SC orders govt agencies to clean up Manila Bay

MANILA, Philippines - In a bid to restore life to Manila Bay, the Supreme Court of the Philippines on Thursday ordered several government agencies to spearhead the rehabilitation of this historic water landmark. In a unanimous decision penned by Justice Presbitero Velasco Jr., the High Court ruled in favor of "concerned citizens" for the clean-up, restoration and preservation of the Manila Bay. The case stemmed from the complaint filed by a group which identified themselves as the "Concerned Residents of Manila Bay" before the Regional Trial Court in Imus, Cavite against the government agencies for the preservation and protection of the Manila Bay. On September 12, 2002, the RTC ruled in favor of the "Concerned Citizens" against the government agencies. The RTC decision was elevated by the petitioners to the Court of Appeals which affirmed the lower court's decision on September 28, 2005 decision. In its decision, the high court affirmed both the CA and the RTC and ordered several government agencies to implement the cleanup. The petitioners include Metropolitan Manila Development Authority (MMDA), Department of Environment and Natural Resources (DENR), Department of Education (DepEd), Department of Health (DOH), Department of Agriculture (DA), Department of Public Works and Highways (DPWH), Department of Budget and Management ((DBM), Philippine Coast Guard (PCG), the Philippine National Police Maritime Group, and the Department of the Interior and Local Government (DILG). The 36-page decision described the Manila Bay as "a place with a proud historic past, once brimming with marine life and a spot for different recreation activities, but is now a dirty and slowly dying expanse because of the indifference of people and institutions." The Supreme Court decision stressed the importance of the Manila Bay as a sea resource, playground, and historical landmark and thus ordered the petitioners to lead the protection and preservation of its waters. The Court said added that the primary contributors of water pollution are the shanties and establishments without septic tanks that line the shores of the rivers. In the decision, the High Court directed: . The DENR to fully implement its Operational Plan for the Manila Bay Coastal Strategy for the rehabilitation, restoration, and conservation of the Manila Bay at the earliest possible time and to call regular coordination meetings with concerned government departments and agencies to ensure the successful implementation of the aforesaid plan of action in accordance with its indicated completion schedules. · The DILG to direct all local government units (LGUs) in Metro Manila, Rizal, Laguna, Cavite, Bulacan, Pampanga, and Bataan to inspect all factories, commercial establishments, and private homes along the banks of the major river systems in their respective areas of jurisdiction and other minor rivers and waterways that eventually discharge water into the Manila Bay; and the lands abutting the bay, to determine whether they have wastewater treatment facilities or hygienic septic tanks as prescribed by existing laws, ordinances, and rules and regulations · The Local Water Utilities Administration (LWUA), through the local water districts and in coordination with the DENR, is ordered to provide, install, operate, and maintain sewerage and sanitation facilities and the efficient and safe collection, treatment, and disposal of sewage in the provinces of Laguna, Cavite, Bulacan, Pampanga, and Bataan were needed at the earliest possible time; · The DA, through the Bureau of Fisheries and Aquatic Resource (BFAR), improve and restore the marine life of the Manila Bay and to assist the LGUs in Metro Manila, Rizal, Cavite, Laguna, Bulacan, Pampanga, and Bataan in developing, using recognized methods, the fisheries and aquatic resources in the Manila Bay; · The PCG and the PNP Maritime Group to coordinate in apprehending violators of PD 979, RA 8550, and other existing laws and regulations designed to prevent marine pollution in the Manila Bay. · The PPA to immediately adopt such 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, as the lead agency and implementor of programs and projects for flood control projects and drainage services in Metro Manila, to dismantle and remove all structures, constructions, and other encroachments established or built in violation of RA 7279, and other applicable laws along the Pasig-Marikina-San Juan Rivers, the NCR (Parañaque-Zapote, Las Piñas) Rivers, the Navotas-Malabon-Tullahan-Tenejeros Rivers, and connecting waterways and esteros in Metro Manila. The MMDA was also tasked to establish, operate, and maintain a sanitary landfill within a period of one year from finality of this Decision. It is also ordered to cause the apprehension and filing of the appropriate criminal cases against violators of the respective penal provisions of Ecological Solid Waste Management Act (RA 9003), sec. 27 of RA 9275 (the Clean Water Act), and other existing laws on pollution; · The DPWH, as the principal implementor of programs and projects for flood control services in the rest of the country more particularly in Bulacan, Bataan, Pampanga, Cavite, and Laguna, to remove and demolish all structures, constructions, and other encroachments built in breach of RA 7279 and other applicable laws along the Meycauayan-Marilao-Obando (Bulacan) Rivers, the Talisay (Bataan) River, the Imus (Cavite) River, the Laguna De Bay, and other rivers, connecting waterways, and esteros that discharge wastewater into the Manila Bay; · The DOH within one year from finality of this Decision, to determine if all licensed septic and sludge companies have the proper facilities for the treatment and disposal of fecal sludge and sewage coming from septic tanks. The DOH was further directed to give the companies, if found to be non-complying, a reasonable time within which to set up the necessary facilities under pain of cancellation of its environmental sanitation clearance; · The DepED 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 importance of their duty toward achieving and maintaining a balanced and healthful ecosystem in the Manila Bay and the entire Philippine archipelago; · The DBM to consider incorporating 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, in line with the country's development objective to attain economic growth in a manner consistent with the protection, preservation, and revival of our marine waters; · And the heads of petitioners-agencies MMDA, DENR, DepEd, DOH, DA, DPWH, DBM, PCG, PNP Maritime Group, DILG, and also of MWSS, LWUA, and PPA, in line with the principle of "continuing mandamus", from finality of this Decision, to each submit to the Court a quarterly progressive report of the activities undertaken in accordance with this Decision. - Mikhaela de Leon, GMANews.TV