Likasyaman 2013 Midyear

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Protected Areas Wildlife Coastal Zone Management Services Official Newsletter of the REFORMING THE SYSTEM P R O T E C T E D A R E A S , W I L D L I F E A N D C O A S T A L Z O N E M A N A G E M E N T S E R V I C E D E N R - N C R L I K A SY AMAN Issue No. 2 March-July 2013 Page 2 PAWCZMS launches own DILIMAN, QUEZON CITY - Regional Technical Director Donna Mayor Gordove proudly announced to the public the launching of PAWCZMS’s Facebook Fan Page and blogsite. Speaking before guests and other environment officials during the commencement exercises of DENR-NCR employees who have completed the course on Public Service Excellence, Ethics and Accountability Program (PSEEAP) last July 5, 2013, RTD Gordove invited the audience to visit the web pages for updates on PAWCZMS and its divisions/offices. Issues of Likasyaman are also posted on PAWCZMS’s facebook page and web blog. SPECIAL FEATURE The Manila Bay case Operational Plan for the Manila Bay Coastal Strategy 2011-2015 The Manila Bay Site Coordinating Office-NCR: Helping to save Manila Bay Find us and like us on Facebook at https://www.facebook.com/PAWCZMS Facebook Fan Page

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Transcript of Likasyaman 2013 Midyear

  • Protected Areas Wildlife Coastal Zone Management ServicesOfficial Newsletter of the

    REFORMING THE SYSTEM

    PRO

    TECT

    ED A

    REAS

    , WILD

    LIFE AND C

    OASTAL ZONE MANAGEMENT SERVICE

    DENR-NCR LIK ASYAMAN Issue No. 2 March-July 2013

    Page 2

    PAWCZMS launches own

    DILIMAN, QUEZON CITY - Regional Technical Director Donna Mayor Gordove proudly announced to the public the launching of PAWCZMSs Facebook Fan Page and blogsite.

    Speaking before guests and other environment officials during the commencement exercises of DENR-NCR employees who have

    completed the course on Public Service Excellence, Ethics and Accountability Program (PSEEAP) last July 5, 2013, RTD Gordove invited the audience to visit the web pages for updates on PAWCZMS and its divisions/offices.

    Issues of Likasyaman are also posted on PAWCZMSs facebook page and web blog.

    SPECIAL FEATURE

    The Manila Bay case Operational Plan for the

    Manila Bay Coastal Strategy 2011-2015

    The Manila Bay Site Coordinating Office-NCR: Helping to save Manila Bay Find us and like us on Facebook at

    https://www.facebook.com/PAWCZMS

    Facebook Fan Page

  • LikasYaman Issue No. 2, March-July, 2013

    Reforming the system

    n a letter dated July 23, 2013, DENR Undersecretary for Field Operations Demetrio L. Ignacio Jr., congratulated Regional Executive Director Neria A. Andin and the entire DENR-

    National Capital Region family for significant gains in the governance reform agenda of PNoys administration.

    Citing the good performance ratings of the regional office, Usec. Ignacio enjoined RED Andin to keep up the good work even while reminding her of the need to address areas which need improvement, more particularly on client satisfaction for which weve only managed to get a modest 78% rating from the Civil Service Commission (CSC).

    Now, we here at PAWCZMS take pride on being a customer-driven office. But our CSC rating, passable as it is, would seem to bely this claim. If anything, it raises a red flag.

    But long before the results of the surveys were out anyhow, RED Andin has been tirelessly reminding us of the need to improve on and enrich our relationship with the public. We need to disabuse ourselves of the idea, she says, that we have a monopoly on environmental issues and matters because, in reality, we do not. Indeed, while we enjoy as a government entity exclusive authority on certain areas of environmental governance (in policymaking and regulations for example), we should be wary of the fact that our legal mandate is being hotly contested, directly or indirectly, if not by civil society organizations (CSOs) then by other government offices who are similarly claiming expertise and authority on environmental governance. Easily, one think of groups like Greenpeace and Eco-Waste Coalition doing what should we, as regulators, should be doing.

    Facing such competition, we need to stay relevant; and to stay relevant, we need to continually redefine not only our image as public officers but, conversely, our conception of the public in our project and programs.

    On this, RED Andin has given us several leads to follow, chief amongst which is her suggestion to junk altogether the patron-client mentality that we have been long accustomed with and, in its place, adopt a service provider-customer outlook.

    We need to carefully shy away that is, from the practice of regarding the public as clients or as someone who use and will continue to use the services that the divisions and offices of DENR-NCR and PAWCZMS offers no matter what. We live not in a vacuum, Regional Technical Director for PAWCZMS Donna Mayor-Gordove pitches in, taking note of the existence of other organizations more than willing to perform our defined tasks and functions and the services that we provide.

    But more important than staying relevant, a change of heart on our notion of the public as customer should, above all, reflect our understanding of and commitment to our democratic ideals because, in the order of things, the customer is seen as a necessary step towards the eventual progression of the public into citizens.

    Needless to say, the client-based outlook runs contrary to the purpose of instituting reforms in the government. The term client, to begin with, is suggestive of a type of relationship that borders on dependency. A dependent client, of course, is the last thing a cash-strapped and resource scarce government will ever want, specially if it wants to harness the help of the people in nation building. On another level, to think of the public as a client is to think of them as mere passive recipients of the assistance and

    support it gets from government offices. He or she has little say, if any at all, on the quality, quantity, and timeliness of the service offered to them by the office. This situation, of course, is ripe for corruption and exploitation as the public officer has more than the opportunity to take advantage of it. At this point, the public officer can hold the client hostage.

    That this type of relationship should develop in government is by no means an accident. In reality, this is borne out by the system, as with the belief that government is the better organization to solve our social ills.

    But that is not how the original founders of the modern political state saw things should be. From Thomas Hobbes to John Locke, and more recently to John Rawls and David Gauthier, all saw government as necessarily based on a social contract. And under such contract, citizen Juan and Maria have every right to demand from the government quality service; otherwise, they are free to withdraw their consent or support from the government and said regime loses its legitimacy accordingly.

    In regular conditions, this withdrawal of support is usually expressed thru popular opinion as validated by performance rating surveys such as the Anti-Red Tape Act (ARTA) Watch. During elections, public opinion is said to be communicated via votes. Either ways, government officials receive praise or flak from the public they serve based on their performance.

    Recent ventures on electronic governance (e-governance) nonetheless promises to change the way things are, even at least initially at the level of public service delivery.

    On this account, PAWCZMS is continuously trying to make headways. Already, it is on the process of simplifying access to information about its programs and activities by establishing its presence on the internet. To start with, we have launched our own Facebook Fan Page and blogsite to provide our customers updates about our projects and programs. Plans on making applications and registration of wildlife under Republic Act No. 9147 possible on-line are also on the pipeline.

    These innovations are expected to change our existing organizational structure, one that would slowly transform the formal, highly regimented and hierarchical organization of the agency to one that is decentralized and responsive to the demands of the public.

    (Continue on Page 4)

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  • LikasYaman Issue No. 2, March-July, 2013

    (Please turn to Page 4)

    The Manila Bay case

    Manila Bay is a vast body of water with a surface area of about 1,800 square kilometers. Regarded as one of the finest harbor in the world, it was once the source of national pride. Today, however, the bay is heavily polluted with domestic sewage, toxic industrial effluents from factories and shipping operations, leachate from garbage dumps, and runoff from chemical agriculture.

    Acting on a petition, the Supreme Court (SC) in 2008 issued a writ of Continuing Mandamus against eleven (11) executive government departments and agencies.

    In particular, the SC directed all concerned government agencies to clean up, rehabilitate, and preserve Manila Bay, and restore and maintain its waters to SB level (Class B sea waters per Water Classification Tables under DENR Administrative Order No. 34) to make them fit for swimming, skin-diving, and other forms of contact recreation.

    The SCs edict stemmed from a civil suit originally lodged at Branch 20 of the Imus, Cavite Regional Trial Court (RTC).

    Concerned residentsIn 1999, a group calling themselves Concerned Residents of Manila Bay filed a petition for mandamus against the Metropolitan Manila Development Authority (MMDA); the Department of Environment and Natural Resources (DENR); Department of Education, Culture and Sports (DECS); Department of Health (DOH); Department of Agriculture (DA); Department of Public Works and Highways (DPWH); Department of Budget and Management (DBM); Philippine Coast Guard (PCG); Philippine National Police Maritime Group; and the Department of Interior and

    Local Government (DILG).

    Worried about the deteriorating condition and dying legacy of Manila Bay, the group decried what they claimed as reckless, wholesale, accumulated and ongoing acts of omission of said government agencies and asked the court to hold these agencies, jointly and solidarily, liable for the mess that is Manila Bay today. Likewise, they prayed for the issuance of an order directing the respondents to clean up, rehabilitate and protect Manila Bay from further degradation.

    Big and formidable as their legal foes were, the efforts of

    the complainants were not wasted though as both the trial and appellate court sided with them, in 2002 and 2005 respectively. Then came the SC decision and all their hard work came into full fruition.

    Supreme Court MandamusA mandamus, according to Blacks Legal Dictionary (9th Ed.), is a writ issued by a court to compel performance of a particular act by a lower court or a governmental officer or body, usually to correct a prior action or failure to act. Often, the particular act being ordered executed is ministerial in nature, an act which, explains the magistrates, nothing is left to the discretion of the person executing it. It is a simple, definite duty arising under conditions admitted or proved to exist and imposed by law.

    Hailed as a landmark decision in the area of environmental legislation, the mandamus in effect puts the heads of the agencies concerned under the SCs supervision in a continuing open-ended arrangement (or as SC Justice Presbitero Velasco explains, as long as something remains to be done in terms of cleaning, rehabilitating and

    Operational Plan for the Manila Bay Coastal Strategy 2011-2015The Operational Plan for the Manila Bay Coastal Strategy (OPMBCS) is a translation of the Manila Bay Coastal Strategy (MBCS).

    The MBCS is a result of extensive consultations with the various stakeholders of Manila Bay. It has adopted, as its vision for Manila Bay, a clean, wholesome, and productive ecosystem, a center for socio-economic development, and a natural heritage nurtured by Filipino values towards a better quality of life for present and future generations.

    In 2005, the MBCS was translated into the OPMBCS, a set of action plans and programs based on identified priority areas of concern.

    The OPMBCS entails the integration of practical lessons learned in the course of the implementation of the Manila Bay Environmental Management Project (MBEMP). It

    addresses priority issues on water pollution, habitats and resources, and partnership and governance.

    In December 18, 2008 the Supreme Court came out with a decision on the case of MMDA v. Concerned Residents of Manila Bay (G.R. No. 171947-78, 574 SCRA 661, 670-671). Apart from issuing a Writ of Continuing Mandamus to respondent-government agencies, the high court also instructed the DENR to fully implement the OPMBCS especially in relation to its order to rehabilitate, restore, and conserve Manila Bay.

    In the course of its implementation however, it has been noted that minimal efforts have been undertaken. Based on the assessment done by the Manila Bay Advisory Committee (MBAC) on the quarterly reports submitted by the mandamus agencies, there

    were issues/concerns raised that the defendant agencies have to address, chief amongst which is the absence of a standard format to facilitate objective reviews and verification of the accomplishments.

    As a result of the assessment made by the MBAC and to be able to come-up with a cohesive OPMBCS, the Supreme Court gave a directive to the DENR to take the lead in the review and updating of the initial plan, including the time plan and the rationalization of the OPMBCS priority actions and reporting systems. The result of the said review is the updated OPMBCS 2011-2015.

    The updated OPMBCS and acknowledges the valuable contributions of partner stakeholder agencies. As such, it has been designed to be dynamic, subject to change and improvement in the

    course of its implementation to better address the three (3) important and immediate priorities, namely; solid waste management; liquid and septic waste management, and informal settlers along the waterways. The updated plan also identified projects and activities that have immediate impact in areas covering the major river systems.

    Among the more novel innovations in the updated OPMBCS is its employment of the ecosystem-based management (EMB) planning and monitoring mechanisms. In this scheme, management arrangements are based on the needs of the ecosystems, rather than upon political or administrative expediency. With such practices, especially at the level of upland and coastal communities, participatory, integrative and cooperative approaches are brought into full play.

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  • LikasYaman Issue No. 2, March-July, 2013

    Even so, these changes are not expected to happen overnight or without some glitches, here and there. History provides us with many examples of revolutions and counter-revolutions and the expected changes, if not guided by able leaders, may not come at all. Fortunately, we have RED Andin and RTD Donna to steer the boat while we row in unison.

    Uncharted as the waters may be to the future, we are at least assured that we are not aimlessly heading out in the rough seas.

    Indeed, there remains much room for improvement but, as we have proven in the past, we are not the type who backs out of challenges. For now, what is important is that all systems are ago.

    preserving the bay).

    Manila Bay Advisory CommitteeFor the purpose of monitoring the performance of the assigned tasks of defendant-agencies and to verify their accomplishments, the SC formed the Manila Bay Advisory Committee (MBAC).

    Chaired by Justice Velasco, he is joined by former DENR Secretary Elisea Gozun, former DENR Undersecretary Dean Antonio La Via and former University of the Philippines Marine Science Institute Director Dr. Gil Jacinto in the committee.

    The MBAC has been regularly meeting since then. It receives and evaluates quarterly reports of the mandamus agencies and prepares recommendations to the SC. If approved, the recommendation acquires the force and effect of an SC Resolution.

    Legal reformsThe effect of the mandamus however is not limited to the executive branch. As a result of the Manila Bay case, the SC has likewise implemented appropriate changes in its rules.

    In its recently issued Rules of Procedure for Environmental Cases, Justice Velasco said that the SC has codified the Writ of Continuing Mandamus as one of the critical principal remedies that may be sought in environmental cases. As a special civil action, the Writ of Continuing Mandamus may

    be availed of to require the performance of an act or a seriesof acts decreed by final judgment which shall remain effective until judgment is fully satisfied.

    As expressly stated, the writ shall be issued only against a government agency or instrumentality or officer to perform its ministerial functions and duties under existing laws in connection with the enforcement or violation of an environment law or regulations.

    The petition for a writ of continuing mandamus may be filed with the RTC, the Court of Appeals or with the SC. And save for the SC, no court can issue a temporary restraining order or injunction against lawful government actions that enforce environmental laws or prevent violations thereof.Payment of docket fees, moreover, is not required. The hearing court, under the Rules, is only given six (6) months from date of filing to decide on the petition.

    Finally, under the rules, the court is allowed to retain post judgment jurisdiction to ensure the successful implementation of the reliefs decreed under its decision. In other words, the court may, by a directive to be included in the judgment, compel the submission of periodic reports from the responding government agencies as well as avail of other medium to monitor compliance with its decision.

    ...The Manila Bay Case(Cont. from page 3)

    MBSCMO-NCRHelping to save Manila Bay

    In its decision on the case of MMDA v. Concerned Residents of Manila Bay (G.R. No. 171947-78, 574 SCRA 661, 670-671), the Supreme Court designated the DENR as lead agency in devising a consolidated, coordinated and concerted scheme of action for the rehabilitation and restoration of Manila Bay.

    In response,the DENR created the Manila Bay Coordinating Office (MBCO). Headed by Dir. Noel Antonio V. Gaerlan, is tasked to coordinate the implementation of the OPMBCS as well as reporting the accomplishments of the mandamus agencies to the Manila Bay Advisory Committee (MBAC), a body created by the SC in early 2009 to receive and evaluate the reports.

    At the regional level, the Site Coordinating Council (SCC) was established. The council is composed of Local Government Units (LGUs) in the Manila Bay area, the mandamus National Government Agencies (NGAs) represented by its respective regional directors, the private sector, and various stakeholder representatives.

    Organizing and coordinating the activities of the SCC in the National Capital Region (NCR) is the Manila Bay Site Coordinating Management Office-NCR (MBSCMO).

    Chaired by DENR-NCR Regional Executive Director Neria A. Andin, the MBSCMO is attached to the Protected Areas, Wildlife and Coastal Zone Management Service (PAWCZMS).

    Members of the SCC-NCR, thru the MBSCMO-NCR, have been regularly meeting. In 2012 the MBSCMO-NCR began holding workshops in preparation of the coordinated action plan of the region. In keeping with the revised OPMBCS strategy framework, the 17 LGUs of the region were organized according to the three major river systems that drain in Manila Bay. These are the PAMARISAN (Pasig-Marikina-San Juan river); the MANATUTE (Malabon-Navotas-Tullahan-Tenejeros river); and, the PARLASPIZAP (Paraaque-Las Pias-Zapote) river system.

    Within each river systems, on the other hand, member LGUs are asked to prepare action plans on four major concerns, i.e., (1) Solid Wastes; (2) Liquid Wastes; (3) Informal Settler Families; and, (4) Habitats and Resources restoration. Presently, the SCC-NCR is crafting its action plans for 2013-2016.

    Regional Technical Director for PAWCZMS Donna Mayor-Gordove is seen discussing with LGU representatives to the SCC-NCR during its planning workshop last July 23-26, 2013.

    Editorial BoardTERESA S. SALANGUIT

    Chief, CMMDREY M.T. AGUINALDO

    Manager, LPPCHEAPRIMO R. CAPISTRANO

    Chief, PAWD

    Managing EditorCHRISTOPHER C. VILLARIN

    DENR-NCR Production Nursery, North Ave., Diliman, Quezon City. Tel. No.

    Editorial AdviserRED NERIA A. ANDIN, CESO III

    Editorial DirectorRTD DONNA MAYOR-GORDOVE

    LIKASYAMAN Official newsletter of PAWCZMS/DENR-NCR

    ...Reforming the system(Cont. from page 2)

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