Petition filed vs Manila’s garbage collection ordinance

A PETITION was filed before the Supreme Court on Thursday challenging the constitutionality of Manila City Ordinance No. 9151, which increased garbage collection fees by 1,200%.

In a 13-page petition, John Barry T. Tayam, an educator and taxpayer, is seeking a Temporary Restraining Order (TRO) to stop the city government from implementing the “oppressive” new rates, which he claims were enacted without proper public consultation or mandatory publication.

The petition named Manila City Mayor Francisco “Isko” Moreno Domagoso and Vice-Mayor Angela Lei Atienza-Valdepeñas as respondents. Mr. Tayam, who is not a resident of Manila, said the sudden surge in fees places a “crushing burden” on the local business community, particularly on schools, hospitals, and hotels.

The petitioner argued that the ordinance was passed without mandatory publication or adequate public hearings, alleging the city government committed a “grave abuse of discretion.” The petition requests an immediate TRO to halt implementation while the case is pending. Mr. Tayam also invoked the Supreme Court’s internal rules for a “special raffle” to fast-track the case due to its alleged urgency.

He said that the hike is not a mere regulatory fee but a confiscatory tax that threatens the economic viability of establishments in the nation’s capital.

Legal arguments in the petition highlight that the ordinance allegedly violates the Local Government Code and Republic Act No. 9003, or the Ecological Solid Waste Management Act. He added that the city is illegally using the new fees to settle P10.2 billion in inherited debts from previous administrations.

Mr. Domagoso earlier defended the measure, citing a 40% increase in per capita waste and a tripling of transport distances following the closure of the Navotas landfill. The Mayor noted that the city currently subsidizes P1.24 billion annually for waste management — funds he argues should be redirected toward social services like healthcare and education.

The petitioner, however, said that the ordinance bypasses the role of barangays, which under the law are responsible for segregating biodegradable and recyclable waste. — Erika Mae P. Sinaking