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the RTC, sitting as an environmental court, the outright dismissal of the case was still
not proper, especially considering that We have already established that it is the regular
courts and not the NCIP, which has jurisdiction over the same. Section 3,[36] Rule 2 of
A.M. No. 09-6-8-SC explicitly states that if the complaint is not an environmental
complaint, the presiding judge shall refer it to the executive judge for re-raffle to the
regular court.
With this, it is not only proper but also necessary that the other issues obtaining in this
case should be addressed in the proceedings before the trial court.
WHEREFORE, premises considered, the instant petition is GRANTED. The assailed
Orders of the Regional Trial Court of Baguio City, Branch V, dated March 2, 2017 and
April 3, 2017 are hereby NULLIFIED and SET ASIDE. Accordingly, Environmental
Case No. 8548-R is REINSTATED for proper disposition.
SO ORDERED.
Sereno, C. J., on leave.
Carpio,** Velasco, Jr., Leonardo-De Castro, Peralta, Bersamin, Del Castillo, PerlasBernabe, Leonen, Jardeleza, Caguioa, Martires, Reyes, Jr., and Gesmundo, JJ., concur.
NOTICE OF JUDGMENT
Sirs/Mesdames:
Please take notice that on March 6, 2018 a Decision/Resolution, copy attached
herewith, was rendered by the Supreme Court in the above-entitled case, the original
of which was received by this Office on April 6, 2018 at 2:25 p.m.
Very truly yours,
(SGD)
EDGAR O.
ARICHETA
Clerk of Court
** Acting Chief Justice per Special Order No. 2539, dated February 28, 2018.
[1] Rendered by RTC Presiding Judge Maria Ligaya V. Itliong-Rivera, rollo, pp. 3-29.
[2] Id. at 30-31.
[3] Id. at 32-33.
[4] Id. at 34-40.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63937
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