A few years from now, Manila Bay will be very different. We will sit and watch the famous sunset a little earlier, as the sun disappears behind skyscrapers rather than sink into the sea.
A slew of reclamation projects are ready to be undertaken, from the proposed airport at Sangley Point to the whole stretch of coast from Bacoor to Parañaque to the City of Manila. A long bridge is even proposed to link Cavite and Bataan. Over the next few years, the Bay will be shrinking.
Reclamation is expensive. But land prices in Mega Manila, population pressure and increasing opportunities for property developers to make profit are all pushing the reclamation projects forward.
Years ago, after writing critically of the move to reclaim more land from the Bay, I was rewarded with a long briefing given by an engineer working for one of the reclamation proponents. Having no training in engineering, I could only ask the most pedestrian questions. The blueprints he had included a plan to host massive cruise ships right next to the proposed hotels built on reclaimed land.
For instance, I asked the engineer if the proposed reclamation projects would cause the city to flood. On the contrary, he said, the projects will enhance drainage of the city streets and reduce vulnerability to flooding.
To this day, I never ceased wondering how reclamation of hundreds (maybe thousands) of hectares from the Bay might solve our flooding problems. It always seemed commonsensical to me that a free flowing Bay should drain the city better. But maybe I was being too old-fashioned.
The many reclamation projects proposed for Manila Bay moved with the political circumstances. Joseph Estrada, when he was mayor of Manila, was enthused by the possibilities offered by the reclamation projects, especially the revenues they might bring to an otherwise dying city. Rodrigo Duterte, while he was president, frowned on reclaiming from the Bay and would hear none of the proposals.
The city governments of Parañaque and Bacoor are committed to joint venture arrangements covering their part of the Bay. They are asserting their rights over those of national government policy over claiming the sea.
Today, it seems, the wind is blowing in favor of reclamation, helped by somewhat magical turns of events.
Contested
Earlier this year, Makati Judge Benjamin Pozon issued a decision rendering null and void the joint venture between the City of Manila and property developer Waterfront Manila Premier. This proposed joint venture involved reclaiming a whopping 318 hectares of Manila Bay.
In declaring the joint venture null and void, Judge Pozon in his 225-page April decision ruled the deal did not undergo competitive public bidding and failed to secure NEDA approval. It was defective from the start.
Last July, however, Judge Pozon retired. He was replaced by Judge Rommel Baybay as presiding judge of Branch 139. In just over a week since assuming the post, Judge Baybay produced a 25-page decision that set aside and vacated Judge Pozon’s ruling.
Baybay’s decision overturning that of his predecessor declared the Pozon ruling to be “premature.” The Office of the President, said the new presiding judge, needed to be included in the case as an “indispensable party.” This seems odd, considering the Philippine Reclamation Authority (PRA) has been party to this deal.
Things began moving with indecent haste since Judge Pozon retired.
On Aug. 18, Joseph John Literal, assistant general manager at the PRA, wrote Waterfront Manila Premier informing the developer that the deadline for the payment of the regulatory fee and the balance of the Social Environment Fund has been extended. The developer is now given the leeway to begin work on their reclamation project. The PRA cites the reversal of Judge Pozon’s ruling on the matter – still subject to a motion for reconsideration.
The matter might have escaped public scrutiny were it not for the objections of another group aggrieved by the rush of events. Lawyers for Asian Seas Resources and Construction Development Corporation (ASSERCO) wrote the PRA last Aug. 22 contesting the letter issued by Literal.
ASSERCO, according to media reports, is backed by another large property development company. Its own application for a reclamation project in the same area as the Waterfront project the PRA had set aside earlier. The company’s lawyers questioned the authority of the assistant general manager to give Waterfront the go-ahead for the project. They wanted verification of the action of the PRA Board on the matter.
Other parties have likewise questioned the PRA’s haste. The agency’s Board is composed of appointees of former president Duterte. As a matter of courtesy, it is usual courtesy for holdover boards to cede major decisions to their appointed successors.
From the reversal of the original court ruling on the joint venture to the PRA’s haste in getting the project started, it does appear that certain powerful interests are hurrying to seal the deal. For better or for worse, however, the matter will not be rushed.
The reversal of Judge Pozon’s ruling will be contested in court. The actual PRA Board action will have to be verified and documented.
There will be enough time for other stakeholders, especially those opposing further reclamation of Manila Bay, to be involved. Those hurrying to seal the deal precisely wanted to avoid public scrutiny of the proposed joint venture.
Bringing public attention to the events of the past few weeks relating to this particular joint venture will hopefully lead to a better-considered policy on reclamation.