Manila Bay cleanup

In 1999, concerned citizens of Manila filed a complaint before the Regional Trial Court of Imus, Cavite against several government agencies for the cleanup, rehabilitation and protection of Manila Bay.

They alleged that the water quality of Manila Bay had fallen way below the allowable standards set by law.

They claim that the continued neglect of different government agencies such as the MMDA, DENR, DECS, DOH, DA, DPWH, DBM, Coast Guard, PNP Maritime Group and DILG in abating the pollution of Manila Bay constitutes a violation of several laws and even the Constitution.

In 2002, the RTC ordered the said government agencies to clean up and rehabilitate Manila Bay and restore its waters to make it fit for swimming, skin-diving, and other forms of contact recreation.

On appeal, the Court of Appeals affirmed the ruling of the trial court, saying that the lower court did not require these government agencies to do tasks outside of their usual basic functions under existing laws.

These agencies brought the matter before the Supreme Court saying among others that the cleaning or rehabilitation of Manila Bay is not a ministerial act that can be compelled by mandamus.

On Dec. 18, 2008, the Supreme Court issued a writ of continuing mandamus as it affirmed the CA and the lower court and ordered 13 government agencies to clean up, rehabilitate, and preserve Manila Bay and restore and maintain its waters to SB level to make them fit for swimming, skin-diving, and other forms of contact recreation.

These 13 agencies include the DENR as the lead agency, DILG, DepEd, DOH, DA, DPWH, DBM, Coast Guard, PNP Maritime Group, PPA, MMDA, MWSS and LWUA.

Many years later, on Jan. 27, 2019, then DENR secretary Roy Cimatu officially declared the start of the Manila Bay rehabilitation. Phase One of the rehabilitation covers the cleaning up of designated esteros and waterways, start of the relocation of informal settlers, among others. Phase Two entails the rehabilitation of old sewer lines in the National Capital Region, relocation of informal settlers while Phase Three includes sustained law enforcement and monitoring, earlier completion of the sewerage system in Metro Manila.

There was nothing in the Supreme Court mandamus, or in any of the subsequent government issuances, that prohibited reclamation activities in Manila Bay.

A number of reclamation projects had since then been approved by the Philippine Reclamation Authority (PRA) after having obtained the required permits, including clearances from the DENR. Some of these projects have started while some have yet to commence.

Then came a statement from the US Embassy in Manila expressing grave apprehension about the effects of ongoing reclamation projects in Manila Bay, including issues involving the environment such as flooding.

Their press attache also expressed concern about reclamation projects that have links to China Communications Construction Co. which has been added to the US Department of Commerce’s entity list for its role in helping the Chinese military construct and militarize artificial islands in the South China Sea. The same Chinese company, he said, has also been cited by the World Bank and the Asian Development Bank for engaging in fraudulent business practices.

It has been reported that it is the Gatchalian family’s Manila Waterfront Reclamation Project which has tapped this allegedly blacklisted Chinese company as project contractor.

Then came a statement from the DENR saying that all reclamation projects in Manila Bay are suspended, with about 22 projects being evaluated pending a cumulative impact assessment.

According to DENR Secretary Toni Yulo-Loyzaga, they were acting on the verbal declaration of President Marcos who said that the shore along Roxas Boulevard could disappear due to the projects that were approved during the Duterte administration.

There are still conflicting figures on the total number of reclamation projects, with the PRA saying there are only 13 in Manila Bay and the DENR saying there are 22 projects, 15 of which are in the National Capital Region and seven in CALABARZON.

Yulo-Loyzaga has said that all these developments may hamper DENR’s task in complying with the Supreme Court writ of continuing mandamus for the DENR to help rehabilitate Manila Bay.

Those who are pushing for the lifting of the suspension on rehabilitation activities are now saying that the DENR issued the environment compliance certificates (ECC) and area clearances for all these Manila Bay reclamation projects precisely because these projects are not inconsistent with the Supreme Court continuing mandamus for the rehabilitation of Manila Bay.

They said that no less than Cimatu signed the area clearances for these projects.

The ECCs issued meanwhile provide for effective mitigation measures to prevent or minimize any temporary deterioration of water quality during the implementation of the reclamation projects.

Meanwhile, proponents of these reclamation projects are also saying that the suspension has no legal basis.

While the Supreme Court ordered the DENR as lead agency to fully implement the Operational Plan for the Manila Bay Coastal Strategy (OPMBCS) for the rehabilitation, restoration, and conservation of Manila Bay, this OPMBCS recommended only the regulation, not a ban, on reclamation in Manila Bay, particularly on reclamation in mangrove areas and mudflats which are marine sanctuaries. But none of these projects can be covered by any moratorium because they are not located in any mangrove, mudflat or marine habitat or fish sanctuary, they said.

They also pointed out that these reclamation projects are consistent with the SC’s order for the agriculture department and Bureau of Fisheries to improve and restore marine life since most of the proponents in partnership with LGUs have committed to establish mangrove corridors in the reclaimed islands and fish sanctuaries in the water channels between the reclaimed islands.

They added that these reclamation projects may even hasten the cleanup of Manila Bay since they will have to dredge and remove tons of wastes and silt that have accumulated at the bottom of the sea in the project sites. And these massive cleanup projects will be undertaken at zero cost to the government, they said.

In addition, the reclamation projects will have sewerage treatment plants in every reclaimed island to ensure that waste water will be treated and will not adversely affect the water quality in Manila Bay, they noted.

These proponents have also insisted that these projects have the required notices to proceed and commence from the PRA, ECCs and area clearances from the DENR, letters of no objection from other government agencies.

Many of the project proponents, after having obtained the necessary clearances, have already spent huge funds and resources only to be asked to stop their reclamation activities due to a distorted view of the current DENR administration of the directive from the Supreme Court? Or was it because the US Embassy sounded the alarm?

The suspension also came even after the DENR itself guaranteed that these projects are safe for the environment when it issued the required ECCs.

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