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a. Extent of pollution in the country, per type of pollutant and per type
of source, based on reports of the Department’s monitoring
stations;
b. Analysis and evaluation of the current state, trends and projections
of air pollution at the various levels provided herein;
c. Identification of critical areas, activities, or projects which will need
closer monitoring or regulation;
Air Quality Monitoring and
Information Network.
The said report shall include, but shall not
be limited to the following:
Facts:
An action for abatement of a public nuisance with damages was filed against
private respondent, Daytona Construction & Development Company who
manufactures road and concrete building materials and cement, by the petitioners who
reside nearby the plant because of its effluence(cement dust) that causes property
damage and illness like skin problems and bronchial asthma. The trial court declared
Daytona Construction in default for not filing an answer and ruled to close the cement
plant and pay damages to petitioners. Respondent filed a petition for injunction against
the execution of the closure of the plant but was denied by IAC and Supreme Court.
They again appealed to the IAC contending that the trial court should not have
executed the judgement pending appeal.
Supreme Court says:
The trial court had good reasons to issue the order of
execution pending appeal. There was a need to stop and close the
cement plant because it was injurious to the health and property of
the neighborhood where the plant is located and that its operation
causes serious discomfort to them, violates their rights and causes
them damage. The evidence presented by the petitioners clearly
establishes the need for the trial court to execute the judgment.