REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
BRANCH 1
CITY OF ANGAT, BULACAN

HECTOR MAYEL MACAPAGAL.,

Plaintiff,

- versus ENVIRONMENTAL
CASE No. 1234
For Damages with
Prayer
for
the
Temporary
Restraining
Order
and
Specific
Performance
TIRE RECYCLERS INCORPORATED (TRI),
Defendants.
x----------------------------------------------------x

PRE-TRIAL BRIEF
COMES NOW defendant TIRE RECYCLERS INCORPORATED (TRI) by its
undersigned attorneys, respectfully submits its Pre-Trial Brief.

I.

ADMITTED FACTS AND PROPOSED STIPULATIONS

Defendant admits only those facts stated in the Answer and further proposes the
following stipulation of facts:
1.

Plaintiff Hector Mayel Macapagal is a citizen of the Philippines and

is a resident of Angat, Bulacan.

2.

Defendant TRI is a domestic corporation duly organized and existing

under and by virtue of the laws of the Republic of the Philippines.

3.

In 2007, defendant TRI applied for an environmental compliance

certificate (ECC) from the Department of Environment and Natural
Resources - Environmental Management Bureau (DENR - EMB).
1|Page

After having duly complied with the requirements and processes

established in the Revised Procedural Manual for DAO 2003-30, the
DENR EMB issued an ECC in favor of the defendant.
4.

In January 2008, a tire recycling facility owned and operated by

defendant Tire Recyclers Incorporated and using the tire pyrolysis
technology was opened near plaintiffs property.

5.

On 1 December 2013, without any prior notice and hearing, the

DENR EMB issued a Cease and Desist Order and a Permanent
Closure Order against defendant.

6.

The defendant ceased the operation of its facility immediately after

being served the Cease and Desist Order and the Permanent
Closure Order.
The defendant received, through undersigned counsel, plaintiffs

7.

complaint dated 21 February 2014 on 24 February 2014 at 5:51AM,

approximately two (2) days late from the deadline set by this
Honorable Court.

II.

POSSIBILITY OF SETTLEMENT

Herein defendant, without admitting liability or waiving any of his right or

defenses, is open to any amicable settlement that is fair and reasonable under the
circumstances.

III.

ISSUES

1.

Whether or not plaintiff has a cause of action against defendants;

2.

Whether or not the proximate cause of the alleged worsening air

quality is the operation of TRIs factory in Bulacan;

3.

Whether or not the Cease and Desist Order and Permanent Closure
Order issued by the EMB are valid and regular;

4.

Whether or not the defendants are entitled to damages

IV.
1.

APPLICABLE LAWS AND JURISPRUDENCE

New Civil Code of the Philippines;

2.

Relevant Decisions of the Honorable Supreme Court.

3.

Philippine Environmental Impact Statement System Law (PD1686)

4.

Clean Air Act (Ra 8749)

5.

DENR ADMINISTRATIVE ORDER No. 81 (Implementing Rules And

Regulations For RA 8749 [The Philippine Clean Air Act of 1999])

V.
A.

EVIDENCE TO BE PRESENTED

DOCUMENTARY EVIDENCE
1. ANNEX 1 Certificate of Registration (Bureau of Internal Revenue)
2. ANNEX 2 Certificate of Incorporation (Securities and Exchange
Commission)
3. ANNEX 3 DENR-PAMB Checklist
4. ANNEX 4 Environmental Compliance Certificate
5. ANNEX 5 Permit to Operate (DENR-PAMB)
6. ANNEX 11 Certificate of Health of Martin Uy
7. ANNEX 12 Certificate of Health of Norman Velasco

B.

TESTIMONIAL EVIDENCE
Defendant intends to present five (5) witnesses, through the submission of

their respective judicial affidavits, to testify in the instant case. These witnesses
are the following:

1. Engr. Marian Yambao Expert witness: Supplier & developer of the

tire pyrolysis machine [ANNEX 6]
The testimony of the witness is being offered to prove:
a. That the operations of TRI are not harmful to human health
and the environment;
b. That the standards and regulations by local laws are observed
by the machines being operated by TRI; and

c. Other matters necessary to establish the allegations in the

Answer.
2. Martin Uy Resident of Angat, Bulacan and President of the
Subdivision [ANNEX 7]
The testimony of the witness is being offered to prove:
a. That there is no cause of action;
b. That the alleged sickness in the community is a remote case;
c. He and his family are in perfect health and condition;
d. That there is no direct nor proximate cause that will connect
the sickness of the members of the community and the
operation of Tire Recyclers Incorporated (TRI); and
e. Other matters necessary to establish the allegations in the
Answer.
3. Martin Syjuco - Manager of Tire Recyclers Incorporated [ANNEX 8]
The testimony of the witness is being offered to prove:
a. That TRI has complied with all the requirements of the law and
has observed all the industry standards;
b. That the operations of TRI are not harmful to human health
and the environment;
c. Lack or irregular service of cease and desist order; and
d. Other matters necessary to establish the allegations in the
Answer.
4. Norman Velasco Security Guard of Tire Recyclers Incorporated
[ANNEX 9]
The testimony of the witness is being offered to prove:
a. That the operations of TRI are not harmful to human health
and the environment;
b. Lack or irregular service of cease and desist order; and

c. Other matters necessary to establish the allegations in the

Answer
5. Mae Sandoval Barangay Chairwoman of Barangay Laging Handa,
Angat, Bulacan [ANNEX 10]
The testimony of the witness is being offered to prove:
a. Social acceptability of TRIs Facility through a favorable
endorsement by the LGU; and
b. Other matters necessary to establish the allegations in the
Answer.

C.

RESERVATION
Herein defendant reserves the right to present such other witnesses and

documents as may be available and essential during the trial.

VI. NUMBER OF HOURS REQUIRED

FOR PRESENTATION OF EVIDENCE
One calendar day for two (2) hours, more or less.

VII.

MODES OF DISCOVERY AND REFERRAL TO THE

COMMISSIONERS

The defendant hereby manifests its intention to avail itself discovery

procedures like production of pertinent documents and referral to the
commissioners.

VIII. TRIAL DATES

Herein plaintiff shall be available for trial on the dates to be mutually agreed
upon by the parties during the pre-trial conference.

PRAYER
WHEREFORE, defendant TIRE RECYCLERS INC. respectfully prays that
this Pre-Trial Brief be duly noted and made of record.

Manila, Philippines, 27 February 2014.

FIGUEROA LEVANZA & ASSOCIATES

Counsel for the Defendant
9th Flr Brother Andrew Gonzales Bldg.,
Taft Avenue, Manila
By:
MARIA CRISELDA FIGUEROA
PTR O.R. No. 2094513
Issued on Jan. 7, 2013/Manila City
IBP O.R. No. 800592/Dec. 7, 2013
Manila City Chapter
Roll No. 45143
MCLE Compliance No. III-0005903
Issued on December 18, 2013

ERNEST LEVANZA
PTR O.R. No. 11186259
Issued on Jan. 7, 2013/ Manila City
IBP O.R. No. 126789/ Dec. 7, 2013
Manila City Chapter
Roll No. 16739
MCLE Compliance No. II-8723689
Issued on December 18, 2013

COPY FURNISHED:

LAW FIRM OF CONSUNJI TARCELO & ASSOCIATES

Counsel for the Plaintiff
6th Flr., Andrew Gonzales Hall,
Taft Avenue, Manila