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WATER
I. INTRODUCTION-GENERAL LAWS AND PROVISIONS APPLICABLE
A. NATIONAL TERRITORY
The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorialsea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters
around, between, and connecting the islands of the archipelago, regardless of their breadth
and dimensions, form part of the internal waters of the Philippines.
Scope of the National Territory
* The Philippine Archipelago,
*All other territories over which the Philippines has sovereignty or jurisdiction, and
*The territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.* The Philippine archipelago and all other territories over which the Philippines has
sovereignty or jurisdiction consist of terrestrial, fluvial, and aerial domains.
All other territories over which the Philippines has sovereignty or jurisdiction
includes any territory which presently belongs or might in the future belongs to thePhilippines through any of the internationally accepted modes of acquiring territory.
ARCHIPELAGIC PRINCIPLE
The definition of internal waters;
The straight baseline method of delineating the territorial sea consists of
drawing straight lines connecting the outermost points on the coast without departing toany appreciable extent from the general direction of the coast. 1
B. DEFINITION OF TERMS
Territorial Sea also referred as Territorial Waters, is a belt of
coastal waters extending at most 12 nautical miles (22 km) from the baseline(usually from the mean lower-water mark) of a coastal state2.
Seabed - also known as the seafloor, sea floor, orocean floor,
is the bottom of theocean.
Subsoil - is the layer ofsoilunder the topsoil on the surface ofthe ground.
Insular Shelves - are usually defined as the existing underwater
seabeds that occur just beyond the perimeter of an island within a depth of 600feet.
Submarine Areas those areas adjacent to an island.
1 Article I, The 1987 Constitution of the Republic of the Philippines2 UN Convention on the Law of the Sea
http://en.wikipedia.org/wiki/Oceanhttp://en.wikipedia.org/wiki/Oceanhttp://en.wikipedia.org/wiki/Soilhttp://en.wikipedia.org/wiki/Soilhttp://en.wikipedia.org/wiki/Topsoilhttp://www.un.org/Depts/los/convention_agreements/texts/unclos/part2.htmhttp://www.un.org/Depts/los/convention_agreements/texts/unclos/part2.htmhttp://en.wikipedia.org/wiki/Oceanhttp://en.wikipedia.org/wiki/Soilhttp://en.wikipedia.org/wiki/Topsoil -
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Internal Waters - the waters around, between, and connecting the
islands of the archipelago, regardless of their breadth and dimensions, form partof the internal waters of the Philippines.
C. IMPORTANT NOTES ON DISTANCES
Territorial Sea - The belt of the sea located between the coast
and internal waters of the coastal state on the one hand, and the high seas on theother, extending up to 12 nautical miles from the low water mark. Out to 12 nautical
miles from the baseline, the coastal state is free to set laws, regulate use, and use any
resource.
Contiguous Zone - Beyond the 12 nautical mile limit there was a
further 12 nautical miles or 24 nautical miles from the territorial sea baselines limit,
the contiguous zone, in which a state could continue to enforce laws in four specificareas: pollution, taxation, customs, and immigration.
Exclusive Economic Zone - Body of water extending up to 200
nautical miles, within which the state may exercise sovereign rights to explore,exploit, conserve and manage the natural resources
The state in the EEZ exercises jurisdiction with regard to:
the establishment and use of artificial islands, installations, andstructures;
marine scientific research;
the protection and preservation of marine environment
* There can be a Continental Shelf without an EEZ but not an EEZ without a ContinentalShelf.
II. THE PHILIPPINE WATERS AT PRESENT
Indubitably, the Philippines is blessed with rich natural resources. The countrys vast coastline
serves as an abode to various marine creatures and ecosystems. Unfortunately, the rapid
penetration of civilization and population growth in the country caused the deterioration of itsnatural resources, particularly the exploitation of its water resources.
According to a study, nearly 2.2 million metric tons of organic pollution are produced annually
by domestic (48 percent), agricultural (37 percent), and industrial (15 percent) sectors. In the four
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water-critical regions, water pollution is dominated by domestic and industrial sources.3Abuse of
the countrys water resources is manifested by the state of the countrys particular bodies of water,
such as the Pasig River and Manila Bay, to name a few.
As such, various laws and statutes were enacted to serve as guidelines for the proper use of the
water resources and to address the issues at hand.
POLLUTION DEFINED
Pollution is broadly defined as any change in the natural material of air, water or land resources, as
such: Sec. 2 (a) Presidential Decree No. 1067 provides,Pollution is any alteration of the physical, chemical and biological properties of any water, air
and/or land resources of the Philippines, or any discharge thereto of any liquid, gaseous or solid
wastes as will or is likely to create or to render such water, air and land resources harmful,detrimental or injurious to public health, safety or welfare or which will adversely affect their
utilization for domestic, commercial, industrial, agricultural, recreational or other legitimate
purposes. 4
WATER POLLUTION DEFINED
Presidential Decree 984 Sec. 2 (A) defines water pollution asWater Pollution is the impairment of the quality of water beyond a certain standard. This standard
may vary according to the use of the water and shall be set by the National Pollution Control
Commission.5
CAUSES OF WATER POLLUTION IN THE PHILIPPINES
1. Large Farms and Feed Lots- The resulting sludge and manure that is emitted from theseanimals creates a mountain of toxic waste. Animal manure is known to be high in nitrates. Most
large feed lots also treat their animals with artificial growth hormones and antibiotics which arethen also emitted into the soil and run off into the water supply. 6
2. Farm Chemicals- Agrochemical use in the Philippines and its consequences to theenvironment provides an overview on how the staggering increase in the
use of synthetic farm chemicals in the past few decades has not resulted
in a similar increase in crop yields, and worse, cause substantialenvironmental damage to the countrys water sources.7
3. Oil Spills-Spilling of oil in the countrys water ruins the lives of the inhabitants of our marine
areas due to the harmful chemical that it possesses. 8
3 Philippine Waters, retrieved from http://www.wepa-db.net/policies/state/philippines/overview.htm, 23 September2011.4Sec. 2 (a) Presidential Decree No. 10675 Presidential Decree 984 Sec 2 (A)6 Causes of Water Pollution, retrieved fromhttp://reducepollutiontip.com/water/causes-of-water-pollution-in-
philippines.php, 24 September 20117 Farm Chemicals as a source of Water Pollution retrieved from http://www.pinoypress.net/2008/02/03/farm-
chemicals-a-major-source-of-water-pollution-in-philippines-greenpeace/, 24 September 2011
http://www.un.org/Depts/los/convention_agreements/texts/unclos/part2.htmhttp://www.wepa-db.net/policies/state/philippines/overview.htmhttp://www.wepa-db.net/policies/state/philippines/overview.htmhttp://reducepollutiontip.com/water/causes-of-water-pollution-in-philippines.phphttp://reducepollutiontip.com/water/causes-of-water-pollution-in-philippines.phphttp://reducepollutiontip.com/water/causes-of-water-pollution-in-philippines.phphttp://www.pinoypress.net/2008/02/03/farm-chemicals-a-major-source-of-water-pollution-in-philippines-greenpeace/http://www.pinoypress.net/2008/02/03/farm-chemicals-a-major-source-of-water-pollution-in-philippines-greenpeace/http://www.pinoypress.net/2008/02/03/farm-chemicals-a-major-source-of-water-pollution-in-philippines-greenpeace/http://www.wepa-db.net/policies/state/philippines/overview.htmhttp://reducepollutiontip.com/water/causes-of-water-pollution-in-philippines.phphttp://reducepollutiontip.com/water/causes-of-water-pollution-in-philippines.phphttp://www.pinoypress.net/2008/02/03/farm-chemicals-a-major-source-of-water-pollution-in-philippines-greenpeace/http://www.pinoypress.net/2008/02/03/farm-chemicals-a-major-source-of-water-pollution-in-philippines-greenpeace/ -
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4. Waste Management-Our waste management affects the state of our countrys water as a big
amount of our trash is being dumped near the areas of water or worse, in the water itself.
5. Wastewaters from Factories-Some factories wastes are still flowing in our bodies of water,
thus causing pollution.
Causes
There are a number of causes that defile our waters and contribute to its destruction. These are also
applicable to the current state of water of Metro Manila, having agricultural, fishery, and industrialareas.
I. Domestic households, industrial and agricultural practices produce wastewater that can
cause pollution of many lakes and rivers.
Sewage is the term used for wastewater that often contain faeces, urine and laundry
waste; it is mainly biodegradable and most of it is broken down in the environment.
However, disposal of these is a major problem in developing countries as many
people in these areas dont have access to sanitary conditions and clean water. This
leads to the contamination of the environment and certain health problems to people
such as diarrhoea.
II. Dumping of litter in the sea can cause huge problems. Different items take different lengths
of time to degrade in water:
a. Cardboard Takes 2 weeks to degrade.
b. Newspaper Takes6 weeks to degrade.
c. Photodegradable packaging Takes 6 weeks to degrade.
d. Foam Takes 50 years to degrade.
e. Styrofoam Takes 80 years to degrade.
f. Aluminium Takes 200 years to degrade.
g. Plastic packaging Takes 400 years to degrade.
h. Glass It takes so long to degrade that we dont know the exact time.
III. Industry produces pollutants that are extremely harmful to people and the environment.
Many industrial facilities use freshwater to carry away waste from the plant and into rivers,
lakes and oceans. These include:
a. Asbestos This pollutant is a serious health hazard and carcinogenic.
Asbestos fibres can be inhaled and cause illnesses such as asbestosis,mesothelioma, lung cancer , intestinal cancer and liver cancer.
8 Oil Spill as a source of Water Pollution, retrieved from http://www.google.com.ph/url?
sa=t&source=web&cd=9&ved=0CGgQFjAI&url=http%3A%2F%2Fenglish.peopledaily.com.cn
%2F90001%2F90777%2F90851%2F7054293.html&rct=j&q=causes%20of%20water%20pollution%20in%20the
%20philippines&ei=qyh9Tp_7Iu2PiAfh3OirDg&usg=AFQjCNGZBeoLDeI3YkQlt5S8RJ9dX5DLsw, 24
September 2011
http://www.google.com.ph/url?sa=t&source=web&cd=9&ved=0CGgQFjAI&url=http%3A%2F%2Fenglish.peopledaily.com.cn%2F90001%2F90777%2F90851%2F7054293.html&rct=j&q=causes%20of%20water%20pollution%20in%20the%20philippines&ei=qyh9Tp_7Iu2PiAfh3OirDg&usg=AFQjCNGZBeoLDeI3YkQlt5S8RJ9dX5DLswhttp://www.google.com.ph/url?sa=t&source=web&cd=9&ved=0CGgQFjAI&url=http%3A%2F%2Fenglish.peopledaily.com.cn%2F90001%2F90777%2F90851%2F7054293.html&rct=j&q=causes%20of%20water%20pollution%20in%20the%20philippines&ei=qyh9Tp_7Iu2PiAfh3OirDg&usg=AFQjCNGZBeoLDeI3YkQlt5S8RJ9dX5DLswhttp://www.google.com.ph/url?sa=t&source=web&cd=9&ved=0CGgQFjAI&url=http%3A%2F%2Fenglish.peopledaily.com.cn%2F90001%2F90777%2F90851%2F7054293.html&rct=j&q=causes%20of%20water%20pollution%20in%20the%20philippines&ei=qyh9Tp_7Iu2PiAfh3OirDg&usg=AFQjCNGZBeoLDeI3YkQlt5S8RJ9dX5DLswhttp://www.google.com.ph/url?sa=t&source=web&cd=9&ved=0CGgQFjAI&url=http%3A%2F%2Fenglish.peopledaily.com.cn%2F90001%2F90777%2F90851%2F7054293.html&rct=j&q=causes%20of%20water%20pollution%20in%20the%20philippines&ei=qyh9Tp_7Iu2PiAfh3OirDg&usg=AFQjCNGZBeoLDeI3YkQlt5S8RJ9dX5DLswhttp://www.google.com.ph/url?sa=t&source=web&cd=9&ved=0CGgQFjAI&url=http%3A%2F%2Fenglish.peopledaily.com.cn%2F90001%2F90777%2F90851%2F7054293.html&rct=j&q=causes%20of%20water%20pollution%20in%20the%20philippines&ei=qyh9Tp_7Iu2PiAfh3OirDg&usg=AFQjCNGZBeoLDeI3YkQlt5S8RJ9dX5DLswhttp://www.google.com.ph/url?sa=t&source=web&cd=9&ved=0CGgQFjAI&url=http%3A%2F%2Fenglish.peopledaily.com.cn%2F90001%2F90777%2F90851%2F7054293.html&rct=j&q=causes%20of%20water%20pollution%20in%20the%20philippines&ei=qyh9Tp_7Iu2PiAfh3OirDg&usg=AFQjCNGZBeoLDeI3YkQlt5S8RJ9dX5DLswhttp://www.google.com.ph/url?sa=t&source=web&cd=9&ved=0CGgQFjAI&url=http%3A%2F%2Fenglish.peopledaily.com.cn%2F90001%2F90777%2F90851%2F7054293.html&rct=j&q=causes%20of%20water%20pollution%20in%20the%20philippines&ei=qyh9Tp_7Iu2PiAfh3OirDg&usg=AFQjCNGZBeoLDeI3YkQlt5S8RJ9dX5DLsw -
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b. Lead This is a metallic element and can cause health and environmental
problems. It is anon-biodegradable substance so is hard to clean up once the
environment is contaminated. Lead is harmful to the health of many
animals, including humans, as it can inhibit the action of bodily enzymes.
c. Mercury This is a metallic element and can cause health and
environmental problems. It is anon-biodegradable substance so is hard to
clean up once the environment is contaminated. Mercury is also harmful to
animal health as it can cause illness through mercury poisoning.
d. Nitrates The increased use of fertilisers means that nitrates are more often
being washed from the soil and into rivers and lakes. This can cause
eutrophication, which can be very problematic to marine environments.
e. Phosphates The increased use of fertilisers means that phosphates are
more often being washed from the soil and into rivers and lakes. This can
cause eutrophication, which can be very problematic to marine
environments.f. Sulphur This is anon-metallic substance that is harmful for marine life.
g. Oils Oil does not dissolve in water, instead it forms a thick layer on the
water surface. This can stop marine plants receiving enough light for
photosynthesis. It is also harmful for fish and marine birds.
h. Petrochemicals This is formed from gas or petrol and can be toxic to
marine life.
IV. Nuclear waste is produced from industrial, medical and scientific processes that
useradioactive material. Nuclear waste can have detrimental effects on marine habitats.
Nuclear waste comes from a number of sources:a. Operations conducted by nuclear power stations produce radioactive waste.
ocean. Radioactive traces from these plants have been found as far away as
Greenland.
b. Mining and refining of uranium and thorium are also causes of marine
nuclear waste.
c. Waste is also produced in the nuclear fuel cycle which is used in many
industrial, medical and scientific processes.
V. Oceans are polluted by oil on a daily basis from oil spills, routine shipping, run-offs and
dumping.
a. Oil spills make up about 12% of the oil that enters the ocean. The rest come
from shipping travel, drains and dumping.
b. An oil spill from a tanker is a severe problem because there is such a huge
quantity of oil being spilt into one place.
c. Oil spills cause a very localised problem but can be catastrophic to local
marine wildlife such as fish, birds and sea otters.
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d. Oil cannot dissolve in water and forms a thick sludge in the water. This
suffocates fish, gets caught in the feathers of marine birds stopping them
from flying and blocks light from photosynthetic aquatic plants.
VI. Underground Storage Leakages
A tank or piping network that has at least 10 percent of its volume underground is
known as an underground storage tank (UST). They often store substances such as
petroleum, that are harmful to the surrounding environment should it become
contaminated.
VII. Atmospheric deposition is the pollution of water caused by air pollution.
a. In the atmosphere, water particles mix with carbon dioxide sulphur dioxide
and nitrogen oxides, this forms a weak acid.
b. Air pollution means that water vapour absorbs more of these gases and
becomes even more acidic.
c. When it rains the water is polluted with these gases, this is called acid rain.
d. When acid rain pollutes marine habitats such as rivers and lakes, aquatic life
is harmed.
VIII. An increase in water temperature can result in the death of many aquatic organisms and
disrupt many marine habitats.
A rise in water temperatures causes coral bleaching of reefs around the world. This
is when the coral expels the microorganisms of which it is dependent on. This can
result in great damage to coral reefs and subsequently, all the marine life that
depends on it.
IX. Euthrophication
a. Fertilisers are often used in farming, sometimes these fertilisers run-off into
nearby water causing an increase in nutrient levels.
b. This causes phytoplankton to grow and reproduce more rapidly, resulting in
algal blooms.
c. This bloom of algae disrupts normal ecosystem functioning and causes
many problems.
d. The algae may use up all the oxygen in the water, leaving none for other
marine life. This results in the death of many aquatic organisms such asfish, which need the oxygen in the water to live.
e. The bloom of algae may also block sunlight from photosynthetic marine
plants under the water surface.
f. Some algae even produce toxins that are harmful to higher forms of life.
This can cause problems along the food chain and affect any animal that
feeds on them.
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Solutions
I. Programs
A. Greenpeace; Project: Clean Water
Citing the urgent need to safeguard the countrys precious fresh water
resources from contamination, Greenpeace today launched Project: Clean
Water, an initiative that aims to catalyze action to protect Philippine freshwater sources. The launch coincided with the release of the report The
state of water in the Philippines, a comprehensive survey of available
information regarding water resources in the Philippines, focusing on theissues of pollution, especially of drinking water and freshwater sources, and
water scarcity. It also reviews the countrys existing legal and policy
frameworks for water use, quality control, and management.According to project lead Greenpeace Southeast Asia Toxics campaigner
Beau Baconguis, Water is a renewable resource but it is not aninexhaustible resource. What our research presents is just a birds eye view
of bigger problems to come if we dont take serious steps to protect ourfresh water sources. Clean water is a right for all. It is time that serious
solutions are enforced.
Based on the said research, Greenpeace cited that:
a. The quality of fresh water sources is steadily declining
while the costs of obtaining clean water is rising;
b. Although many laws have been enacted to protect
water, such as the Clean Water Act, these are among
the most blatantly abused environmental laws
because of poor enforcement; and
c. Although government agencies monitor water quality,
the parameters are severely limited and do not
include many toxic substances from new
technologies, including some of the most harmful
compounds known to humans, such as persistent
organic pollutants or POPs; and
d. Declining water quality is compounded by the
problem of water scarcity which is now a verypalpable threat, making access to clean water more
and more difficult.9
II. Laws
9 From the site of Green Peace Philippines.
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PRESIDENTIAL DECREE NO. 1067: THE WATER CODE OF THE PHILIPPINES
Relevant parts in connection with Water Pollution
Art. 2. The objectives of this Code are:
- To adopt a basic law governing the ownership, appropriation, utilization, exploitation,
development, conservation and protection of water resources and rights to land related thereto; and
- To identify the administrative agencies which will enforce this Code.
Art. 3. The underlying principles of this code are:
- The utilization, exploitation, development, conservation and protection of water resources shall
be subject to the control and regulation of the government through the National Water Resources
Council, hereinafter referred to as the Council.
- Preference in the use and development of waters shall consider current usages and be responsive
to the changing needs of the country.
Art. 4. Waters, as used in this Code, refers to water under the grounds, water above the ground,
water in the atmosphere and the waters of the sea within the territorial jurisdiction of thePhilippines.
Art. 75. No person shall, without prior permission from the National Pollution Control
Commission, build any works that may produce dangerous or noxious substance or perform any
act which may result in the introduction of sewage, industrial waste, or any pollutant into any
source of water supply.
Water pollution is the impairment of the quality of water beyond a certain standard. This standard
may vary according to the use of the water and shall be set by the National Pollution Control
Commission.
Art. 76. The establishment of cemeteries and waste disposal areas that may affect the source of a
water supply or a reservoir for domestic or municipal use shall be subject to the rules and
regulations promulgated by the Department or Health.
Art. 77. Tailings from mining operations and sediments from placer mining shall not be dumped
into rivers and waterways without prior permission from the Council upon recommendation be theNational Pollution Control Commission.
Art. 78. The application of agriculture fertilizers and pesticides may be prohibited or regulated by
the National Pollution Control Commission in areas where such application may cause pollution of
a source of water supply.
Penalty:
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A fine exceeding Three Thousand Pesos (P3,000.00) but not more than Six Thousand Pesos
(P6,000.00) or imprisonment exceeding three years (3) years but not more than (6) years or both
such fine and imprisonment in the discretion of the Court, shall be imposed on any person whocommits any of the following acts:
- Unauthorized obstruction of a river or waterway, or occupancy of a river bank or seashorewithout permission.
- Establishment of a cemetery or a waste disposal area near a source of water supply or reservoirfor domestic or municipal use without permission.
- Constructing, without prior permission of the government agency concerned, works that produce
dangerous or noxious substances, or performing acts that result in the introduction of sewage,
industrial waste, or any substance that pollutes a source of water supply.
- Dumping mine tailings and sediments into rivers or waterways without permission.10
P.D. No. 979:Marine Pollution Decree of 1976
Relevant parts in connection with Water Pollution
Section 2
Statement of Policy
It is hereby declared a national policy to prevent and control the pollution of seas by the dumping
of wastes and other matter which create hazards to human health, harm living resources and marinelife, damage amenities, or interfere with the legitimate uses of the sea within the territorial
jurisdiction of the Philippines.
Section 3
Definition of Terms
For the purposes of this decree:a. Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting,
emptying or dumping but does not include discharge of effluent from industrial or
manufacturing establishments, or mill of any kind.
b. Dumping means any deliberate disposal at sea and into navigable waters of wastes or other
matter from vessels, aircraft, platforms or other man-made structures at sea, including thedisposal of wastes or other matter directly arising from or related to the exploration,
exploitation and associated off-shore processing of sea bed mineral resources unless the same
10 Presidential Decree 1067: The Water Code of the Philippines
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is permitted and/or regulated under this decree: Provided, That it does not mean a disposition
of any effluent from any outfall structure to the extent that such disposition is regulated under
the provisions of Republic Act Numbered Three Thousand Nine Hundred Thirty One, nor doesit mean a routine discharge of effluent or other matter incidental to the propulsion of, or
derived from the normal operations of vessels, aircraft, platforms or other man-made structures
at sea and their equipment.
b. Oil means oil of any kind or in any form including, but not limited to, petroleum, fuel oil,
sludge, oil refuse, and oil mixed with wastes other than dredge spoil.
c. Navigable Waters means the waters of the Philippines, including the territorial sea and
inland waters which are presently, or be in the future susceptible for use by watercraft.
d. Vessel means every description of watercraft, or other artificial contrivance used, or capable
of being used, as a means of transportation on water.
e. Person includes any being, natural or juridical, susceptible of rights and obligations or ofbeing the subject of legal relations.
f. Refuse means garbage, waste, wood residues, sand, lime cinder ashes, offal, nightsoil, tar,
dye stuffs, acids, chemicals and substances other than sewage and industrial wastes that may
cause pollution.
Section 4
Prohibited Acts
Except in cases of emergency imperiling life or property, or unavoidable accident, collision, orstranding or in any cases which constitute danger to human life or property or a real threat to
vessels, aircraft, platforms, or other man-made structure, or if dumping appears to be the only
way of averting the threat and if there is probability that the damage consequent upon suchdumping will be less than would otherwise occur, and except as otherwise permitted by
regulations prescribed by the National Pollution Control Commission or the Philippine Coast
Guard, it shall be unlawful for any person to:a. discharge, dump, or suffer, permit the discharge of oil, noxious gaseous and liquid
substances and other harmful substances from or out of any ship, vessel, barge, or any other
floating craft, or other man-made structures at sea, by any method, means or manner, into or
upon the territorial and inland navigable waters of the Philippines;
b. throw, discharge or deposit, dump, or cause, suffer or procure to be thrown, discharged, or
deposited either from or out of any ship, barge, or other floating craft or vessel of any kind, orfrom the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of
any kind or description whatever other than that flowing from streets and sewers and passing
therefrom in a liquid state into tributary of any navigable water from which the same shall floator be washed into such navigable water; and
c. deposit or cause, suffer or procure to be deposited material of any kind in any place on the
bank of any navigable water, or on the bank of any tributary of any navigable water, where the
same shall be liable to be washed into such navigable water, either by ordinary or high tides, or
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by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed
or increase the level of pollution of such water.
Section 7
Penalties for Violations
Any person who violates Section 4 of this Decree or any regulations prescribed in pursuance
thereof, shall be liable for a fine of not less than Two Hundred Pesos nor more than TenThousand Pesos or by imprisonment of not less than thirty days nor more than one year or both
such fine and imprisonment, for each offense, without prejudice to the civil liability of the
offender in accordance with existing laws.
Any vessel from which oil or other harmful substances are discharged in violation of Section 4or any regulation prescribed in pursuance thereof, shall be liable for the penalty of fine
specified in this section, and clearance of such vessel from the port of the Philippines may be
withheld until the fine is paid.
In addition to the penalties above-prescribed, the Philippine Coast Guard shall provide in its
rules and regulations such reasonable administrative penalties as may be necessary for theeffective implementation of this decree. 11
IV. SOLUTION TO THE PROBLEM:
1. Dispose off your trash in a proper manner and try and incorporate the recycling habit as faras possible.
2. Toxic products like paints, automobile oil, polishes, and cleaning products should be stored
and disposed off properly.
3. Try using natural fertilizers and pesticides as far as possible, or if not, do not overuse them.
4. Automobile oil should be re-used as far as possible. Also, it is important to keep yourautomobile well maintained in order to prevent leakages of toxic fluids like antifreeze and oil.
5. Wash you car at your lawn.
6. Try using environmentally friendly household products like toiletries, soap-based household
cleaning material, and washing powder as far as possible.
7. Pick up your pets waste.
8. Compost yard clippings.
9. Actively conserve water by turning the tap off when you do not need running water, such as
while brushing teeth. Apart from preventing water shortages, it lessens the amount of water
that needs to be treated.12
11 P.D. No. 979:Marine Pollution Decree of 1976
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STATEMENT OF THE PROBLEM AND SOLUTION
PREVENTING A DISASTER IN THE MAKING:
THE REHABILITATION OF PASIG RIVER AND MANILA BAY
Catastrophic---this image resembles in the minds of many environmental advocates and
concerned citizens as they envision the state of two widely used water bodies in Metro Manila ten
to twenty years from now. The Pasig River and the Manila Bay are both facing disastroussituations, as the damages that started many years ago are continuously spreading and the
rehabilitation programs being done are not as speedy as the widespread of hazards. Furthermore,
there are unruly citizens who still pollute the aforementioned waters despite the evident problems
existing in these waters.
Pasig River became an environmental hazard hotspot when population in Metro Manila
increased resulting to establishment of more industries and residences. Pasig River was used into a
sewage and industrial effluents depot. Its effects can still be felt at present. Pasig River isshimmering with oil slicks, has unpleasant odor dark colored water, hyacinth blooms, and floating
garbage and feces. Pasig River is also known to have high organic loads and contaminate withheavy metals, pesticides, nitrates, and phosphates (NPCC, 1981 & 1985; RRS, 1991 & 1998).
These pollutants of the river are domestic liquid wastes, industrial wastes, agricultural activities in
parts of Marikina and Taguig, solid wastes, and oil discharges from oil depots and watercrafts.With this scenario at hand, Pasig River needs a serious rehabilitation, as it is still polluted and the
quality of its water is still hazardous.13
The Manila Bay is identified as one of the most useful bodies of water in the country.Aside from being a home to many famous hotels, industries, and parks, the bay is also known
worldwide for its majestic sunset which has been a tourist attraction for many years. However, at
present, the Manila is in grave danger. The sustainability of the Bay and its diverse ecosystem ishowever periled by a variety of land and sea-based human activities. Overexploitation of resources,
illegal and destructive fishing, habitat destruction, pollution, siltation and sedimentation,
uncontrolled development and the conflicting use of limited available resources cause pressures onthe bay.14 Such circumstances result to a damaging scenario to the bay and needs attention to be
stopped. After all, this Bay provides a living for many of the Filipinos at present.
If the pollution of both bodies of water continues, this will be damaging to the Philippines,as both are sources of lives of many Filipinos. It will also destroy the ecological balance of the
country and will shatter the ecosystem. Pasig River and Manila Bay needs serious attention.
Legislations and projects are promoted for its rehabilitation. These programs are well-planned andwell-structured, and only need an efficient implementation scheme.
12 Law students of San Sebastian
www.grinningplanet.com/2008/01-08/water-pollution-solutions-article.htm
13 Marietta Labra-Espia, The Pasig River Caring for a Dying Ecosystem, cited in and retrieved from
http://www.wepa-db.net/policies/measures/background/philippines/pasigriver.htm, 30 September 2011.14 The Manila Bay is Identified as a Pollution Hotspot, retrieved from http://www.wepa-
db.net/policies/measures/background/philippines/manilabay.htm, 30 September 2011.
http://www.grinningplanet.com/2008/01-08/water-pollution-solutions-article.htmhttp://www.grinningplanet.com/2008/01-08/water-pollution-solutions-article.htmhttp://www.grinningplanet.com/2008/01-08/water-pollution-solutions-article.htmhttp://www.grinningplanet.com/2008/01-08/water-pollution-solutions-article.htmhttp://www.grinningplanet.com/2008/01-08/water-pollution-solutions-article.htmhttp://www.grinningplanet.com/2008/01-08/water-pollution-solutions-article.htmhttp://www.grinningplanet.com/2008/01-08/water-pollution-solutions-article.htmhttp://www.wepa-db.net/policies/measures/background/philippines/pasigriver.htmhttp://www.wepa-db.net/policies/measures/background/philippines/manilabay.htmhttp://www.wepa-db.net/policies/measures/background/philippines/manilabay.htmhttp://www.wepa-db.net/policies/measures/background/philippines/manilabay.htmhttp://www.grinningplanet.com/2008/01-08/water-pollution-solutions-article.htmhttp://www.wepa-db.net/policies/measures/background/philippines/pasigriver.htmhttp://www.wepa-db.net/policies/measures/background/philippines/manilabay.htmhttp://www.wepa-db.net/policies/measures/background/philippines/manilabay.htm -
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LEGISLATIONS FOR THE PASIG RIVER---AN OVERVIEW OF THE SOLUTIONS
Executive Order No. 54, January 6, 1999
EXECUTIVE ORDER NO. 54
CREATING THE PASIG RIVER REHABILITATION COMMISSION
WHEREAS, the Constitution of the Republic of the Philippines mandates the States to protect and
promote the right of the people to balanced ecology and sustainable economy in accord with the
rhythm and harmony of nature;
WHEREAS, the people living near or along the Pasig River have the right to live in anenvironment that is free from pollution and unsanitary conditions;
WHEREAS, the Pasig River has fast deteriorated because of poor waste management and disposal
by the factories and homes along its banks;
WHEREAS, the Pasig River is considered to be a vital ingredient in the transport of goods and
people and its rehabilitation will be beneficial for the development of Metro Manila and the
country in general;
WHEREAS, the Pasig River, because of its natural deep waters and strategic location remains a
viable alternative for decongesting the road River for commerce and industry;
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, Republic of the Philippines, by virtue
of the powers vested in me by law, do hereby order:
Section 1. Creation. The Pasig River Rehabilitation Commission is hereby created that the
waterway is rehabilitated to its historically pristine condition conducive to transport, recreation and
tourism.
Sec. 2. Composition and Membership. The Commission shall be composed of the following:
a) The Secretary of the Departmentof Budget and Management who shall act as its Chairman;
The Chairman of the Metro Manila Development Authority (MMDA) who shall act as its Co-
Chairman;
b) The Secretaries and Heads of the following agencies or their representatives as members;
1. Office of the Executive Secretary
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2. Department of Public Works and Highways
3. Department of Environment and Natural Resources
4. Housing and Urban Development Coordinating Council
5. Department of Tourism
6. Department of Transportation and Communications
7. Department of Finance
Sec. 3. Powers and Functions. In order to achieve its mandate of rehabilitating the Pasig
River, the Commission shall have the following powers and functions;
a) Draw up an updated and integrated Master Plan on the Rehabilitation of the Pasig River,taking into account its potential for transportation, recreation and tourism;
b) Ensure that the easements provided for in the Civil Code and other related laws are observed
including all the esteros and waterways that drain into the Pasig River;
c) Integrate and coordinate all programs related to the rehabilitation of the Pasig River, such as,
but not limited to, the Pasig River Development Program (P.D. No. 274), Proclamation No. 704,
series of 1995 and the Pasig River Environmental Management and Rehabilitation Sector
Development Program, a continuation of the Pasig River Rehabilitation Program;
d) Abate the dumping of untreated industrial wastewater and sewerage into the river including
all acts and omission in
e) Relocate settlers, squatters and other unauthorized or unlawful occupants along its banks;
f) Undertake civil works for the purpose, such as dredging, clearing of structures, cleaning of
the River and all the esteros and waterways that drain into it;
g) Submit regular reports to the Office of the President on the status of the governmentsefforts on the rehabilitation and development of the Pasig River;
h) Coordinate with all government agencies and offices, including local government units,regarding the necessary measures to implement this Order;
i) The Commission shall formulate and adopt its implementing rules and regulations;
Sec. 4. Funding. The amount of ten million (P10,000,000.00) Pesos is hereby authorized to be
generated out of the contingency funds for the initial requirements of this commission.
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Sec. 5. Abolition of the Pasig River Development Council (PRDC), the Presidential Task Force on
Pasig River Rehabilitation (PTFPRR) and River Rehabilitation Secretariat (RRS). The PRDC,
PTFPRR and the RRS are hereby abolished and its functions, equipment and logistics shall pertainto and be assumed by the Commission. Any and all funds received by the abolished agencies as
contributed to it for the rehabilitation of the Pasig Rive shall be transferred to the Commission.
Sec. 6. Incentives to be Granted. The incentives provided for in PD 274 and other related laws are
hereby integrated as part of this Order.
Sec. 7. Repealing Clause.All orders, proclamations, rules, regulations. Issuances or parts thereof,
which are inconsistent with any provision of this Executive Order are hereby repealed or modified
accordingly.
Sec. 8. Effectivity. This Executive Order shall take effect immediately.
DONE in the City of Manila, Philippines, this 06th day of January in the Year of Our Lord,
Nineteen Hundred and Ninety-Nine.
15
Executive Order No. 65, January 19, 1999
Executive Order No. 54 dated January 6, 1999 as amended by Executive Order No. 65 dated
January 19, 1999 created the Pasig River Rehabilitation Commission (PRRC) to ensure that thewaterway is rehabilitated to its pristine conditions conducive to transport, recreation and tourism.
The Pasig River Rehabilitation Commission started its operation on January 1999 but actual
disbursement of funds started only on May of the same year.
The Commission, which is attached to the Office of the President is composed of the Secretary of
the Department of Budget and Management as the Chairman, the Chairman of the Metro ManilaDevelopment Authority as the Co-Chairman, and twelve members Secretaries and Heads or theirrepresentatives, from the Office of the Executive Secretary, Department of Environment and
Natural Resources, Department of Public Works and Highways, Housing and Urban Development
Coordinating Council, Department of Tourism, Department of Transportation and Communication,Department of Finance, Department of National Defense, Department of the Interior and Local
Government, Department of Trade and Industry and five private sectors namely, Philippine Long
Distance Telephone Company, GMA Network, Inc., Clean and Green Foundation, Inc., UnileverPhilippines and Ms. Mikaela Maria Antonia C. Jaworski. As of December 31, 2001, PRRC had the
personnel complement of 35.
Among the powers and functions of the Commission are:
1. Draw up an updated master plan on the rehabilitation of the Pasig River, taking into
account its potential for transportation, recreation and tourism;
2. Ensure that the easements provided in the Civil Code and other related laws are observedincluding all the esteros and waterways that drain into the Pasig River;
15 Executive Order no. 54, retrieved from Chan Robles Virtual Library
http://www.chanrobles.com/executiveorderno54estradaprrcjanuary061999.html, 30 September 2011.
http://www.chanrobles.com/executiveorderno54estradaprrcjanuary061999.htmlhttp://www.chanrobles.com/executiveorderno54estradaprrcjanuary061999.htmlhttp://www.chanrobles.com/executiveorderno54estradaprrcjanuary061999.html -
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3. Integrate and coordinate all programs related to the rehabilitation of the Pasig River, such
as, but not limited to the Pasig River Development Program (P.D. 274), Proclamation No.
704, series of 1995 and the Pasig River Environment and Rehabilitation SectorDevelopment Program, a continuation of the Pasig River Rehabilitation Program;
4. Abate the dumping of untreated industrial wastewater and sewerage into the river including
all acts and omission in violation of the Pollution Control Law and other related laws;5. Relocate settlers, squatters and other unauthorized or unlawful occupants along its banks;
6. Undertake civil works for the purpose, such as dredging, clearing of structures, cleaning of
the River and all esteros and waterways that drain into it.16
Implementing Rules and Regulations :
Executive Order No. 510, March 5, 2006-It created for the implementing rules on protecting the river basins of the country.17
LEGISLATIONS FOR THE MANILA BAY---AN OVERVIEW OF THE SOLUTIONS
The Environment Code (PD 1152)Relevant parts of the Law
Section 14.Purpose
It is the purpose of this Title to prescribe management guidelines aimed to protect and improve thequality of Philippine water resources through:
a. classification of Philippine waters;
b. establishment of water quality standards;c. protection and improvement of the quality of Philippine water resources; and
d. responsibilities for surveillance and mitigation of pollution incidents.
Section 19.Enforcement and Coordination
The production, utilization, storage and distribution of hazardous, toxic and other
substances such as radioactive materials, heavy metals, pesticides, fertilizers, and oils, and
disposal, discharge and dumping of untreated wastewater, mine-tailings and other substances thatmay pollute any body of water of the Philippines resulting from normal operations of industries,
water-borne sources, and other human activities, as well as those resulting from accidental spills
and discharges shall be regulated by appropriate government agencies pursuant to their respectivecharters and enabling legislations. In the performance of the above functions, the government
agencies concerned shall coordinate with the National Environmental Protection Council and
furnish the latter with such information as may be necessary to enable it to attain its objectives
under Presidential Decree No. 1121.
Section 20. Clean-up Operations
It shall be the responsibility of the polluter to contain, remove and clean-up water pollution
16 Executive Order no. 65, retrieved fromhttp://www.chanrobles.com/legal3prrc.html, 30 September 2011.17 Executive Order no. 510 retrieved from http://elibrary.judiciary.gov.ph/index10.php?doctype=Executive
%20Orders&docid=12629319751687194300, 30 September 2011/
http://www.chanrobles.com/legal3prrc.htmlhttp://www.chanrobles.com/legal3prrc.htmlhttp://elibrary.judiciary.gov.ph/index10.php?doctype=Executive%20Orders&docid=12629319751687194300http://elibrary.judiciary.gov.ph/index10.php?doctype=Executive%20Orders&docid=12629319751687194300http://elibrary.judiciary.gov.ph/index10.php?doctype=Executive%20Orders&docid=12629319751687194300http://www.chanrobles.com/legal3prrc.htmlhttp://elibrary.judiciary.gov.ph/index10.php?doctype=Executive%20Orders&docid=12629319751687194300http://elibrary.judiciary.gov.ph/index10.php?doctype=Executive%20Orders&docid=12629319751687194300 -
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incidents at his own expense. In case of his failure to do so, the government agencies concerned
shall undertake containment, removal and clean-up operations and expenses incurred in said
operations shall be charged against the persons and/or entities responsible for such pollution.
Section 21. Water Quality Monitoring and Surveillance
The various government agencies concerned with environmental protection shall establish
to the greatest extent practicable a water quality surveillance and monitoring network with
sufficient stations and sampling schedules to meet the needs of the country. Said water qualitysurveillance network shall put to maximum use the capabilities of such government agencies. Each
agency involved in such network shall report to the National Environment Protection Council the
results of these monitoring activities as the need arises.
Section 49. Dumping into the Sea and Other Navigable Waters
The dumping or disposal of solid wastes into the sea and any body of water in the Philippines,
including shore-lines and river banks, where the wastes are likely to be washed into the water isprohibited. However, dumping of solid wastes or other materials into the sea or any navigable
waters shall be permitted in case of immediate or imminent danger to life and property, subject tothe rules and regulations of the Philippine Coast Guard and the National Pollution Control
Commission.
Government agencies and private entities which are undertaking solid waste managementprograms shall make consultations with the government agencies concerned with respect to the
effects of such dumping to the marine environment and navigation.
Section 50.Liquid Waste DisposalWastewater from manufacturing plants, industries, community, or domestic sources shall
be treated either physically, biologically or chemically prior to disposal in accordance with the
rules and regulations promulgated by proper government authority. 18
The Pollution Control Law (PD 984)Relevant parts of the Law
Section 8.Prohibitions. No person shall throw, run, drain, or otherwise dispose into any ofthe water, air and/or land resources of the Philippines, or cause, permit, suffer to be thrown, run,
drain, allow to seep or otherwise dispose thereto any organic or inorganic matter or any substance
in gaseous or liquid form that shall cause pollution thereof.19
The Water Code (PD 1067)Relevant parts of the Law
18 The Environmental Code, retrieved fromwww.doe.gov.ph/pecr4/pdf/pd1152.pdf, 30 September 201119 Pollution Control Law , nakuha mula sahttp://www.google.com.ph/url?
sa=t&source=web&cd=1&ved=0CBgQFjAA&url=http%3A%2F%2Fwww.lawphil.net%2Fstatutes%2Fpresdecs
%2Fpd1976%2Fpd_984_1976.html&rct=j&q=p.d.
%20984&ei=hmSGTp6_DYe5iAe98e2xDw&usg=AFQjCNHS9svAI4yZAH4clxX0_iLeqN7lXw, 30 September
2011.
http://var/www/apps/conversion/current/tmp/scratch7059/www.doe.gov.ph/pecr4/pdf/pd1152.pdfhttp://var/www/apps/conversion/current/tmp/scratch7059/www.doe.gov.ph/pecr4/pdf/pd1152.pdfhttp://var/www/apps/conversion/current/tmp/scratch7059/www.doe.gov.ph/pecr4/pdf/pd1152.pdfhttp://var/www/apps/conversion/current/tmp/scratch7059/www.doe.gov.ph/pecr4/pdf/pd1152.pdfhttp://var/www/apps/conversion/current/tmp/scratch7059/www.doe.gov.ph/pecr4/pdf/pd1152.pdfhttp://www.google.com.ph/url?sa=t&source=web&cd=1&ved=0CBgQFjAA&url=http%3A%2F%2Fwww.lawphil.net%2Fstatutes%2Fpresdecs%2Fpd1976%2Fpd_984_1976.html&rct=j&q=p.d.%20984&ei=hmSGTp6_DYe5iAe98e2xDw&usg=AFQjCNHS9svAI4yZAH4clxX0_iLeqN7lXwhttp://www.google.com.ph/url?sa=t&source=web&cd=1&ved=0CBgQFjAA&url=http%3A%2F%2Fwww.lawphil.net%2Fstatutes%2Fpresdecs%2Fpd1976%2Fpd_984_1976.html&rct=j&q=p.d.%20984&ei=hmSGTp6_DYe5iAe98e2xDw&usg=AFQjCNHS9svAI4yZAH4clxX0_iLeqN7lXwhttp://www.google.com.ph/url?sa=t&source=web&cd=1&ved=0CBgQFjAA&url=http%3A%2F%2Fwww.lawphil.net%2Fstatutes%2Fpresdecs%2Fpd1976%2Fpd_984_1976.html&rct=j&q=p.d.%20984&ei=hmSGTp6_DYe5iAe98e2xDw&usg=AFQjCNHS9svAI4yZAH4clxX0_iLeqN7lXwhttp://www.google.com.ph/url?sa=t&source=web&cd=1&ved=0CBgQFjAA&url=http%3A%2F%2Fwww.lawphil.net%2Fstatutes%2Fpresdecs%2Fpd1976%2Fpd_984_1976.html&rct=j&q=p.d.%20984&ei=hmSGTp6_DYe5iAe98e2xDw&usg=AFQjCNHS9svAI4yZAH4clxX0_iLeqN7lXwhttp://www.google.com.ph/url?sa=t&source=web&cd=1&ved=0CBgQFjAA&url=http%3A%2F%2Fwww.lawphil.net%2Fstatutes%2Fpresdecs%2Fpd1976%2Fpd_984_1976.html&rct=j&q=p.d.%20984&ei=hmSGTp6_DYe5iAe98e2xDw&usg=AFQjCNHS9svAI4yZAH4clxX0_iLeqN7lXwhttp://var/www/apps/conversion/current/tmp/scratch7059/www.doe.gov.ph/pecr4/pdf/pd1152.pdfhttp://www.google.com.ph/url?sa=t&source=web&cd=1&ved=0CBgQFjAA&url=http%3A%2F%2Fwww.lawphil.net%2Fstatutes%2Fpresdecs%2Fpd1976%2Fpd_984_1976.html&rct=j&q=p.d.%20984&ei=hmSGTp6_DYe5iAe98e2xDw&usg=AFQjCNHS9svAI4yZAH4clxX0_iLeqN7lXwhttp://www.google.com.ph/url?sa=t&source=web&cd=1&ved=0CBgQFjAA&url=http%3A%2F%2Fwww.lawphil.net%2Fstatutes%2Fpresdecs%2Fpd1976%2Fpd_984_1976.html&rct=j&q=p.d.%20984&ei=hmSGTp6_DYe5iAe98e2xDw&usg=AFQjCNHS9svAI4yZAH4clxX0_iLeqN7lXwhttp://www.google.com.ph/url?sa=t&source=web&cd=1&ved=0CBgQFjAA&url=http%3A%2F%2Fwww.lawphil.net%2Fstatutes%2Fpresdecs%2Fpd1976%2Fpd_984_1976.html&rct=j&q=p.d.%20984&ei=hmSGTp6_DYe5iAe98e2xDw&usg=AFQjCNHS9svAI4yZAH4clxX0_iLeqN7lXw -
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Art. 2.The objectives of this Code are:
- To adopt a basic law governing the ownership, appropriation, utilization, exploitation,
development, conservation and protection of water resources and rights to land related thereto; and- To identify the administrative agencies which will enforce this Code.
Art. 3. The underlying principles of this code are:- The utilization, exploitation, development, conservation and protection of water resources
shall be subject to the control and regulation of the government through the National Water
Resources Council, hereinafter referred to as the Council.- Preference in the use and development of waters shall consider current usages and be
responsive to the changing needs of the country.
Art. 4. Waters, as used in this Code, refers to water under the grounds, water above the ground,water in the atmosphere and the waters of the sea within the territorial jurisdiction of the
Philippines.
Art. 75. No person shall, without prior permission from the National Pollution ControlCommission, build any works that may produce dangerous or noxious substance or perform any
act which may result in the introduction of sewage, industrial waste, or any pollutant into anysource of water supply.
Water pollution is the impairment of the quality of water beyond a certain standard. This
standard may vary according to the use of the water and shall be set by the National PollutionControl Commission.
Art. 76. The establishment of cemeteries and waste disposal areas that may affect the source of a
water supply or a reservoir for domestic or municipal use shall be subject to the rules andregulations promulgated by the Department or Health.
Art. 77. Tailings from mining operations and sediments from placer mining shall not be dumpedinto rivers and waterways without prior permission from the Council upon recommendation be the
National Pollution Control Commission.
Art . 78. The application of agriculture fertilizers and pesticides may be prohibited or regulated by
the National Pollution Control Commission in areas where such application may cause pollution of
a source of water supply.
Penalty:
A fine exceeding Three Thousand Pesos (P3,000.00) but not more than Six Thousand
Pesos (P6,000.00) or imprisonment exceeding three years (3) years but not more than (6) years orboth such fine and imprisonment in the discretion of the Court, shall be imposed on any person
who commits any of the following acts:
- Unauthorized obstruction of a river or waterway, or occupancy of a river bank or seashorewithout permission.
- Establishment of a cemetery or a waste disposal area near a source of water supply or
reservoir for domestic or municipal use without permission.
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- Constructing, without prior permission of the government agency concerned, works that
produce dangerous or noxious substances, or performing acts that result in the introduction of
sewage, industrial waste, or any substance that pollutes a source of water supply.- Dumping mine tailings and sediments into rivers or waterways without permission.20
JURISPRUDENCE:
MMDA v. Concerned Residents of Manila Bay
Facts:On January 29, 1999, respondents Concerned Residents of Manila Bay filed a complaint
before the Regional Trial Court (RTC) in Imus, Cavite against several government agencies, for
the cleanup, rehabilitation, and protection of the Manila Bay.
The complaint alleged that the water quality of the Manila Bay had fallen way below the allowablestandards set by law, specifically Presidential Decree No. (PD) 1152 or the Philippine
Environment Code.
In their individual causes of action, respondents alleged that the continued neglect of petitioners inabating the pollution of the Manila Bay constitutes a violation of, among others:
(1) Respondents constitutional right to life, health, and a balanced ecology;(2) The Environment Code (PD 1152);
(3) The Pollution Control Law (PD 984);
(4) The Water Code (PD 1067);(5) The Sanitation Code (PD 856);
(6) The Illegal Disposal of Wastes Decree (PD 825);
(7) The Marine Pollution Law (PD 979);
(8) Executive Order No. 192;(9) The Toxic and Hazardous Wastes Law (Republic Act No. 6969);
(10) Civil Code provisions on nuisance and human relations;
(11) The Trust Doctrine and the Principle of Guardianship; and(12) International Law
Inter alia, respondents, as plaintiffs a quo, prayed that petitioners be ordered to clean the
Manila Bay and submit to the RTC a concerted concrete plan of action for the purpose.
Issues:
a) Whether or not pertinent provisions of the Environment Code (PD 1152) relate only to
the cleaning of specific pollution incidents and do not cover cleaning in general.b) Whether or not the cleaning of the Manila Bay is not a ministerial act which can be compelled
by mandamus.
Held:
Regional Trial Courts Order to Clean Up and Rehabilitate Manila Bay
On September 13, 2002, the RTC rendered a Decision in favor of respondents. Finding merit in the
complaint, the Court ordered defendant-government agencies, jointly and solidarily, to clean up
and rehabilitate Manila Bay and restore its waters to SB classification to make it fit for swimming,
20 The Water Coder, retrieved fromhttp://www.chanrobles.com/presidentialdecreeno1067.htm, 30 September 2011
http://www.chanrobles.com/presidentialdecreeno1067.htmhttp://www.chanrobles.com/presidentialdecreeno1067.htmhttp://www.chanrobles.com/presidentialdecreeno1067.htmhttp://www.chanrobles.com/presidentialdecreeno1067.htm -
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skin-diving and other forms of contact recreation.
To attain this, defendant-agencies, with defendant DENR as the lead agency, are directed, withinsix (6) months from receipt hereof, to act and perform their respective duties by devising a
consolidated, coordinated and concerted scheme of action for the rehabilitation and restoration of
the bay.
The Court of Appeals Sustained the RTCs Decision
The MWSS, Local Water Utilities Administration (LWUA), and PPA filed before the Court of
Appeals (CA) individual Notices of Appeal. On the other hand, the DENR, Department of Public
Works and Highways (DPWH), Metropolitan Manila Development Authority (MMDA),
Philippine Coast Guard (PCG), Philippine National Police (PNP) Maritime Group, and five otherexecutive departments and agencies filed directly with this Court a petition for review under Rule
45.
In the light of the ongoing environmental degradation, the Court wishes to emphasize the extremenecessity for all concerned executive departments and agencies to immediately act and discharge
their respective official duties and obligations. Indeed, time is of the essence; hence, there is a needto set timetables for the performance and completion of the tasks, some of them as defined for
them by law and the nature of their respective offices and mandates.
The importance of the Manila Bay as a sea resource, playground, and as a historical landmark
cannot be over-emphasized. It is not yet too late in the day to restore the Manila Bay to its former
splendor and bring back the plants and sea life that once thrived in its blue waters. But the tasks
ahead, daunting as they may be, could only be accomplished if those mandated, with the help andcooperation of all civic-minded individuals, would put their minds to these tasks and take
responsibility. This means that the State, through petitioners, has to take the lead in the
preservation and protection of the Manila Bay. 21
SOLUTIONS-----PROJECTS DONE BY THE PPRC AND THE MANILA BAY
ENVIRONMENTAL MANAGEMENT
PASIG RIVER---A VIEW OF SOME OF THE PROJECTS
MANILA
Completed Projects
18 Linear Parks4 Ferry Stations
2424 Families were relocatedOn-Going Projects
5 Linear Parks
2 Ferry Stations
2,574 Families still to be relocated728 Housing Units
21 MMDA vs. Concerned Citizens of Manila Bay, G.R. Nos. 171947-48
http://www.google.com.ph/url?sa=t&source=web&cd=1&sqi=2&ved=0CBsQFjAA&url=http%3A%2F%2Fsc.judiciary.gov.ph%2Fjurisprudence%2F2008%2Fdecember2008%2F171947-48.htm&ei=gmeGTuHBEIyTiQfDmoSPDw&usg=AFQjCNFl2jm723rnsJ6vmV54pfA9AMNAnghttp://www.google.com.ph/url?sa=t&source=web&cd=1&sqi=2&ved=0CBsQFjAA&url=http%3A%2F%2Fsc.judiciary.gov.ph%2Fjurisprudence%2F2008%2Fdecember2008%2F171947-48.htm&ei=gmeGTuHBEIyTiQfDmoSPDw&usg=AFQjCNFl2jm723rnsJ6vmV54pfA9AMNAng -
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Mandaluyong
Linear Parks1 Ferry Station
2 Housing Project (URA)
432 Families were relocated
On-Going Projects
1 Linear Parks247 Families still to be relocated
MakatiLinear Parks
1 Ferry Station1171 Families were relocated
On-Going Projects5 Linear Parks
64 Families still to be relocated
Pasig2 Linear Parks (Pineda & Buting)1373 Families were relocated
On-Going Projects
San Joaquin Ferry StationUnisphere Holdings Inc. to fund and
construct a ferry station in Bo. Ugong,Pasig City.Buting 2 Linear Park
535 Families still to be relocated22
MANILA BAY
The Manila Bay Environmental Management is continuously producing industry-related
management scheme to avoid further damages to the water bodies of nearby tourists attraction and
industries. More projects are still being planned and conceptualized by the board.
Our bodies of water might be at risk at present, but through continuous effort, these
problems are ought to have their solutions. The Philippines is still blessed that despite the odds that
the bodies of water are facing, there are still solutions and options, giving chance to the populaceto protect the environment that they still have at present.
22 Projects for the Pasig River, retrieved fromhttp://www.prrc.com.ph/ , 30 September 2011.
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San Sebastian College
College of Law
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In partial fulfillment for the requirements in Environmental Laws
PREVENTING A DISASTER IN THE MAKING:
THE REHABILITATION OF PASIG RIVER AND MANILA BAY
Submitted by:
GROUP 5
Submitted to:
ATTY. THERESA DIZON