[MAKING THE GRADE] DENR is in contempt of the Supreme Court
Atty. Magi Gunigundo November 27, 2023 at 11:06 AMOn December 18, 2008, the Supreme Court rendered a landmark decision in MMDA et al v Residents of Manila Bay, G.R. Nos. 171947-48 by issuing a continuing writ of mandamus to command nine (9) agencies: MMDA, DENR, DEP ED, DA, DPWH, DBM, PHILIPPINE COAST GUARD (PCG), PNP- MARITIME GROUP, and DILG, to cleanup, rehabilitate and preserve Manila Bay and restore and maintain its waters to SB level (Class B sea waters per Water Classification Tables under DENR Administrative Order No. 34 [1990]) to make them fit for swimming, skin-diving, and other forms of contact recreation. The ultimate objective of making Manila Bay pristine seemed achievable then.
The Supreme Court, in the exercise of its residual power under Section 47 Rule 39 of the Rules of Court, created in 2011, by way of an En Banc Resolution, the Manila Bay Advisory Committee (MBAC) to receive and evaluate the quarterly progressive reports on the activities undertaken of these nine agencies in accordance with said decision and to monitor the execution phase of the Manila Bay Coastal Strategy. The MBAC is chaired by Justice Presbitero J. Velasco, Jr., the ponente of the 2008 landmark decision and Hon. Jose Midas P. Marquez, as Vice-Chairperson. Members/Technical Experts are: Dr. Gil S. Jacinto, Former Director, UP Marine Science Institute, Dr. Elisea G. Gozun, Chair of Earth Day Network and Former DENR Secretary, and Dr.Antonio G.M.LaViña, Former DENR Undersecretary and Dean of the Ateneo School of Government. Requiring the submission of periodic reports is sanctioned by Secs. 7 and 8, Rule 8 of the Rules of Procedure for Environmental cases. The Supreme Court was eagle-eyed on the nine agencies to ensure that the ultimate objective is achieved.
The Supreme Court was very particular on the role each agency is to perform in satisfying the writ of mandamus:
- DENR is designated as the primary government agency responsible for the enforcement and implementation of the Operational Plan for the Manila Bay Coastal Strategy for the rehabilitation, restoration, and conservation of the Manila Bay at the earliest possible time.
- Meanwhile, the DILG shall direct all LGUs in NCR, Region 3 and 4A to inspect all factories, commercial establishments, and private homes along the banks of the major river systems in their respective areas of jurisdiction, that eventually discharge water into the Manila Bay, to determine whether they have wastewater treatment facilities or hygienic septic tanks as required by existing laws, ordinances, rules and regulations. Non-compliant establishments and homes are to be given reasonable time to set up said facilities or septic tanks under pain of closure or imposition of fines and other sanctions.
- Waste water treatment facilities, sewerage and sanitation facilities are to be provided and maintained by the MWSS and the LWUA, where needed at the earliest possible time.
- The DA, through the BFAR, is to improve and restore the marine life of Manila Bay. The PCG and the PNP Maritime Group are to apprehend violators of PD 979, RA 8550, and other existing laws and regulations designed to prevent marine pollution in the Manila Bay.
- The PPA is to immediately adopt measures to prevent the discharge and dumping of solid and liquid wastes and other ship-generated wastes into the Manila Bay waters from vessels docked at ports and apprehend the violators.
- The MMDA is the lead agency in the removal of structures and other encroachments in violation of RA 7279 in the various rivers and esteros of NCR. The DPWH shall do the same in Regions 3 and 4A along rivers, connecting waterways, and esteros that discharge water into the Manila Bay.
- The DOH is to inventory all licensed septic and sludge companies to ensure they have the proper facilities for the treatment and disposal of fecal sludge. The DepEd is to integrate lessons on pollution prevention, waste management, environmental protection, and like subjects in the school curricula of all levels to inculcate in the minds and hearts of students and, through them, their parents and friends, the duty to care for and protect the planet.
- The DBM is to incorporate an adequate budget in the General Appropriations Act of 2010 and succeeding years to cover the expenses relating to the cleanup, restoration, and preservation of the water quality of the Manila Bay.
Things were running according to plan until there was a change of President in 2016. The Dolomite beach was built in 2019 and opened to the public in 2020. There was an approval spree of 22 reclamation projects in Manila Bay in 2019. We wonder if these controversial moves are part of the Manila Bay Coastal Strategy. We wonder if this is a great-grandmother reclamation scam larger than the PEA Amari deal. The ultimate objective of a safe and clean Manila Bay has been marooned by the contemptible actions of DENR which the Supreme Court is most respectfully urged not to let go unpunished.