06. MMDA v. Concerned Citizens of Manila Bay, G.R. 171947-48, Dec. 18, 2008

8/19/2019 06. MMDA v. Concerned Citizens of Manila Bay, G.R. 171947-48, Dec. 18, 2008

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Republic of the PhilippinesSUPREME COURT

Manila

EN BANC

G.R. Nos. 171947-48 December 18, 28

METROPO!"TAN MAN"!A DE#E!OPMENT AUT$OR"T%, DEPARTMENTO& EN#"RONMENT AND NATURA! RESOURCES, DEPARTMENT O&EDUCAT"ON, CU!TURE AND SPORTS,1 DEPARTMENT O& $EA!T$,DEPARTMENT O& AGR"CU!TURE, DEPARTMENT O& PUB!"C 'OR(SAND $"G$'A%S, DEPARTMENT O& BUDGET AND MANAGEMENT,P$"!"PP"NE COAST GUARD, P$"!"PP"NE NAT"ONA! PO!"CE MAR"T"MEGROUP, )*+ DEPARTMENT O& T$E "NTER"OR AND !OCA!GO#ERNMENT, petitioners,

vs.CONCERNED RES"DENTS O& MAN"!A BA%, rerese*e+ )*+ o/*e+ b0D"#"NA #. "!AS, SAB"N"ANO A!BARRAC"N, MANUE! SANTOS, R.,D"NA$ DE!A PEA, PAU! DENN"S 3U"NTERO, MA. #"CTOR"A !!ENOS,DONNA CA!OA, &AT"MA 3U"TA"N, #EN"CE SEGARRA, &R"T"ETANG("A, SARA$ OE!!E !"NTAG, $ANN"BA! AUGUSTUS BOB"S,&E!"MON SANT"AGUE!, )*+ A"ME AGUST"N R. OPOSA, respondents.

D E C " S " O N

#E!ASCO, R., J.5

The need to address environmental pollution, as a cause of climate change,has of late gained the attention of the international community. Media havenally trained their sights on the ill eects of pollution, the destruction offorests and other critical habitats, oil spills, and the unabated improperdisposal of garbage. And rightly so, for the magnitude of environmentaldestruction is no on a scale fe ever foresa and the ound no longersimply heals by itself.! "ut amidst hard evidence and clear signs of a climatecrisis that need bold action, the voice of cynicism, naysayers, andprocrastinators can still be heard.

This case turns on government agencies and their o#cers ho, by the natureof their respective o#ces or by direct statutory command, are tas$ed toprotect and preserve, at the rst instance, our internal aters, rivers, shores,and seas polluted by human activities. To most of these agencies and theiro#cial complement, the pollution menace does not seem to carry the highnational priority it deserves, if their trac$ records are to be the norm. Theircavalier attitude toards solving, if not mitigating, the environmental

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pollution problem, is a sad commentary on bureaucratic e#ciency andcommitment.

At the core of the case is the Manila "ay, a place ith a proud historic past,once brimming ith marine life and, for so many decades in the past, a spot

for dierent contact recreation activities, but no a dirty and sloly dyinge%panse mainly because of the ab&ect o#cial indierence of people andinstitutions that could have otherise made a dierence.

This case started hen, on 'anuary !(, 1(((, respondents )oncernedResidents of Manila "ay led a complaint before the Regional Trial )ourt*RT)+ in mus, )avite against several government agencies, among them thepetitioners, for the cleanup, rehabilitation, and protection of the Manila "ay.Ra-ed to "ranch ! and doc$eted as )ivil )ase /o. 1012(( of the RT), thecomplaint alleged that the ater 3uality of the Manila "ay had fallen aybelo the alloable standards set by la, specically Presidential 4ecree /o.

*P4+ 11! or the Philippine 5nvironment )ode. This environmentalaberration, the complaint stated, stemmed from6

% % % 7The8 rec$less, holesale, accumulated and ongoing acts ofomission or commission 7of the defendants8 resulting in the clear andpresent danger to public health and in the depletion and contaminationof the marine life of Manila "ay, 7for hich reason8 A99 defendantsmust be held &ointly and:or solidarily liable and be collectively orderedto clean up Manila "ay and to restore its ater 3uality to class "aters t for simming, s$in2diving, and other forms of contactrecreation.;

n their individual causes of action, respondents alleged that the continuedneglect of petitioners in abating the pollution of the Manila "ay constitutes aviolation of, among others6

*1+ Respondents< constitutional right to life, health, and a balancedecology=

*!+ The 5nvironment )ode *P4 11!+=

*;+ The Pollution )ontrol 9a *P4 (0>+=

*>+ The ?ater )ode *P4 1@+=

*+ The Banitation )ode *P4 0@+=

*@+ The llegal 4isposal of ?astes 4ecree *P4 0!+=

*+ The Marine Pollution 9a *P4 ((+=

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respective duties by devising a consolidated, coordinated andconcerted scheme of action for the rehabilitation and restoration of thebay.

n particular6

4efendant M?BB is directed to install, operate and maintain ade3uate7seerage8 treatment facilities in strategic places under its &urisdictionand increase their capacities.

4efendant 9?LA, to see to it that the ater districts under its ings,provide, construct and operate seage facilities for the proper disposalof aste.

4efendant 45/R, hich is the lead agency in cleaning up Manila "ay,to install, operate and maintain aste facilities to rid the bay of to%ic

and haEardous substances.

4efendant PPA, to prevent and also to treat the discharge not only ofship2generated astes but also of other solid and li3uid astes fromdoc$ing vessels that contribute to the pollution of the bay.

4efendant MM4A, to establish, operate and maintain an ade3uate andappropriate sanitary landll and:or ade3uate solid aste and li3uiddisposal as ell as other alternative garbage disposal system such asre2use or recycling of astes.

4efendant 4A, through the "ureau of Kisheries and A3uatic Resources,to revitaliEe the marine life in Manila "ay and restoc$ its aters ithindigenous sh and other a3uatic animals.

4efendant 4"M, to provide and set aside an ade3uate budget solelyfor the purpose of cleaning up and rehabilitation of Manila "ay.

4efendant 4P?D, to remove and demolish structures and othernuisances that obstruct the free o of aters to the bay. Thesenuisances discharge solid and li3uid astes hich eventually end up inManila "ay. As the construction and engineering arm of the

government, 4P?D is ordered to actively participate in removingdebris, such as carcass of sun$en vessels, and other non2biodegradable garbage in the bay.

4efendant 4CD, to closely supervise and monitor the operations ofseptic and sludge companies and re3uire them to have proper facilitiesfor the treatment and disposal of fecal sludge and seage coming fromseptic tan$s.


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4efendant 45)B, to inculcate in the minds and hearts of the peoplethrough education the importance of preserving and protecting theenvironment.

4efendant Philippine )oast Fuard and the P/P Maritime Froup, to

protect at all costs the Manila "ay from all forms of illegal shing.

/o pronouncement as to damages and costs.

BC CR45R54.

The M?BB, 9ocal ?ater Ltilities Administration *9?LA+, and PPA led beforethe )ourt of Appeals *)A+ individual /otices of Appeal hich ere eventuallyconsolidated and doc$eted as )A2F.R. )J /o. @!0.

Cn the other hand, the 45/R, 4epartment of Public ?or$s and Dighays

*4P?D+, Metropolitan Manila 4evelopment Authority *MM4A+, Philippine)oast Fuard *P)F+, Philippine /ational Police *P/P+ Maritime Froup, and veother e%ecutive departments and agencies led directly ith this )ourt apetition for revie under Rule >. The )ourt, in a Resolution of 4ecember (,!!, sent the said petition to the )A for consolidation ith the consolidatedappeals of M?BB, 9?LA, and PPA, doc$eted as )A2F.R. BP /o. >(>>.

Petitioners, before the )A, ere one in arguing in the main that the pertinentprovisions of the 5nvironment )ode *P4 11!+ relate only to the cleaning ofspecic pollution incidents and do not cover cleaning in general. And apartfrom raising concerns about the lac$ of funds appropriated for cleaning

purposes, petitioners also asserted that the cleaning of the Manila "ay is nota ministerial act hich can be compelled by mandamus.

T6e CA Ss)/*e+ 6e RTC

"y a 4ecision@ of Beptember !0, !, the )A denied petitioners< appeal anda#rmed the 4ecision of the RT) in toto, stressing that the trial court petition on the folloing ground and supporting arguments6

TD5 7)A8 45)454 A HL5BTC/ CK BL"BTA/)5 /CT D5R5TCKCR5PABB54 LPC/ "G TD5 DC/CRA"95 )CLRT, .5., T AKKRM54 TD5 TRA9)CLRT


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ARFLM5/TB

7B5)TC/B8 1 A/4 ! CK 7P48 11! R59AT5 C/9G TC TD5 )95A//F

CK BP5)K) PC99LTC/ /)45/TB A/4 74C8 /CT )CJ5R )95A//F/ F5/5RA9

TD5 )95A//F CR R5DA"9TATC/ CK TD5 MA/9A "AG B /CT AM/BT5RA9 A)T CK P5TTC/5RB TDAT )A/ "5 )CMP59954 "GMA/4AMLB.

The issues before us are to2fold. First , do Bections 1 and ! of P4 11!under the headings, Upgrading of Water Quality and Clean-up Operations,

envisage a cleanup in general or are they limited only to the cleanup ofspecic pollution incidentsN And second, can petitioners be compelled bymandamus to clean up and rehabilitate the Manila "ayN

Cn August 1!, !0, the )ourt conducted and heard the parties on oralarguments.

Or R/*

?e shall rst dell on the propriety of the issuance of mandamus under thepremises.

T6e Ce)*/* or Re6)b//)/o* o: M)*/) B)0C)* be Comee+ b0 M)*+)ms

Fenerally, the rit of mandamus lies to re3uire the e%ecution of a ministerialduty.0 A ministerial duty is one that Ire3uires neither the e%ercise of o#cialdiscretion nor &udgment.I( t connotes an act in hich nothing is left to thediscretion of the person e%ecuting it. t is a Isimple, denite duty arisingunder conditions admitted or proved to e%ist and imposed by la.I1 Mandamus is available to compel action, hen refused, on matters involvingdiscretion, but not to direct the e%ercise of &udgment or discretion one ay or

the other.

Petitioners maintain that the MM4A


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underta$ing feasibility studies and cost estimates, all of hich entail thee%ercise of discretion.

Respondents, on the other hand, counter that the statutory command isclear and that petitioners< duty to comply ith and act according to the clear

mandate of the la does not re3uire the e%ercise of discretion. According torespondents, petitioners, the MM4A in particular, are ithout discretion, fore%ample, to choose hich bodies of ater they are to clean up, or hichdischarge or spill they are to contain. "y the same to$en, respondentsmaintain that petitioners are bereft of discretion on hether or not toalleviate the problem of solid and li3uid aste disposal= in other ords, it isthe MM4A


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others, after the eectivity of the la on Kebruary 1, !1, from using andoperating open dumps for solid aste and disalloing, ve years after sucheectivity, the use of controlled dumps.

The MM4A Any suggestion that the MM4A has the option hether or notto perform its solid aste disposal2related duties ought to be dismissed forant of legal basis.

A perusal of other petitioners< respective charters or li$e enabling statutes

and pertinent las ould yield this conclusion6 these government agenciesare en&oined, as a matter of statutory obligation, to perform certain functionsrelating directly or indirectly to the cleanup, rehabilitation, protection, andpreservation of the Manila "ay. They are precluded from choosing not toperform these duties. )onsider6

*1+ The 45/R, under 5%ecutive Crder /o. *5C+ 1(!,1 is the primary agencyresponsible for the conservation, management, development, and proper useof the country *RA (!+, on the other hand, designates the 45/Ras the primary government agency responsible for its enforcement and

implementation, more particularly over all aspects of ater 3ualitymanagement. Cn ater pollution, the 45/R, under the Act


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a+ Prepare a /ational ?ater Huality Btatus report ithin tenty2four*!>+ months from the eectivity of this Act6 Provided, That the4epartment shall thereafter revie or revise and publish annually, oras the need arises, said report=

b+ Prepare an ntegrated ?ater Huality Management Krameor$ ithintelve *1!+ months folloing the completion of the status report=

c+ Prepare a ten *1+ year ?ater Huality Management Area Action Planithin 1! months folloing the completion of the frameor$ for eachdesignated ater management area. Buch action plan shall berevieed by the ater 3uality management area governing boardevery ve *+ years or as need arises.

The 45/R has prepared the status report for the period !1 to ! and isin the process of completing the preparation of the ntegrated ?ater Huality

Management Krameor$.1@

?ithin telve *1!+ months thereafter, it has tosubmit a nal ?ater Huality Management Area Action Plan.1 Again, li$e theMM4A, the 45/R should be made to accomplish the tas$s assigned to itunder RA (!.

Parenthetically, during the oral arguments, the 45/R Becretary manifestedthat the 45/R, ith the assistance of and in partnership ith variousgovernment agencies and non2government organiEations, has completed, asof 4ecember !, the nal draft of a comprehensive action plan ithestimated budget and time frame, denominated as Operation "lan for t#e$anila %ay Coastal Strategy , for the rehabilitation, restoration, and

rehabilitation of the Manila "ay.

The completion of the said action plan and even the implementation of someof its phases should more than ever prod the concerned agencies to fasttrac$ hat are assigned them under e%isting las.

*!+ The M?BB, under Bec. ; of RA @!;>,10 is vested ith &urisdiction,supervision, and control over all ateror$s and seerage systems in theterritory comprising hat is no the cities of Metro Manila and several tonsof the provinces of RiEal and )avite, and charged ith the duty6

*g+ To construct, maintain, and operate such sanitary seerages asmay be necessary for the proper sanitation and other uses of the citiesand tons comprising the Bystem= % % %

*;+ The 9?LA under P4 1(0 has the poer of supervision and control overlocal ater districts. t can prescribe the minimum standards and regulationsfor the operations of these districts and shall monitor and evaluate localater standards. The 9?LA can direct these districts to construct, operate,

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and furnish facilities and services for the collection, treatment, and disposalof seerage, aste, and storm ater. Additionally, under RA (!, the 9?LA,as attached agency of the 4P?D, is tas$ed ith providing seerage andsanitation facilities, inclusive of the setting up of e#cient and safe collection,treatment, and seage disposal system in the dierent parts of the country.1(

n relation to the instant petition, the 9?LA is mandated to provide seerageand sanitation facilities in 9aguna, )avite, "ulacan, Pampanga, and "ataan toprevent pollution in the Manila "ay.

*>+ The 4epartment of Agriculture *4A+, pursuant to the Administrative )odeof 1(0 *5C !(!+,! is designated as the agency tas$ed to promulgate andenforce all las and issuances respecting the conservation and properutiliEation of agricultural and shery resources. Kurthermore, the 4A, underthe Philippine Kisheries )ode of 1((0 *RA 0+, is, in coordination ith localgovernment units *9FLs+ and other concerned sectors, in charge ofestablishing a monitoring, control, and surveillance system to ensure that

sheries and a3uatic resources in Philippine aters are &udiciously utiliEedand managed on a sustainable basis.!1 9i$eise under RA (!, the 4A ischarged ith coordinating ith the P)F and 45/R for the enforcement ofater 3uality standards in marine aters.!! More specically, its "ureau ofKisheries and A3uatic Resources *"KAR+ under Bec. !!*c+ of RA (! shallprimarily be responsible for the prevention and control of ater pollution forthe development, management, and conservation of the sheries anda3uatic resources.

*+ The 4P?D, as the engineering and construction arm of the nationalgovernment, is tas$ed under 5C !(!!; to provide integrated planning, design,

and construction services for, among others, ood control and aterresource development systems in accordance ith national developmentob&ectives and approved government plans and specications.

n Metro Manila, hoever, the MM4A is authoriEed by Bec. ;*d+, RA (!> toperform metro2ide services relating to Iood control and seeragemanagement hich include the formulation and implementation of policies,standards, programs and pro&ects for an integrated ood control, drainageand seerage system.I

Cn 'uly (, !!, a Memorandum of Agreement as entered into beteen the

4P?D and MM4A, hereby MM4A as made the agency primarilyresponsible for ood control in Metro Manila. Kor the rest of the country,4P?D shall remain as the implementing agency for ood control services. The mandate of the MM4A and 4P?D on ood control and drainage servicesshall include the removal of structures, constructions, and encroachmentsbuilt along rivers, aterays, and esteros *drainages+ in violation of RA !(,P4 1@, and other pertinent las.

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*@+ The P)F, in accordance ith Bec. *p+ of P4 @1, or the Revised )oastFuard 9a of 1(>, and Bec. @ of P4 ((,!> or the Marine Pollution 4ecree of1(@, shall have the primary responsibility of enforcing las, rules, andregulations governing marine pollution ithin the territorial aters of thePhilippines. t shall promulgate its on rules and regulations in accordance

ith the national rules and policies set by the /ational Pollution )ontrol)ommission upon consultation ith the latter for the eectiveimplementation and enforcement of P4 ((. t shall, under Bec. > of the la,apprehend violators ho6

a. discharge, dump % % % harmful substances from or out of any ship,vessel, barge, or any other oating craft, or other man2made structuresat sea, by any method, means or manner, into or upon the territorialand inland navigable aters of the Philippines=

b. thro, discharge or deposit, dump, or cause, suer or procure to be

thron, discharged, or deposited either from or out of any ship, barge,or other oating craft or vessel of any $ind, or from the shore, harf,manufacturing establishment, or mill of any $ind, any refuse matter ofany $ind or description hatever other than that oing from streetsand seers and passing therefrom in a li3uid state into tributary of anynavigable ater from hich the same shall oat or be ashed intosuch navigable ater= and

c. deposit % % % material of any $ind in any place on the ban$ of anynavigable ater or on the ban$ of any tributary of any navigable ater,here the same shall be liable to be ashed into such navigable ater,

either by ordinary or high tides, or by storms or oods, or otherise,hereby navigation shall or may be impeded or obstructed or increasethe level of pollution of such ater.

*+ ?hen RA @( or the 4epartment of the nterior and 9ocal Fovernment*49F+ Act of 1(( as signed into la on 4ecember 1;, 1((, the P/PMaritime Froup as tas$ed to Iperform all police functions over thePhilippine territorial aters and rivers.I Lnder Bec. 0@, RA @(, the policefunctions of the P)F shall be ta$en over by the P/P hen the latter ac3uiresthe capability to perform such functions. Bince the P/P Maritime Froup hasnot yet attained the capability to assume and perform the police functions of

P)F over marine pollution, the P)F and P/P Maritime Froup shall coordinateith regard to the enforcement of las, rules, and regulations governingmarine pollution ithin the territorial aters of the Philippines. This asmade clear in Bec. 1!>, RA 0 or the Philippine Kisheries )ode of 1((0, inhich both the P)F and P/P Maritime Froup ere authoriEed to enforce saidla and other shery las, rules, and regulations.!



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*0+ n accordance ith Bec. ! of 5C 1;, the PPA is mandated Ito establish,develop, regulate, manage and operate a rationaliEed national port system insupport of trade and national development.I!@ Moreover, Bec. @2c of 5C 1;states that the PPA has police authority ithin the ports administered by it asmay be necessary to carry out its poers and functions and attain its

purposes and ob&ectives, ithout pre&udice to the e%ercise of the functions of the "ureau of )ustoms and other la enforcement bodies ithin the area.Buch police authority shall include the folloing6

% % % %

b+ To regulate the entry to, e%it from, and movement ithin the port, of persons and vehicles, as ell as movement ithin the port ofatercraft.!

9astly, as a member of the nternational Marine CrganiEation and a signatory

to the nternational )onvention for the Prevention of Pollution from Bhips, asamended by MARPC9 ;:0,!0 the Philippines, through the PPA, must ensurethe provision of ade3uate reception facilities at ports and terminals for thereception of seage from the ships doc$ing in Philippine ports. Thus, the PPAis tas$ed to adopt such measures as are necessary to prevent the dischargeand dumping of solid and li3uid astes and other ship2generated astes intothe Manila "ay aters from vessels doc$ed at ports and apprehend theviolators. ?hen the vessels are not doc$ed at ports but ithin Philippineterritorial aters, it is the P)F and P/P Maritime Froup that have &urisdictionover said vessels.

*(+ The MM4A, as earlier indicated, is duty2bound to put up and maintainade3uate sanitary landll and solid aste and li3uid disposal system as ellas other alternative garbage disposal systems. t is primarily responsible forthe implementation and enforcement of the provisions of RA (;, hichould necessary include its penal provisions, ithin its area of &urisdiction.!(

Among the prohibited acts under Bec. >0, )hapter J of RA (; that arefre3uently violated are dumping of aste matters in public places, such asroads, canals or esteros, open burning of solid aste, s3uatting in opendumps and landlls, open dumping, burying of biodegradable or non2biodegradable materials in ood2prone areas, establishment or operation of

open dumps as en&oined in RA (;, and operation of aste managementfacilities ithout an environmental compliance certicate.

Lnder Bec. !0 of the Lrban 4evelopment and Dousing Act of 1((! *RA !(+,eviction or demolition may be alloed Ihen persons or entities occupydanger areas such as esteros, railroad trac$s, garbage dumps, riverban$s,shorelines, aterays, and other public places such as sideal$s, roads,par$s and playgrounds.I The MM4A, as lead agency, in coordination ith the

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Cne of the country. This la stresses that the Btate shallpursue a policy of economic groth in a manner consistent ith theprotection, preservation, and revival of the 3uality of our fresh, brac$ish, andmarine aters. t also provides that it is the policy of the government, among

others, to streamline processes and procedures in the prevention, control,and abatement of pollution mechanisms for the protection of aterresources= to promote environmental strategies and use of appropriateeconomic instruments and of control mechanisms for the protection of aterresources= to formulate a holistic national program of ater 3ualitymanagement that recogniEes that issues related to this management cannotbe separated from concerns about ater sources and ecological protection,ater supply, public health, and 3uality of life= and to provide acomprehensive management program for ater pollution focusing onpollution prevention.

Thus, the 4"M shall then endeavor to provide an ade3uate budget to attainthe noble ob&ectives of RA (! in line ith the country


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charged against the persons and:or entities responsible for suchpollution.

?hen the )lean ?ater Act *RA (!+ too$ eect, its Bec. 1@ on the sub&ect,o, amended the counterpart provision *Bec. !+ of the 5nvironment )ode *P4

11!+. Bec. 1 of P4 11! continues, hoever, to be operational.

The amendatory Bec. 1@ of RA (! reads6

B5). 1@. Cleanup Operations.OO/otithstanding the provisions ofBections 1 and !@ hereof, any person ho causes pollution in orpollutes ater bodies in e%cess of the applicable and prevailingstandards shall be responsible to contain, remove and clean up anypollution incident at his on e%pense to the e%tent that the sameater bodies have been rendered unt for utiliEation and benecialuse6 Provided, That in the event emergency cleanup operations are

necessary and the polluter fails to immediately underta$e the same,the 745/R8 in coordination ith other government agencies concerned,shall underta$e containment, removal and cleanup operations.5%penses incurred in said operations shall be reimbursed by thepersons found to have caused such pollution under properadministrative determination % % %. Reimbursements of the costincurred shall be made to the ?ater Huality Management Kund or tosuch other funds here said disbursements ere sourced.

As may be noted, the amendment to Bec. ! of the 5nvironment )ode ismore apparent than real since the amendment, insofar as it is relevant to

this case, merely consists in the designation of the 45/R as lead agency inthe cleanup operations.

Petitioners contend at every turn that Becs. 1 and ! of the 5nvironment)ode concern themselves only ith the matter of cleaning up in specicpollution incidents, as opposed to cleanup in general. They aver that the tinprovisions ould have to be read alongside the succeeding Bec. @!*g+ and*h+, hich denes the terms Icleanup operationsI and Iaccidental spills,I asfollos6

g. )lean2up Cperations 7refer8 to activities conducted in removing the

pollutants discharged or spilled in ater to restore it to pre2spillcondition.

h. Accidental Bpills 7refer8 to spills of oil or other haEardous substancesin ater that result from accidents such as collisions and groundings.

Petitioners proer the argument that Becs. 1 and ! of P4 11! merelydirect the government agencies concerned to underta$e containment,


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removal, and cleaning operations of a specic polluted portion or portions ofthe body of ater concerned. They maintain that the application of said Bec.! is limited only to Iater pollution incidents,I hich are situations thatpresuppose the occurrence of specic, isolated pollution events re3uiring thecorresponding containment, removal, and cleaning operations. Pushing the

point further, they argue that the afore3uoted Bec. @!*g+ re3uires IcleanupoperationsI to restore the body of ater to pre2spill condition, hich meansthat there must have been a specic incident of either intentional oraccidental spillage of oil or other haEardous substances, as mentioned inBec. @!*h+.

As a counterpoint, respondents argue that petitioners erroneously read Bec.@!*g+ as delimiting the application of Bec. ! to the containment, removal,and cleanup operations for accidental spills only. )ontrary to petitioners<posture, respondents assert that Bec. @!*g+, in fact, even e%panded thecoverage of Bec. !. Respondents e%plain that ithout its Bec. @!*g+, P4

11! may have indeed covered only pollution accumulating from the day2to2day operations of businesses around the Manila "ay and other sources ofpollution that sloly accumulated in the bay. Respondents, hoever,emphasiEe that Bec. @!*g+, far from being a delimiting provision, in fact evenenlarged the operational scope of Bec. !, by including accidental spills asamong the ater pollution incidents contemplated in Bec. 1 in relation toBec. ! of P4 11!.

To respondents, petitioners< parochial vie on environmental issues, coupledith their narro reading of their respective mandated roles, has contributedto the orsening ater 3uality of the Manila "ay. Assuming, respondents

assert, that petitioners are correct in saying that the cleanup coverage ofBec. ! of P4 11! is constricted by the denition of the phrase IcleanupoperationsI embodied in Bec. @!*g+, Bec. 1 is not hobbled by such limitingdenition. As pointed out, the phrases Icleanup operationsI and IaccidentalspillsI do not appear in said Bec. 1, not even in the chapter here saidsection is found.

Respondents are correct. Kor one thing, said Bec. 1 does not in any aystate that the government agencies concerned ought to conne themselvesto the containment, removal, and cleaning operations hen a specicpollution incident occurs. Cn the contrary, Bec. 1 re3uires them to act even

in the absence of a specic pollution incident, as long as ater 3uality Ihasdeteriorated to a degree here its state ill adversely aect its best usage.I This section, to stress, commands concerned government agencies, henappropriate, Ito ta$e such measures as may be necessary to meet theprescribed ater 3uality standards.I n ne, the underlying duty to upgradethe 3uality of ater is not conditional on the occurrence of any pollutionincident.


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Kor another, a perusal of Bec. ! of the 5nvironment )ode, as couched,indicates that it is properly applicable to a specic situation in hich thepollution is caused by polluters ho fail to clean up the mess they leftbehind. n such instance, the concerned government agencies shallunderta$e the cleanup or$ for the polluters< account. Petitioners< assertion,

that they have to perform cleanup operations in the Manila "ay only henthere is a ater pollution incident and the erring polluters do not underta$ethe containment, removal, and cleanup operations, is 3uite o mar$. Asearlier discussed, the complementary Bec. 1 of the 5nvironment )odecomes into play and the specic duties of the agencies to clean up come ineven if there are no pollution incidents staring at them. Petitioners, thus,cannot plausibly invo$e and hide behind Bec. ! of P4 11! or Bec. 1@ of RA(! on the prete%t that their cleanup mandate depends on the happeningof a specic pollution incident. n this regard, hat the )A said ith respectto the impasse over Becs. 1 and ! of P4 11! is at once valid as it ispractical. The appellate court rote6 IP4 11! aims to introduce a

comprehensive program of environmental protection and management. Thisis better served by ma$ing Becs. 1 Q ! of general application rather thanlimiting them to specic pollution incidents.I;

Franting arguendo that petitioners< position thus described vis22vis theimplementation of Bec. ! is correct, they seem to have overloo$ed the factthat the pollution of the Manila "ay is of such magnitude and scope that it isell2nigh impossible to dra the line beteen a specic and a generalpollution incident. And such impossibility e%tends to pinpointing ithreasonable certainty ho the polluters are. ?e note that Bec. ! of P4 11!mentions Iater pollution incidentsI hich may be caused by polluters in the

aters of the Manila "ay itself or by polluters in ad&oining lands and in aterbodies or aterays that empty into the bay. Bec. 1@ of RA (!, on theother hand, specically adverts to Iany person ho causes pollution in orpollutes ater bodies,I hich may refer to an individual or an establishmentthat pollutes the land mass near the Manila "ay or the aterays, such thatthe contaminants eventually end up in the bay. n this situation, the aterpollution incidents are so numerous and involve nameless and facelesspolluters that they can validly be categoriEed as beyond the specic pollutionincident level.

/ot to be ignored of course is the reality that the government agencies

concerned are so undermanned that it ould be almost impossible toapprehend the numerous polluters of the Manila "ay. t may perhaps not beamiss to say that the apprehension, if any, of the Manila "ay polluters hasbeen fe and far beteen. Dence, practically nobody has been re3uired tocontain, remove, or clean up a given ater pollution incident. n this $ind ofsetting, it behooves the Fovernment to step in and underta$e cleanupoperations. Thus, Bec. 1@ of RA (!, previously Bec. ! of P4 11!, coversfor all intents and purposes a general cleanup situation.



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The cleanup and:or restoration of the Manila "ay is only an aspect and theinitial stage of the long2term solution. The preservation of the ater 3ualityof the bay after the rehabilitation process is as important as the cleaningphase. t is imperative then that the astes and contaminants found in therivers, inland bays, and other bodies of ater be stopped from reaching the

Manila "ay. Ctherise, any cleanup eort ould &ust be a futile, cosmetice%ercise, for, in no time at all, the Manila "ay ater 3uality ould againdeteriorate belo the ideal minimum standards set by P4 11!, RA (!,and other relevant las. t thus behooves the )ourt to put the heads of thepetitioner2department2agencies and the bureaus and o#ces under them oncontinuing notice about, and to en&oin them to perform, their mandates andduties toards cleaning up the Manila "ay and preserving the 3uality of itsater to the ideal level. Lnder hat other &udicial discipline describes asIcontinuing mandamus,I;@ the )ourt may, under e%traordinarycircumstances, issue directives ith the end in vie of ensuring that itsdecision ould not be set to naught by administrative inaction or

indierence. n ndia, the doctrine of continuing mandamus as used toenforce directives of the court to clean up the length of the Fanges Riverfrom industrial and municipal pollution.;

The )ourt can ta$e &udicial notice of the presence of shanties and otherunauthoriEed structures hich do not have septic tan$s along the Pasig2Mari$ina2Ban 'uan Rivers, the /ational )apital Region */)R+ *ParaSa3ue2apote, 9as PiSas+ Rivers, the /avotas2Malabon2Tullahan2Tene&eros Rivers,the Meycuayan2Marilao2Cbando *"ulacan+ Rivers, the Talisay *"ataan+ River,the mus *)avite+ River, the 9aguna 4e "ay, and other minor rivers andconnecting aterays, river ban$s, and esteros hich discharge their

aters, ith all the accompanying lth, dirt, and garbage, into the ma&orrivers and eventually the Manila "ay. f there is one factor responsible for thepollution of the ma&or river systems and the Manila "ay, these unauthoriEedstructures ould be on top of the list. And if the issue of illegal orunauthoriEed structures is not seriously addressed ith sustained resolve,then practically all eorts to cleanse these important bodies of ater ouldbe for naught. The 45/R Becretary said as much.;0

Fiving urgent dimension to the necessity of removing these illegal structuresis Art. 1 of P4 1@ or the ?ater )ode,;( hich prohibits the building ofstructures ithin a given length along ban$s of rivers and other aterays.

Art. 1 reads6

T6e b)*=s o: r//6/* ) ?o*e o:6ree @ meers /* rb)* )re)s, tenty *!+ meters in agriculturalareas and forty *>+ meters in forest areas, along their margins, aresbec o 6e e)seme* o: b/c se /* 6e /*eres o:recre)/o*, *)


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erso* s6) be )o>e+ o s)0 /* 6/s ?o*e longer than hat isnecessary for recreation, navigation, oatage, shing or salvage or ob/+ srcres o: )*0 =/*+. *5mphasis added.+

'udicial notice may li$eise be ta$en of factories and other industrial

establishments standing along or near the ban$s of the Pasig River, otherma&or rivers, and connecting aterays. "ut hile they may not be treatedas unauthoriEed constructions, some of these establishments undoubtedlycontribute to the pollution of the Pasig River and aterays. The 49F andthe concerned 9FLs, have, accordingly, the duty to see to it that non2complying industrial establishments set up, ithin a reasonable period, thenecessary aste ater treatment facilities and infrastructure to prevent theirindustrial discharge, including their seage aters, from oing into thePasig River, other ma&or rivers, and connecting aterays. After such period,non2complying establishments shall be shut don or as$ed to transfer theiroperations.

At this &uncture, and if only to dramatiEe the urgency of the need forpetitioners2agencies to comply ith their statutory tas$s, e cite the Asian4evelopment "an$2commissioned study on the garbage problem in MetroManila, the results of hich are embodied in the e 'ar(age %oo) . As therereported, the garbage crisis in the metropolitan area is as alarming as it isshoc$ing. Bome highlights of the report6

1. As early as !;, three land2lled dumpsites in Metro Manila 2 thePayatas, )atmon and Rodri3ueE dumpsites 2 generate an alarming3uantity of lead and leachate or li3uid run2o. 9eachate are to%ic

li3uids that o along the surface and seep into the earth and poisonthe surface and groundater that are used for drin$ing, a3uatic life,and the environment.

!. The high level of fecal coliform conrms the presence of a largeamount of human aste in the dump sites and surrounding areas,hich is presumably generated by households that lac$ alternatives tosanitation. To say that Manila "ay needs rehabilitation is anunderstatement.

;. Most of the deadly leachate, lead and other dangerous contaminants

and possibly strains of pathogens seeps untreated into ground aterand runs into the Mari$ina and Pasig River systems and Manila "ay.>

Fiven the above perspective, su#cient sanitary landlls should no morethan ever be established as prescribed by the 5cological Bolid ?asteManagement Act *RA (;+. Particular note should be ta$en of the blatantviolations by some 9FLs and possibly the MM4A of Bec. ;, reproducedbelo6



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Bec. ;. "ro#i(ition against t#e Use of Open *u+ps for Solid Waste.OO/o open dumps shall be established and operated, nor any practice ordisposal of solid aste by any person, including 9FLs hich7constitute8 the use of open dumps for solid aste, be alloed after theeectivity of this Act6 Provided, further that *o co*roe+ +ms

s6) be )o>e+ @ 0e)rs :oo>/* 6e eec/0 of RA (;,li$e littering, dumping of aste matters in roads, canals, esteros, and otherpublic places, operation of open dumps, open burning of solid aste, and the

li$e. Bome sludge companies hich do not have proper disposal facilitiessimply discharge sludge into the Metro Manila seerage system that ends upin the Manila "ay. 53ually unabated are violations of Bec. ! of RA (!,hich en&oins the pollution of ater bodies, groundater pollution, disposalof infectious astes from vessels, and unauthoriEed transport or dumpinginto sea aters of seage or solid aste and of Becs. > and 1! of RA 0hich proscribes the introduction by human or machine of substances to thea3uatic environment including Idumping:disposal of aste and other marinelitters, discharge of petroleum or residual products of petroleum ofcarbonaceous materials:substances 7and other8 radioactive, no%ious orharmful li3uid, gaseous or solid substances, from any ater, land or air

transport or other human2made structure.I

n the light of the ongoing environmental degradation, the )ourt ishes toemphasiEe the e%treme necessity for all concerned e%ecutive departmentsand agencies to immediately act and discharge their respective o#cial dutiesand obligations. ndeed, time is of the essence= hence, there is a need to settimetables for the performance and completion of the tas$s, some of them asdened for them by la and the nature of their respective o#ces andmandates.

The importance of the Manila "ay as a sea resource, playground, and as a

historical landmar$ cannot be over2emphasiEed. t is not yet too late in theday to restore the Manila "ay to its former splendor and bring bac$ theplants and sea life that once thrived in its blue aters. "ut the tas$s ahead,daunting as they may be, could only be accomplished if those mandated,ith the help and cooperation of all civic2minded individuals, ould put theirminds to these tas$s and ta$e responsibility. This means that the Btate,through petitioners, has to ta$e the lead in the preservation and protection of the Manila "ay.


21/31

The era of delays, procrastination, and ad #oc measures is over. Petitionersmust transcend their limitations, real or imaginary, and buc$le don to or$before the problem at hand becomes unmanageable. Thus, e mustreiterate that dierent government agencies and instrumentalities cannotshir$ from their mandates= they must perform their basic functions in

cleaning up and rehabilitating the Manila "ay. ?e are disturbed bypetitioners< hiding behind to untenable claims6 *1+ that there ought to be aspecic pollution incident before they are re3uired to act= and *!+ that thecleanup of the bay is a discretionary duty.

RA (; is a seeping piece of legislation enacted to radically transform andimprove aste management. t implements Bec. 1@, Art. of the 1(0)onstitution, hich e%plicitly provides that the Btate shall protect andadvance the right of the people to a balanced and healthful ecology inaccord ith the rhythm and harmony of nature.

Bo it as that in Oposa v. Factoran, Jr. the )ourt stated that the right to abalanced and healthful ecology need not even be ritten in the )onstitutionfor it is assumed, li$e other civil and political rights guaranteed in the "ill ofRights, to e%ist from the inception of man$ind and it is an issue oftranscendental importance ith intergenerational implications.>1 5venassuming the absence of a categorical legal provision specically proddingpetitioners to clean up the bay, they and the men and omen representingthem cannot escape their obligation to future generations of Kilipinos to $eepthe aters of the Manila "ay clean and clear as humanly as possible.Anything less ould be a betrayal of the trust reposed in them.

'$ERE&ORE, the petition is DEN"ED. The Beptember !0, ! 4ecision ofthe )A in )A2F.R. )J /o. @!0 and BP /o. >(>> and the Beptember 1;,!! 4ecision of the RT) in )ivil )ase /o. 1012(( are A&&"RMED but ithMOD"&"CAT"ONS in vie of subse3uent developments or superveningevents in the case. The fallo of the RT) 4ecision shall no read6

?D5R5KCR5, &udgment is hereby rendered ordering the abovenameddefendant2government agencies to clean up, rehabilitate, and preserveManila "ay, and restore and maintain its aters to B" level *)lass "sea aters per ?ater )lassication Tables under 45/R AdministrativeCrder /o. ;> 71((8+ to ma$e them t for simming, s$in2diving, and

other forms of contact recreation.

n particular6

*1+ Pursuant to Bec. > of 5C 1(!, assigning the 45/R as the primary agencyresponsible for the conservation, management, development, and proper useof the country


22/31

enforcement and implementation, the 45/R is directed to fully implement itsOperational "lan for t#e $anila %ay Coastal Strategy for the rehabilitation,restoration, and conservation of the Manila "ay at the earliest possible time.t is ordered to call regular coordination meetings ith concernedgovernment departments and agencies to ensure the successful

implementation of the aforesaid plan of action in accordance ith itsindicated completion schedules.

*!+ Pursuant to Title *9ocal Fovernment+ of the Administrative )ode of1(0 and Bec. ! of the 9ocal Fovernment )ode of 1((1,>! the 49F, ine%ercising the President; of the Philippine 5nvironment )ode *P4 11!+, shall direct all 9FLs inMetro Manila, RiEal, 9aguna, )avite, "ulacan, Pampanga, and "ataan toinspect all factories, commercial establishments, and private homes alongthe ban$s of the ma&or river systems in their respective areas of &urisdiction,

such as but not limited to the Pasig2Mari$ina2Ban 'uan Rivers, the /)R*ParaSa3ue2apote, 9as PiSas+ Rivers, the /avotas2Malabon2Tullahan2 Tene&eros Rivers, the Meycauayan2Marilao2Cbando *"ulacan+ Rivers, the Talisay *"ataan+ River, the mus *)avite+ River, the 9aguna 4e "ay, and otherminor rivers and aterays that eventually discharge ater into the Manila"ay= and the lands abutting the bay, to determine hether they haveasteater treatment facilities or hygienic septic tan$s as prescribed bye%isting las, ordinances, and rules and regulations. f none be found, these9FLs shall be ordered to re3uire non2complying establishments and homesto set up said facilities or septic tan$s ithin a reasonable time to preventindustrial astes, seage ater, and human astes from oing into these

rivers, aterays, esteros, and the Manila "ay, under pain of closure orimposition of nes and other sanctions.

*;+ As mandated by Bec. 0 of RA (!,>; the M?BB is directed to provide,install, operate, and maintain the necessary ade3uate aste ater treatmentfacilities in Metro Manila, RiEal, and )avite here needed at the earliestpossible time.

*>+ Pursuant to RA (!,>> the 9?LA, through the local ater districts and incoordination ith the 45/R, is ordered to provide, install, operate, andmaintain seerage and sanitation facilities and the e#cient and safe

collection, treatment, and disposal of seage in the provinces of 9aguna,)avite, "ulacan, Pampanga, and "ataan here needed at the earliestpossible time.

*+ Pursuant to Bec. @ of RA 0,> the 4A, through the "KAR, is ordered toimprove and restore the marine life of the Manila "ay. t is also directed toassist the 9FLs in Metro Manila, RiEal, )avite, 9aguna, "ulacan, Pampanga,

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23/31

and "ataan in developing, using recogniEed methods, the sheries anda3uatic resources in the Manila "ay.

*@+ The P)F, pursuant to Becs. > and @ of P4 ((, and the P/P MaritimeFroup, in accordance ith Bec. 1!> of RA 0, in coordination ith each

other, shall apprehend violators of P4 ((, RA 0, and other e%isting lasand regulations designed to prevent marine pollution in the Manila "ay.

*+ Pursuant to Becs. ! and @2c of 5C 1;>@ and the nternational )onventionfor the Prevention of Pollution from Bhips, the PPA is ordered to immediatelyadopt such measures to prevent the discharge and dumping of solid andli3uid astes and other ship2generated astes into the Manila "ay atersfrom vessels doc$ed at ports and apprehend the violators.

*0+ The MM4A, as the lead agency and implementor of programs andpro&ects for ood control pro&ects and drainage services in Metro Manila, in

coordination ith the 4P?D, 49F, aected 9FLs, P/P Maritime Froup,Dousing and Lrban 4evelopment )oordinating )ouncil *DL4))+, and otheragencies, shall dismantle and remove all structures, constructions, and otherencroachments established or built in violation of RA !(, and otherapplicable las along the Pasig2Mari$ina2Ban 'uan Rivers, the /)R*ParaSa3ue2apote, 9as PiSas+ Rivers, the /avotas2Malabon2Tullahan2 Tene&eros Rivers, and connecting aterays and esteros in Metro Manila. The4P?D, as the principal implementor of programs and pro&ects for oodcontrol services in the rest of the country more particularly in "ulacan,"ataan, Pampanga, )avite, and 9aguna, in coordination ith the 49F,aected 9FLs, P/P Maritime Froup, DL4)), and other concerned

government agencies, shall remove and demolish all structures,constructions, and other encroachments built in breach of RA !( and otherapplicable las along the Meycauayan2Marilao2Cbando *"ulacan+ Rivers, the Talisay *"ataan+ River, the mus *)avite+ River, the 9aguna 4e "ay, and otherrivers, connecting aterays, and esteros that discharge asteater intothe Manila "ay.

n addition, the MM4A is ordered to establish, operate, and maintain asanitary landll, as prescribed by RA (;, ithin a period of one *1+ yearfrom nality of this 4ecision. Cn matters ithin its territorial &urisdiction andin connection ith the discharge of its duties on the maintenance of sanitary

landlls and li$e underta$ings, it is also ordered to cause the apprehensionand ling of the appropriate criminal cases against violators of the respectivepenal provisions of RA (;,> Bec. ! of RA (! *the )lean ?ater Act+, andother e%isting las on pollution.

*(+ The 4CD shall, as directed by Art. @ of P4 1@ and Bec. 0 of RA (!,ithin one *1+ year from nality of this 4ecision, determine if all licensedseptic and sludge companies have the proper facilities for the treatment and



24/31

disposal of fecal sludge and seage coming from septic tan$s. The 4CD shallgive the companies, if found to be non2complying, a reasonable time ithinhich to set up the necessary facilities under pain of cancellation of itsenvironmental sanitation clearance.

*1+ Pursuant to Bec. ; of P4 11!,>0

Bec. 110 of RA 0, and Bec. @ of RA(;,>( the 4ep5d shall integrate lessons on pollution prevention, astemanagement, environmental protection, and li$e sub&ects in the schoolcurricula of all levels to inculcate in the minds and hearts of students and,through them, their parents and friends, the importance of their duty toardachieving and maintaining a balanced and healthful ecosystem in the Manila"ay and the entire Philippine archipelago.

*11+ The 4"M shall consider incorporating an ade3uate budget in theFeneral Appropriations Act of !1 and succeeding years to cover thee%penses relating to the cleanup, restoration, and preservation of the ater

3uality of the Manila "ay, in line ith the country


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RENATO C. CORONAAssociate 'ustice

CONC$"TA CARP"O MORA!ESAssociate 'ustice

ADO!&O S. ACUNAAssociate 'ustice

DANTE O. T"NGAAssociate 'ustice

M"N"TA #. C$"CO-NAAR"OAssociate 'ustice

ANTON"O EDUARDO B. NAC$URAAssociate 'ustice

RUBEN T. RE%ESAssociate 'ustice

TERES"TA . !EONARDO-DECASTRO

Associate 'ustice

ARTURO D. BR"ONAssociate 'ustice

CERT"&"CAT"ON

Pursuant to Bection 1;, Article J of the )onstitution, it is hereby certiedthat the conclusions in the above 4ecision ere reached in consultationbefore the case as assigned to the riter of the opinion of the )ourt.

RE%NATO S. PUNO)hief 'ustice

&oo*oes

1 /o the 4epartment of 5ducation *4ep5d+.

! Fore, An nconvenient Truth 1@1.

; Rollo, p. >.

> d. at ;.

d. at 1(21!;. Penned by 5%ecutive 'udge 9ucenito /. Tagle *noretired )ourt of Appeals 'ustice+.

@ d. at >20. Penned by Associate 'ustice 5lieEer R. 4e 9os Bantos andconcurred in by Associate 'ustices 5ugenio B. 9abitoria and 'ose ).Reyes, 'r.

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26/31

d. at !.

0 Angchangco, 'r. v. Cmbudsman, F.R. /o. 1!!!0, Kebruary 1;, 1((,!@0 B)RA ;1, ;@.

(

"lac$+.1 9amb v. Phipps, !! Phil. >@, >( *1(1!+.

11 F.R. /o. 1@!, March , !, 1 B)RA @, as subse3uentlyreiterated on Kebruary 1;, !0.

1! RA (; as approved on 'anuary !@, !1.

1; ! Keria /oche, )ivil Procedure Annotated.

1>

"lac$+.1 IProviding for the ReorganiEation of the 745/R8, Renaming it as the4epartment of 5nvironment and /atural Resources, and for CtherPurposes.I

1@ Per 45/R Becretary 'ose AtienEa, the 45/R is preparing an 5C forthe purpose. TB/ of oral arguments, p. 110.

1 Per information from the ?ater Huality Management Bection,5nvironmental Management "ureau, 45/R, as validated by the 45/R

Becretary during the oral arguments. TB/, pp. 11(21!.

10 IAn Act )reating the 7M?BB8 and 4issolving the /ational ?ateror$sand Beerage Authority 7/A?ABA8= and for Cther Purposes.I

1( Bec. !!. 9in$age Mechanism.OOThe 745/R8 and its concernedattached agencies % % % shall coordinate and enter into agreement ithother government agencies, industrial sector and other concernedsectors in the furtherance of the ob&ectives of this Act. The folloingagencies shall perform tile functions specied hereunder6

% % % %

b+ 4P?D through its attached agencies, such as the M?BB,9?LA, and including other urban ater utilities for the provisionor seerage and sanitation facilities and the e#cient and safecollection, treatment and disposal of seage ithin their area of &urisdiction.

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! "oo$ J, Title J, Bec. !.

!1 Bec. 1>. Monitoring )ontrol and Burveillance of the Philippine?aters.OOA monitoring, control and surveillance system shall beestablished by the 74A8 in coordination ith 9FLs and other agencies

concerned to ensure that the sheries and a3uatic resources in thePhilippine aters are &udiciously and isely utiliEed and managed on asustainable basis % % %.

!! Bec. !!. 9in$age Mechanism.OO% % % %

a+ Philippine )oast Fuard in coordination ith 4A and 45/R shallenforce for the enforcement of ater 3uality standards in marineaters % % % specically from oshore sources=

% % % %

c+ 4A, shall coordinate ith the 45/R, in the formulation ofguidelines % % % for the prevention, control and abatement ofpollution from agricultural and a3uaculture activities % % %Provided, further, That the % % % "KAR of the 4A shall be primarilyresponsible for the prevention and control of ater pollution forthe development, management and conservation of the sheriesand a3uatic resources.

!; "oo$ J, Title J, Bec. !. Mandate.OOThe 74P?D8 shall be the Btate


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*0+ Provide an integrated planning for % % % ood control andater resource and ater resource development systems % % %.

!> Bec. @. 5nforcement and mplementation.OThe 7P)F8 shall have theprimary responsibility of enforcing the las, rules and regulations

governing marine pollution. Doever, it shall be the &oint responsibilityof the 7P)F8 and the /ational Pollution )ontrol )ommission tocoordinate and cooperate ith each other in the enforcement of theprovisions of this decree and its implementing rules and regulations,and may call upon any other government o#ce, instrumentality oragency to e%tend every assistance in this respect.

! Bec. 1!>. Persons and 4eputies AuthoriEed to 5nforce this )ode % %%.OThe la enforcements of the 74A8, the Philippine /avy, 7P)F, P/P8,P/P2Maritime )ommand % % % are hereby authoriEed to enforce this)ode and other shery las % % %.

!@ Uhttp6::.ppa.com.phV *visited /ovember !, !0+.

! 5C 1;, IReorganiEing the Philippine Ports Authority,I Bec. ! providesfurther6

Bection @ is hereby amended by adding a ne paragraph to read asfollos6

Bec. @2c. Police Authority.O% % % Buch police authority shallinclude the folloing6

% % % %

c+ To maintain peace and order inside the port, in coordinationith local police authorities=

% % % %

e+ To enforce rules and regulations promulgated by the Authoritypursuant to la.

!0 International )onvention for the Prevention of Marine Pollution fromBhips, 1(; as modied by the Protocol of 1(0 Relating Thereto.I

!( Bec. 1. Role of 9FLs in Bolid ?aste Management.OOPursuant to therelevant provisions of RA /o. 1@, otherise $non as the 9ocalFovernment )ode, the 9FLs shall be primarily responsible for theimplementation and enforcement of the provisions of this Act ithintheir respective &urisdictions.

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; Bec. !. Scope of Supervision of t#e *epart+ent .OOThe approval ofthe Becretary or his duly authoriEed representative is re3uired in thefolloing matters6

% % % %

*g+ Method of disposal of sludge from septic tan$s or othertreatment plants.

;1 Bec. .1.1.a. t shall be unlaful for any person, entity or rm todischarge untreated e-uent of septic tan$s and:or seage treatmentplants to bodies of ater ithout obtaining approval from the Becretaryof Dealth or his duly authoriEed representatives.

;! Bec. ;. 5nvironmental 5ducation.OOThe 74ep5d8 shall integratesub&ects on environmental education in its school curricula at all levels.

t shall also endeavor to conduct special community educationemphasiEing the relationship of man and nature as ell asenvironmental sanitation and practices.

;; Bec. @. 5nvironmental 5ducation in the Kormal and /onformalBectors.OOThe national government, through the 74ep5d8 and incoordination ith concerned government agencies, /FCs and privateinstitutions, shall strengthen the integration of environmental concernsin school curricula at all levels, ith particular emphasis on the theoryand practice of aste management principles li$e aste minimiEation,specically resource conservation and recovery, segregation at source,

reduction, recycling, re2use, and composing, in order to promoteenvironmental aareness and action among the citiEenry.

;> Title J, Bec. 1. 4eclaration of Policy.OOThe national budget shall beformulated and implemented as an instrument of nationaldevelopment, reective of national ob&ectives and plans= supportive ofand consistent ith the socio2economic development plans andoriented toards the achievement of e%plicit ob&ectives and e%pectedresults, to ensure that the utiliEation of funds and operations ofgovernment entities are conducted eectively= formulated ithin theconte%t of a regionaliEed governmental structure and ithin the totality

of revenues and other receipts, e%penditures and borroings of alllevels of government and of government2oned or controlledcorporations= and prepared ithin the conte%t of the national long2termplans and budget programs of the Fovernment.

; ollo, p. @.

;@ ineet /arain v. Union of India, 1 B)) !!@ *1((0+.

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; $.C. $e#ta v. Union of India, > B) >@; *1(0+.

;0 TB/, p. 1!1.

;( Repealed Art. @;0 of the )ivil )ode. See 5.9. Pineda, Property ;((

*1(((+.> Asian 4evelopment "an$, The Farbage "oo$ >>2> */ovember!@+.

>1 F.R. /o. 110;, 'uly ;, 1((;, !!> B)RA (!, 0.

>! Bec. !. /ational Bupervision over 9ocal Fovernment Lnits.OO*a+)onsistent ith the basic policy on local autonomy, the President shalle%ercise general supervision over local government units to ensurethat their acts are ithin the scope of their prescribed poers and

functions.>; Bec. 0. 4omestic Beage )ollection, Treatment and 4isposal.OO?ithinve *+ years folloing the eectivity of this Act, the Agency vested toprovide ater supply and seerage facilities and:or concessionaires inMetro Manila and other highly urbaniEed cities *DL)s+ as dened in7RA8 1@, in coordination ith 9FLs, shall be re3uired to connect thee%isting seage line found in all subdivisions, condominiums,commercial centers, hotels, sports and recreational facilities, hospitals,mar$et places, public buildings, industrial comple% and other similarestablishments including households to available seerage system.

Provided, That the said connection shall be sub&ect to seerageservices charge:fees in accordance ith e%isting las, rules orregulations unless the sources had already utiliEed their on seeragesystem6 Provided, further, That all sources of seage and septage shallcomply ith the re3uirements herein.

>> Bupra note 1(.

> Bec. @. Kunctions of the "ureau of Kisheries and A3uaticResources.OOAs a line bureau, the "KAR shall have the folloingfunctions6

% % % %

3. assist the 9FLs in developing their technical capability in thedevelopment, management, regulation, conservation, andprotection of shery resources=

% % % %

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s. perform such other related function hich shall promote thedevelopment, conservation, management, protection andutiliEation of sheries and a3uatic resources.

>@ Bupra notes !@ Q !.

> Among the prohibited and penaliEed acts under Bec. >0 of RA (;are6 *1+ littering and dumping of aste matters in public places= *!+open burning of solid astes= *;+ s3uatting in open dumps and landlls=*>+ transporting and dumping in bul$ of collected domestic, industrial,commercial and institutional astes in areas other than centers andfacilities prescribed under the Act= *+ construction or operation ofaste management facilities ithout an 5nvironmental )ompliance)erticate= and *@+ construction or operation of landlls or any astedisposal facility on any a3uifer, groundater reservoir or atershedarea.

>0 Bupra note ;!.

>( Bupra note ;;.
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06. MMDA v. Concerned Citizens of Manila Bay, G.R. 171947-48, Dec. 18, 2008

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Transcript of 06. MMDA v. Concerned Citizens of Manila Bay, G.R. 171947-48, Dec. 18, 2008