(Part 28) EN BANC | HERNANDO, J.

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(Part 28) EN BANC | HERNANDO, J.

Due process of law has two aspects: substantive and procedural. |


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Substantive due process refers to the intrinsic validity of a law that interferes with the rights of a person to his property.

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 Procedural due process, on the other hand, means compliance with the procedures or steps, even periods, prescribed by the statute, in conformity with the standard of fair play and without arbitrariness on the part of those who are called upon to administer it.


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In order that a particular act may not be impugned as violative of the due process clause, there must be compliance with both the substantive and the procedural requirements thereof. 

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[Here], As nowhere in the voluminous records of these cases have petitioners questioned the extrinsic and intrinsic validity of the Clean Water Act, there is no reason to dispute the said law. We thus restrict the discussion to whether there was a violation of procedural due process. [...]

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 During the deliberation of the case, the Board took note of the following findings, to wit:

As to the violation of Section 8 of R.A. 9275, the justification submitted by the respondent is insufficient to justify its failure to comply with the said provision. R.A. 9275 is a statutory law, compliance of which is mandatory. It is mala prohibita as opposed to mala in se. 

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The rule is that in acts mala in se there must be a criminal intent, but in those mala prohibita it is sufficient if the prohibited act was intentionally done. x x x


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It has already been cited by the Supreme Court that violation of environmental laws, are mala prohibita x x x. It is sufficient that the acts complained of were proven (and in this instance admitted), and no amount of justification will clear it of any violation.




It should be noted that the excuse offered by respondents that several customers refuse to connect is irrelevant. Section 8 of R.A. 9275 itself makes it mandatory for any sewage and septage to comply with the said rule to wit[:] 


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"Provided, further, that all sources of sewage and septage shall comply with the requirements herein". 


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Persons in violation of such mandatory provision may be held accountable in accordance with Section 28 of the said law.



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Thus, the refusal of any person under the said law is already addressed by the same law.



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Moreover, assuming that such excuse would justify non­-compliance of a mandatory provision of the law, such excuse partakes the nature of an affirmative defense. It is incumbent upon the respondent to prove his affirmative defense by clear and convincing evidence. x x x Aside from the mere statements given by the respondent, no proof or evidence was shown to justify its stance.
  


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It should further be noted that the five (5)-year period was made to provide sufficient time to comply with the interconnection of all water supply and sewerage facilities.
  

The continued failure of providing a centralized sewerage system in compliance with the said law means that several sewage line continues to dump and release untreated sewerage within their vicinities - resulting in unmitigated environmental pollution.

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The fact of the matter is that, because of the failure to completely centralized [sic] the sewerage system and comply with Section 8 of the law, untreated water are [sic] continuously being dumped within existing water areas and the Manila Bay, resulting in the continued pollution of the said water areas.

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Read the full decision at

https://dlupload.com/filedetail/2133281042  

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