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Arroyo: Clean up Manila bay now

Cabinet told to comply with high court ruling

By Tarra Quismundo, Norman Bordadora, Christian V. Esguerra
Philippine Daily Inquirer
First Posted 01:26:00 08/25/2009

Filed Under: Environmental Issues, Judiciary (system of justice), Government offices & agencies, Waste Management & Pollution Control

MANILA, Philippines?President Gloria Macapagal-Arroyo wants her Cabinet officials to immediately comply with a Supreme Court order to clean up Manila Bay, Malacañang said Monday.

Anthony Golez, deputy presidential spokesperson, said the officials would be asked why they had failed to help rehabilitate Manila Bay.

The matter, which was raised before the high court by an environmental lawyer, would most likely be discussed at Tuesday?s Cabinet meeting, according to Golez.

?The Supreme Court has already ruled regarding this matter, so we urge all agencies involved to comply with the order,? Golez said at a media briefing.

He reminded the Cabinet officials of Ms Arroyo?s ?commitment? to the environment.

Lawyer Tony Oposa Monday filed an urgent motion with the high court to cite 10 heads of government agencies in contempt of court after the officials failed to submit a progress report on their roles in the cleanup every 90 days.

Oposa identified the Cabinet officials as Interior Secretary Ronaldo Puno, Health Secretary Francisco Duque III, Agriculture Secretary Arthur Yap, Public Works Secretary Hermogenes Ebdane Jr., Budget Secretary Rolando Andaya and Education Secretary Jesli Lapus.

Oposa also wanted Jojo Allado of the Metropolitan Waterworks and Sewerage System, and the heads of the Philippine Coast Guard, Philippine Ports Authority and Maritime Police to be cited in contempt of court.

Ebdane said he had yet to see documents ordering the Department of Public Works and Highways (DPWH) to take part in the Manila Bay cleanup.

He, nevertheless, welcomed Oposa?s motion. ?That would be good because we could all sit down and talk about the problem,? he said.

Duque and Puno denied that the agencies under them had not complied with the Supreme Court order.

Duque memo

Duque said the high court had directed the Department of Health (DoH) to determine if all licensed septic tank and sludge companies have the proper facilities for the treatment and disposal of fecal sludge from septic tanks.

In a statement, Duque said he had sent out a memorandum to regional health directors dated Feb. 2 directing the officials to undertake actions ?to ensure the strict compliance of all septic and sludge companies as required by the Code on Sanitation of the Philippines.?

The Department of Interior and Local Government (DILG) said it had issued orders for local governments to adopt sanitation measures and penalize violators.

Puno has required officials of bayside localities to implement cleanup measures and inspect residences, commercial establishments and factories to prevent waste from further polluting the bay, the DILG said in a statement.

DILG spokesperson Brian Yamsuan said the Bureau of Local Government Supervision finished a draft Manila Bay Action Plan back on June 10.

Once implemented, the action plan would require local governments in the Calabarzon region to form oversight committees and deploy inspection teams for bay cleanliness, and hold talks with community leaders and environment groups. The region is composed of the provinces of Cavite, Laguna Batangas, Rizal and Quezon.

Puno also ordered DILG officials on Aug. 12 to create a national database of factories, commercial establishments and homes along the bay ?to determine whether they have wastewater-treatment facilities or hygienic-septic tanks to prevent industrial wastes, sewage water and human waste from flowing into the rivers, waterways, esteros and the Manila Bay.?

Concerned citizens

Oposa said no compliance report was submitted by the agencies more than 200 days after the Supreme Court ordered the cleanup when it ruled on the case of the Concerned Citizens of Manila Bay v. MMDA, et al.

?To show to the world, and to all and sundry, that the Honorable Court is truly committed, it must wield, if necessary its powers of enforcement by citing the heads of these noncompliant government agencies in contempt of court,? he said.

Unacceptable

He said the failure of the officials to file the required reports ?despite the lapse of an unreasonably long period of time is totally unacceptable.?

Only the Department of Environment and Natural Resources (DENR) and Metro Manila Development Authority (MMDA) have submitted reports to the high court on what they are doing to clean up the bay.

Oposa also asked the tribunal that the officials be detained at the New Bilibid Prisons in Muntinlupa City or at the Manila City Jail until they take action to clean up Manila Bay and submit a progress report.

Some agencies, such as the DoH, have not ignored the ruling but their efforts were not known to the public, according to Golez.

Desludging operators

Duque said that on March 31, the DoH met with the chief sanitation officers of local government units and with septic tank desludging operators in Metro Manila to ?orient? them on the DoH rules for the collection, handling, transport, treatment and disposal of domestic sludge and sewage.

He said regional health offices were also coordinating with LGUs in monitoring private desludging operators, which are required to secure an environmental sanitation clearance from the DoH.

Unanimous decision

In an en banc unanimous decision last December, the Supreme Court came up with specific orders to the MMDA, DENR and the other agencies for a coordinated cleanup, restoration and preservation of the ?sea resource, playground and? historical landmark.?

?To most of these agencies and their official complement, the pollution menace does not seem to carry the high national priority it deserves, if their track records are to be the norm,? read the decision penned by Justice Presbitero Velasco.

The tribunal upheld with modification the decisions of the Regional Trial Court in Imus, Cavite, and the Court of Appeals that required the agencies to perform tasks that would lead to the coordinated cleanup of the bay.

For instance, the high court ordered the DENR to fully implement its Operational Plan for the Manila Bay Coastal Strategy for the rehabilitation, restoration of the bay.

The DILG was told to ensure that all homes and establishments that lie on river systems in Metro Manila, Rizal, Laguna, Cavite, Bulacan, Pampanga and Bataan have wastewater-treatment facilities or hygienic-septic tanks.

The MMDA and the DPWH were directed to dismantle all structures and encroachments on rivers, waterways and esteros (creeks) leading to Manila Bay.

?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 waters,? the decision said. With reports from Marlon Ramos and Dona Pazzibugan



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