village, Makati City
Petitioners may be served with the orders, resolutions, notices and processes of this
Honorable Court through their counsel of record, Atty. H. Harry L. Roque, Jr., at Roque
and Butuyan Law Offices, 1904 Antel Corporate Centre, 121 Valero Street, Salcedo
Village, 1227 Makati City, Philippines.
4. Respondent MANILA ELECTRIC COMPANY (MERALCO) is a domestic corporation
created and organized pursuant to the laws of the Republic of the Philippines with
principal office address atMERALCO Building, Ortigas Avenue, Pasig City, where it may
be served with summons and other processes of this Honorable Court.
5. Respondent BARANGAY CHAIRMAN CESAR S. TOLEDANES is the Barangay
Chairman of Bgy. 183, Zone 20, Villamor, Pasay City where he may be served with
summons and other processes of the Honorable Court.
6. Respondent BARANGAY COUNCIL OF BARANGAY 183, ZONE 20, VILLAMOR,
PASAYCITY, composed of:
a. Respondent RUTH M. CORTEZ, of legal age, Filipino;
b. Respondent RICARDO R. DIMAANO, of legal age, Filipino;
c. Respondent LEONARDO A. ABAD, of legal age, Filipino;
d. Respondent NORMITA CASTILLO, of legal age, Filipino; and

e. Respondent AMANTE C. CACACHO, of legal age, Filipino,

are holding office at the Barangay Hall of Barangay 183 located at Barangay 183, Zone
20, Villamor, PasayCity, where they may be served with summons and other processes
of this Honorable Court.
7. Respondent MANILA INTERNATIONAL AIRPORT AUTHORITY (MIAA) is a
government agency created and organized pursuant to the laws of the Republic of the
Philippines, vested with the power to administer and operate the Ninoy Aquino
International Airport III (NAIA 3), and with principal office address at MIAA
Administration Building, NAIA Complex Pasay City, where it may be served with
summons and other processes of the Honorable Court.
STATEMENT OF FACTS
8. Barangay 183 Zone 20, Villamor, Pasay City (hereinafter referred to as Barangay
183, for brevity) used to be part of the Villamor Air Base. It was thereafter converted
into a private residential land pursuant to Republic Act No. 7227, otherwise known as
An Act Accelerating the Conversion of Military Reservations Into Other Productive
Uses, Creating the Bases Conversion And Development Authority For This Purpose,
Providing Funds Therefor And For Other Purposes. As such, the said parcel of land was
subdivided and afterwards sold and awarded to its inhabitants, including herein
Petitioners.
9. Magallanes Village (hereinafter referred to as Magallanes Village, for brevity) is a
residential area located in Makati City adjacent to Barangay 183.
10. The Petitioners are existing residents and inhabitants of Barangay 183 and
Magallanes Village. Some of them have likewise established their respective businesses
and livelihood therein.
11. On 13 July 2009, without the prior authority from and approval by Respondent
Barangay Council of Barangay 183, Zone 20, Villamor Air Base, Pasay City (hereinafter
referred to as Respondent Barangay Council) and without the prior consultation with
the constituents of the barangay, Respondent Barangay Chairman Cesar S. Toledanes
(hereinafter referred to as Respondent Toledanes) issued a Barangay Working Permit
Clearance for the installation of 115 KV sub-transmission lines and poles at the10th and
12th Streets of Barangay 183.[2]
12. Belatedly, however, on 02 September 2009, Respondent Barangay Council,
composed of Respondents Cesar Toledanes, Ruth Cortez, Ricardo Dimaano, Leonardo
Abad, Normita Castillo and Amante C. Cacho, passed Barangay Resolution No. 40-S2009, authorizing Respondent Toledanes to issue a Barangay Permit authorizing

respondent MERALCO to install high voltage power lines and poles at the 10thand 27th
Streets of Barangay 183.[3] Similar to the Working Permit Clearance issued, Barangay
Resolution No. 40-S-2009 was issued without a prior consultation with the constituents
of the barangay.
13. Also, despite the close proximity of the installation of the high tension wires and
poles to the nearby Magallanes Village in Makati City, the residents and inhabitants of
the same were not notified or consulted with respect to such plans.
14. Thus, sometime in August 2010, Respondent MERALCO began erecting towering
posts along the 10th, 12th and 27th streets of Barangay 183 and lining the perimeter wall
between Barangay 183 andMagallanes Village.[4] The thirty (30) foot-high poles will
hold the transmission lines that will supply more or less one hundred fifteen (115)
Kilovolts (KV) of electricity to the Ninoy Aquino International Airport III (NAIA 3).
15. Petitioners were not informed that Respondent MERALCO was going to erect such
posts in Barangay 183 either by Respondent MERALCO, Respondent MIAA, who
administers and operates the Ninoy Aquino International Airport III (NAIA 3), and
Respondents Toledanes, Ruth Cortez, Ricardo Dimaano, Leonardo Abad, Normita
Castillo and Amante C. Cacacho, who are the barangay officials of Barangay 183. As
such, Petitioners were surprised to find out Respondent MERALCO had already begun
erecting the said posts without their knowledge and without public discussion.
16. The high tension transmission lines shall traverse the entire 10th and 12th streets of
Bgy. 183, and shall pass along the concrete wall separating Barangay 183 of Pasay City
and Magallanes Village of Makati City.
17. On 18 October 2010, Petitioner Gemma dela Cruz, on behalf of the other Petitioners,
sent a letter to Respondents Toledanes, Cortez, Dimaano, Abad, Castillo and Cacacho,
appealing for the recall of the Barangay Working Permit and Resolution No. 40-S-2009
earlier issued by them.[5] This, however, proved futile.
18. The alarming presence of the towering posts being erected in close proximity tothat
is, as near as one (1) meter fromthe respective properties of Petitioners-Residents of
Bgy. 183 and less than ten (10) meters from the respective properties of PetitionersResidents of Magallanes Village, and the hazardous effects of the high tension wires to
their health and safety, bring Petitioners to seek the intervention of this Honorable
Court.
19. Due to the urgency of the situation, as the installation and energizing of the high
tension wires will be completed by December 2010, there is a need to protect the
Petitioners from the hazardous and ill effects of the same.

GROUNDS FOR THE ALLOWANCE OF THE PETITION

ITHE INSTALLATION OF THE HIGH TENSION WIRES POSES DANGER TO THE
LIVES, HEALTH AND PROPERTY OF THE RESIDENTS OF BARANGAY 183, PASAY
CITY AND MAGALLANES VILLAGE, MAKATI CITY, INCLUDING HEREIN
PETITIONERS;
- II THE ENVIRONMENTAL DAMAGE THAT WILL BE CAUSED BY THE INSTALLATION
OF SAID HIGH TENSION WIRES WILL AFFECT THE RESIDENTS OF BARANGAY
183, PASAY CITY ANDMAGALLANES VILLAGE, MAKATI CITY;
- III THE INSTALLATION OF THE SAID HIGH TENSION WIRES VIOLATES
PETITIONERS CONSTITUTIONAL RIGHT TO A BALANCED AND HEALTHFUL
ECOLOGY AS WELL AS ESTABLISHED ENVIRONMENTAL LAWS, RULES AND
REGULATIONS.
- IV THE ISSUANCE OF THE BARANGAY WORKING PERMIT CLEARANCE AND
RESOLUTION NO. 40-S-2009 WAS TAINTED WITH IRREGULARITIES
-VTHERE IS ANOTHER SUITABLE AND SAFER ROUTE FOR RESPONDENT
MERALCOS POWER TRANSMISSION PROJECT
DISCUSSION
I- THE INSTALLATION OF THE HIGH TENSION WIRES POSES DANGER TO THE
LIVES, HEALTH AND PROPERTY OF THE RESIDENTS OF BARANGAY 183, PASAY
CITY AND MAGALLANESVILLAGE, MAKATI CITY, INCLUDING HEREIN
PETITIONERS
================================
20. Scientific studies and research have revealed that there are health risks involved in
prolonged exposure to electromagnetic field or radiation. The risks include cancer,
leukemia in children, Alzheimers disease, depression, miscarriages, headaches, memory
loss and insomnia, to name a few.[6]
21. Alasdair and Jean Philips, in their book, The Powerwatch Handbook, published in
2006, noted that there are links between disease such as leukaemia and
electromagnetic fields (EMFs) and cites several instances of such, thus:

In Abergavenny, in Wales, 4 neighbors living near powerlines developed brain tumours

over a period of 18 months.
In the 8 houses closest to powerlines in Kilmarnock, Scotland, 9 people have died of
cancer over the last 15 years.
In Dalmally, also in Scotland, in a small estate of 36 houses under a 275,000-volt
powerline, 8 people died of cancer in 5 years, and 3 of motor neurone disease (MND).
A street in Exeter, Devon, where a 132,000-volt electricity pylon looms outside the
homes of some of the residents has been dubbed Death Road. In 28 houses, 23 people
havedied from heart disease or cancer. In fact, the number of cancer deaths on the road
is five times higher than the norm for Devon and Cornwall. Residents also complain of
depression, headaches and memory loss.
xxxxxxxxx
In 1989, the Studholme family bought a bungalow in Great Manchester. An electricity
meter in a cupboard in the hallway emitted a strong electromagnetic field through the
wall into the front bedroom. Their son Simon slept with his head less than a yard from
this meter. He started to complain of pains, but the doctors found nothing wrong.
Within 18 months he had developed acute lymphatic leukaemia. He died in 1992 at the
age of 13. Subsequent tests revealed that Simon had been sleeping in an electromagnetic
field over 2.5 microtesla (a measurement of electromagnetic field strength), more than
sixty times the average exposure level in UK homes. x x x[7]
22. Moreover, there are also a good number of evidence that electromagnetic fields play
a role not only in the development of brain and breast cancers but also of Alzheimers
disease, depression and suicide, ALS or the Lou Gehrigs disease which is a form of
motor-neurone disease, incidents of miscarriages, and the development of the
condition, known variously as electrosensitivity or electromagnetic hypersensitivity.[8]
23. Another concern that should be raised is the inevitable devaluation of the properties
exposed to these high powered transmission lines. Because of their close proximity to
the properties of Petitioners, the high voltage transmission lines would certainly restrict
the height of the buildings, houses and structures that could be built on Petitioners
properties. The presence itself of these gigantic steel posts, with huge cables strung to
them, towering over Petitioners properties would surely scare away prospective buyers
in case Petitioners decide to sell their properties. Undoubtedly, these circumstances
mean a diminution of the value of their properties and loss of possible income and
business opportunities.

24. Also, these high tension transmission lines shall transmit one hundred fifteen (115)
Kilovolts of electricity to NAIA 3. However, the actual voltage may turn out to be higher
considering the thirty (30) Megavolt (or 30,000 Kilovolt) requirement for the full
operation of the NAIA 3. This increased electric currents passing through these high
tension transmission lines would concomitantly result in the increased risk that the
Petitioners and the other inhabitants of Barangay 183 and Magallanes Village are faced
with.
25. Granting that the voltage that would be transmitted by these powerlines is only
equivalent to 115KV, still the required distance for the electromagnetic field level to be
within safe limits is around eighty seven (87) meters away.[9] In the instant case, the
high tension transmission lines being erected by Respondent MERALCO are being
constructed within a distance of less than one (1) meter from the houses and properties
of the Petitioners-residents of Barangay 183 and less than ten (10) meters from the
houses and properties of Petitioners-residents of Magallanes Village. Worse, there are
two rows of these MERALCO posts holding the high tension wires and they are installed
within close distance from each other, flanking residential houses, which will
unfortunately absorb the concentrated EMFs that will be emitted by the transmission
lines from both sides.
26. Sadly, if this kind of power transmission project is not immediately aborted,
Barangay 183 and Magallanes Village, will one day have their own versions of the socalled death roads with their inhabitants as the guinea pigs in this great electromagnetic experiment.[10]
27. The health risks linked to exposure to electromagnetic fields were raised by the
residents ofDasmarias Village, Makati as their battlecry in seeking an injunctive relief
against the Power Transmission Project of the National Power Corporation (NAPOCOR)
within the said Village in the case of Eduardo F. Hernandez, et al. v. National Power
Corporation.[11]
28. In the aforementioned case, NAPOCORs 230 Kilovolt Sucat-Araneta-Balintawak
Power Transmission Project was supposed to pass through the Sergio Osmea, Sr.
Highway (South Superhighway), the perimeter of Fort Bonifacio, and Dasmarias
Village proximate to Tamarind Road, where the Dasmarias villagers homes are.
Recognizing the health and safety risks posed by the high voltage transmission lines, the
Supreme Court enjoined the NAPOCOR from further preparing and installing high
voltage cables to the steel pylons erected near the villagers homes and from energizing
and transmitting high voltage electric current through said cables.
29. Living up to its reputation as the ultimate guardian and defender of the rights of the
people, the Supreme Court, in all its wisdom and good judgment, declared:

In the present case, the far-reaching irreversible effects to human safety should be the
primordial concern over presumed economic benefits per se as alleged by the
NAPOCOR.[12] (emphasis, supplied)
30. In another case, the Supreme Court even observed that construction of residential
structures in areas where there are high tension transmission lines, was declared to be
unsafe and prohibited. Said the Supreme Court
It is not safely habitable. It is built in a subdivision area where there is an existing 30meter right of way of the Manila Electric Company (Meralco) with high-tension wires
over the property, posing a danger to life and property. The construction of houses
underneath the high tension wires is prohibited as hazardous to life and property
because the line carries 115,000 volts of electricity, generates tremendous static
electricity and produces electric sparks whenever it rained.[13] (Emphasis supplied.)
31. If because of the danger and hazard that high tension transmission lines pose,
construction of residential houses is prohibited in areas where said transmission lines
exist, then why allow the same hazardous transmission lines to be installed in
established residential areas? Clearly, for health and safety reasons, high-voltage
transmission lines and residential areas should never co-exist in the same place. By
logical inference, high voltage transmission lines, which are hazardous to life and
property, should be prohibited and should never be allowed in residential areas,
especially in densely populated ones like the herein residences of Petitioners.
32. These health hazards linked to exposure to EMFs are not the only matters which
cause alarm to the Petitioners.
33. Some of the posts which will carry the tremendous amount of electricity have not
been erected properly. Thus, some of the posts are tilting in an apparently unstable
position.[14] Thus, not only are the lives, health and property of the residents of
Barangay 183 and Magallanes Village at risk of EMF radiation but also run the risk of
being physically tumbled upon should these unstable and tilting posts give way.
34. Moreover, most if not all of the said posts erected by Respondent MERALCO
encroach into the drainage canals of Barangay 183.[15] In case of heavy rains and
typhoons, dangers of flooding will have to be expected in Barangay 183 which will
certainly affect adjacent areas, including Magallanes Village. As a matter of fact, some
areas of Barangay 183 which do not usually experience flooding caused by moderate
rainfall are now experiencing slight inundation in their area.
35. By way of example, attached herewith as Annex E to E-1, are photographs of the
effects of Typhoon Ondoy in Barangay 183.

II- THE ENVIRONMENTAL DAMAGE THAT WILL BE CAUSED BY THE

INSTALLATION OF SAID HIGH TENSION WIRES WILL AFFECT THE RESIDENTS
OF BARANGAY 183, PASAY CITY ANDMAGALLANES VILLAGE, MAKATI CITY
================================
36. Considering the high voltage that will run through the subject high tension wires, the
environmental damage is expected to have adverse effects to the inhabitants of two (2)
cities, Barangay 183 of Pasay City and Magallanes Village of Makati City. The
construction of these posts by Respondent MERALCO transcends the boundaries of
Barangay 183 in Pasay City and extends to Magallanes Village of Makati City. Presently,
a 115KV a couple of electricity pylons have already been constructed very near the wall
separating the two cities.[16] The distance separating these posts and the residential
area of MagallanesVillage is only about four (4) to five (5) meters, which undoubtedly
does not comply with the safe-distance requirement of at least 87 meters.
III- THE INSTALLATION OF SAID HIGH TENSION WIRES VIOLATES
PETITIONERS CONSTITUTIONAL RIGHT TO A BALANCED AND HEALTHFUL
ECOLOGY AS WELL AS ESTABLISHED ENVIRONMENTAL LAWS, RULES AND
REGULATIONS
================================
37. As shown hereinabove, the implementation of Respondent MERALCOs project
violates Petitioners right to health as enshrined in Section 15, Article II of the 1987
Constitution, viz.:
ARTICLE II
Declaration of Principles and State Policies
Section 15. The State shall protect and promote the right to health of the people and
instill health consciousness among them. (Emphasis supplied.)
38. In the same manner, Presidential Decree No. 856, otherwise known as the Code of
Sanitation of the Philippines, categorically prohibits the installation of high tension
transmission lines in residential areas. Its Implementing Rules, issued on 16 April 1998,
in fact, provides in no uncertain terms that
7.3 Electric and Electronic Industries
7.3.1 High-tension transmission lines shall never pass overhead or underground
ofresidential areas. (emphasis, added)
39. P.D. No. 856 is cited in the recent Rules of Procedure for Environmental Cases (A.M.
No. 09-6-8-SC), promulgated on 29 April 2010, as one of the bases for filing cases
involving enforcement or violations of environmental and other related laws, rules and

regulations. On the basis of the above-quoted implementing rules of P.D. No. 856 alone,
it follows that the implementiation of Respondent MERALCOs high power transmission
project in Barangay 183, a residential area, is illegal and should never be allowed.
40. Also, the fact that these MERALCO posts obstruct the drainage system of Barangay
183, is a clear violation of Commonwealth Act No. 548 otherwise known as the
Regulation and Control of the Use of and Traffic on National Roads and Constructions,
which effectively provides that
SECTION 2. It shall be unlawful for any person to convert any part of any national road
to his private use or in any manner to obstruct or damage the same or any bridge,
culvert, drainage ditch, road sign, or other appurtenance pertaining thereto. (Emphasis
supplied.)
41. Finally, as mentioned above, the distances alone at which these high tension
transmission lines and posts are being constructed alongside the properties and homes
of Petitioners and the inhabitants of Barangay 183 and Magallanes Village, do not pass
the standards required therefor. Thus, the high tension transmission lines being erected
by Respondent MERALCO are being constructed within a distance of less than one (1)
meter from the houses and properties of the residents of said barangay contrary to the
required distance for the electromagnetic field level to be within safe limits, which is
around eighty seven (87) meters.
IV- THE ISSUANCE OF THE BARANGAY WORKING PERMIT CLEARANCE AND
RESOLUTION NO. 40-S-2009 WAS TAINTED WITH IRREGULARITIES
===========================
42. Section 27 of the Local Government Code[17] was also breached when Respondent
MERALCO and Respondent MIAA failed to comply with the requirements of prior
consultation with the residents of Barangay 183 and Magallanes Village as regards the
implementation of its project. As held in the similar case of Hernadez, et. al. vs.
NAPOCOR (supra.)
To boot, petitioners, moreover, harp on respondents failure to conduct prior
consultation with them, as the community affected by the project, in stark violation of
Section 27 of the Local Government Code which provides: no project or program shall
be implemented by government authorities unless the consultations mentioned are
complied with, and prior approval of the Sanggunian concerned is observed.
xxxxxxxxx
Moreover, the Local Government Code, requires conference with the affected
communities of a government project. NAPOCOR, palpably, made a shortcut to this
requirement. In fact, there appears a lack of exhaustive feasibility studies on

NAPOCORs part before making a go with the project on hand; otherwise, it should have
anticipated the legal labyrinth it is now caught in.
43. In the same vein, the Barangay Working Permit Clearance issued by Respondent
Toledanes to Respondent MERALCO obviously suffers from patent irregularities.
44. First, the Barangay Working Permit Clearance was issued without the authority of
the Respondent Barangay Council. The Respondent Barangay Council only approved
Barangay Resolution No. 40-S-2009 on 02 September 2009 while the Barangay
Working Permit was issued on 13 July 2009.
45. Second, the Working Permit issued by Respondent Toledanes allowed the
installation of the high voltage wires power lines and poles at the 10th and 12th Streets
of Barangay 183, while the Resolution of the Respondent Barangay Council only
authorized the construction of power lines along 10th and 27thStreets, excluding 12th
St.
46. Indubitably, Respondent Toledanes, in a series of meetings requested by Petitioners,
admitted that he and the Respondent Barangay Council did not conduct any
consultation with the affected constituents before they issued the subject permit. Thus,
the Barangay Working Permit which actually gave life to the power transmission project
of MERALCO should be struck down as illegal, issued in grave abuse of discretion and in
excess of or without authority on the part of Respondent Toledanes.
V- THERE IS ANOTHER SUITABLE AND SAFER ROUTE FOR RESPONDENT
MERALCOS POWER TRANSMISSION PROJECT.
================================
47. Respondent MERALCO may very well install the subject transmission lines along
Sales Street, Villamor Air Base, Pasay City, where there are no residential houses or
buildings and which provides a shorter distance from Respondent MERALCOs source
of electricity as compared to the circuitous route along the 10th and 12th Streets of
Barangay 183.
48. Thus, it makes no sense that the said high tension transmission lines are being
erected in an inhabited and populous area, endangering the lives of the people therein,
when it may be erected in an alternative location, which would result in a negligible
effect on the Petitioners and the inhabitants of Barangay 183 and Magallanes Village.
ALLEGATIONS IN SUPPORT OF THE APPLICATION FOR A TEMPORARY
ENVIRONMENTAL PROTECTION ORDER (TEPO)

49. For reference, Petitioners replead all the foregoing allegations in support of their
prayer for a Temporary Environmental Protection Order (TEPO);
50. The foregoing allegations undoubtedly demonstrate Petitioners clear and
unmistakable right to a healthful ecology and to be protected against any unlawful acts
involving environmental damage that tend to endanger their life, health and property;
51. Respondents MERALCO and MIAA are poised to continue with and complete the
installation of the high tension wires along the entire stretch of 10th, 12th and 27th of
Barangay 183 the soonest time possible as in fact Respondent MERALCO has been
working almost twenty-four (24) hours within the said areas of Barangay 183 to hasten
the completion of the acts complained of;
52. The acts complained of, aside from being unconstitutional, illegal and contrary to
established environmental rules and regulations, are clearly in violation of the foregoing
rights of the Petitioners;
53. The matter is thus of extreme urgency that, unless immediately restrained, will
inevitably cause damage to the environment, the inhabitants of Magallanes Village of
Makati City and of Barangay 183, Zone 20, Villamor of Pasay City, including the herein
Petitioners who will all suffer grave injustice and irreparable injury;
54. If not curtailed, the continuous commission by the Respondents of the acts
complained of might also render the final judgment granting the reliefs sought in the
instant petition ineffectual.
55. An Affidavit of Merit in support of Petitioners application for the issuance of a
Temporary Environmental Protection Order is hereto attached as Annex F.
EPILOGUE
56. Progress is desirable. The operation of the NAIA represents economic advancement.
It promises convenience to international travelers. A way to attract foreign investors and
bring more income for the government. The purpose is admirable, but to attain it at all
costs, even at the expense of lives and well-being of people, for whom the desired
economic development is intended in the first place, is unacceptable if not immoral. For
then, the way of accomplishing it altogether defeats its purpose. Economic gain has
never been more important than a persons right to life and well-being.
PRAYER
WHEREFORE, it is respectfully prayed of the Honorable Court that:

1. Immediately upon the filing of this petition, a Temporary Environmental Protection

Order (TEPO) and or a Writ of Kalikasan be issued, ordering Respondents and any
person acting on their behalf, to cease and desist from conducting excavation works,
installing poles and transmission lines along the entire stretch of 10th, 12th and 27th
Streets of Barangay 183, Zone 20, Villamor, Pasay City and from energizing and
transmitting high voltage electric current through the said powerlines.
2. After a summary hearing, issue a Resolution, extending the effectivity of the TEPO
until the termination of this case; and
3. After due proceedings, a Decision be rendered
(a) Making the TEPO and/or Writ of Kalikasan permanent, directing Respondents and
any person acting on their behalf, to cease and desist from conducting excavation works,
installing poles and transmission lines along the entire stretch of 10th, 12th and 27th
Streets of Barangay 183, Zone 20, Villamor, Pasay City and from energizing and
transmitting high voltage electric current through the said powerlines;
(b) Nullifying the Barangay Working Permit Clearance dated 13 July 2009 issued by
Barangay 183 Respondent Chairman Cesar S. Toledanes in favor of Respondent
MERALCO, for being unconstitutional, illegal and for having been issued with grave
abuse of discretion amounting to lack or excess of jurisdiction or authority;
(c) Nullifying Resolution No. 40, S-2009 date 2 September 2009 issued by the Barangay
Council of Barangay 183, authorizing its Respondent Barangay Chairman Cesar S.
Toledanes, to issue a clearance/permit to Respondent MERALCO to construct/install
the high tension transmission lines that will traverse the entire stretch of 10th and 27th
Streets, for being unconstitutional, illegal and for having been issued with grave abuse of
discretion amounting to lack or excess of jurisdiction or authority; and
(d) Directing the Respondents MIAA and MERALCO to remove or cause the removal of
the installed MERALCO posts and transmission lines along 10th, 12th and 27th Streets
of Barangay 183, Zone 20, Villamor, Pasay City, at the expense of said Respondents.
Petitioners pray for such other reliefs as are just and equitable under the premises.
Makati City for the City of Manila, 11 November 2010.
ROQUE AND BUTUYAN LAW OFFICES
Counsel for Petitioners
Unit 1904 Antel 2000 Corporate Centre
121 Valero Street, Salcedo Village
Makati City 1227
mail@roquebutuyan.com

Tel. No. 02 887 4445/887 3894

Fax No. 02 887 3893
By:
H. HARRY L ROQUE, JR.
Roll No. 36976
PTR No. 2115877, 01.13.10, Makati City
IBP No. 499912, Makati City, Lifetime Member
MCLE Exemption No. III-001000, 04.26.10
DEXTER DONNE B. DIZON
Roll No. 54013
PTR No. 2115880, 01.13.10, Makati City
IBP No. 811903, 01.12.10, Laguna
MCLE Compliance No. III-0013474, 04.21.10
Copy furnished:
MANILA ELECTRIC COMPANY (MERALCO)
MERALCO Building
Ortigas Avenue, Pasig City
BARANGAY CHAIRMAN CESAR S. TOLEDANES
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
BARANGAY COUNCIL OF BARANGAY 183
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
RUTH M. CORTEZ
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
RICARDO R. DIMAANO
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City

LEONARDO A. ABAD
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
NORMITA CASTILLO
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
AMANTE C. CACACHO
Barangay Hall
Barangay 183, Zone 20, Villamor
Pasay City
MANILA INTERNATIONAL AIRPORT AUTHORITY (MIAA)
MIAA Administration Building
NAIA Complex Pasay City
EXPLANATION ON SERVICE BY REGISTERED MAIL
Due to distance, time constraints and lack of messengerial services, this Petition for
Writ of Kalikasan is being served on the Respondents by registered mail.
DEXTER DONNE B. DIZON
[1] Eduardo F. Hernandez, et al. v. National Power Corporation, G.R. No. 145328,
March 23 2006.
[2] A copy of the said Working Permit Clearance dated 13 July 2009 is hereto attached
as Annex A.
[3] A copy of the said Resolution dated 02 September 2009 is hereto attached as Annex
B.
[4] Attached herewith as Annex C to C-24 are copies of the photographs of the
electricity pylons already erected and currently being erected by Respondent MERALCO
in Barangay 183.
[5] A copy of the letter is hereto attached as Annex D.
[6] Asmus, Richard, http://www.ehow.com/about_5506934_health-power-lines-nearhouses.html, rerieved 11 November 2010.
[7] Alasdair and Philips, Jean, The Powerwatch Handbook, 2006, pp. 3-5, 248.
[8] Id., pp. 28-29, 248 citing the following references, California Report, a 560-page
report. An Evaluation of the Possible Risks from Electric and Magnetic Fields (EMFs)
From Power Lines, Internal Wiring, Electrical Occupations and Appliances, 2002; Lee,

G.M. et. al., A nested case-control study of residential and personal magnetic field
measures and miscarriages, Epideomology Jan, 13(1):21-31, 2002; Perry, F.S.,
Environmental power-frequency magnetic fields and suicide, Health Physics, 41:267277, 1981; Perry, F.S., Power Frequency magnetic field: depressive illness and
myocardial infraction, Public Health, 103:177-180, 1989; Savitz, D.A., Prevalence of
depression among electrical workers, American Journal of Industrial Medicine, 25:165176, 1994.
[9] Alasdair and Philips, Jean, The Powerwatch Handbook, supra., p. 43. The ratio of
the recommended distance over the voltage of the powerlines having been computed at
0.76.
[10] Alasdair and Philips, Jean, The Powerwatch Handbook, supra., p. 2.
[11] G.R. No. 145328. March 23, 2006.
[12] Supra.
[13] Jumalon vs. Court of Appeals, G.R. No. 127767, 30 January 2002, citing the case of
Cebu Shipyard and Engineering Works, Inc. vs. William Lines, Inc. (366 Phil. 439, 452
[1999]).
[14] Annex C-8.
[15] Annexes C-9 to C-14.
[16] Annexes C-17 to C-22.
[17] SEC. 27. Prior Consultations Required.- No project or program shall be
implemented by government authorities unless the consultations mentioned in Sections
2 (c) and 26 hereof are complied with, and prior approval of the sanggunian concerned
is obtained: Provided, That occupants in areas where such projects are to be
implemented shall not be evicted unless appropriate relocation sites have been
provided, in accordance with the provisions of the Constitution.
Roque & Butuyan Law Offices
1904 Antel Corporate Center
121 Valero Street, Salcedo Village
1227 Makati City, Philippines
+632.8873894 7 +632.8873893
: mail@roquebutuyan.com