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representatives from the following member of timely information and support from different
agencies: government agencies.
Department of Environment and Natural The national government operates through more
Resources, to include the Mines and than twenty executive departments and
Geosciences Bureau (MGB) and specialized agencies to deliver basic services
National Mapping and Resource and implement national policies, programs and
Information Authority (Namria) projects including agencies responsible for
environment and natural resources, public
DILG works, transportation and communication, trade
and industry, economic and development
DSWD
planning, etc.
OCD The President of the Philippines has the mandate
of control over all the executive departments,
What happens: At this stage, officials from
member-agencies assess the potential impact of bureaus, and offices. This includes restructuring,
a hazard and plan how to move ahead. reconfiguring, and appointments of their
respective officials. The Administrative Code
Here, agencies determine the appropriate level also provides for the President to be responsible
of response from government at the national and for the abovementioned offices’ strict
local levels. Action plans are usually based on implementation of laws.
historical data from past emergencies and
possible scenarios and risks. LGUs are also The President of the Philippines has the power
assumed to have crafted disaster response and
to give executive issuances, which are means to
management plans.
streamline the policy and programs of an
administration.
At this point, plans should include actions
needed for minimum preparedness, response, 1) The DENR, under Executive Order No. (EO)
and contingency planning. These should be 192,[15] is the primary agency responsible for the
hazard-specific, area-focused, and time-bound. conservation, management, development, and
proper use of the countrys environment and
This is a crucial step in disaster response as it natural resources. Sec. 19 of the Philippine
focuses efforts on being prepared for hazards, Clean Water Act of 2004 (RA 9275), on the
rather than response to emergencies. It’s also other hand, designates the DENR as the primary
essential to achieving the government’s goal of government agency responsible for its
“zero casualties.” enforcement and implementation, more
particularly over all aspects of water quality
management. On water pollution, the DENR,
under the Acts Sec. 19(k), exercises jurisdiction
Once a hazard is detected and monitored, early over all aspects of water pollution, determine[s]
action is required – moving officials to the its location, magnitude, extent, severity, causes
second phase in disaster response: and effects and other pertinent information on
pollution, and [takes] measures, using available
methods and technologies, to prevent and abate
such pollution. The DENR has prepared the status report for the
The DENR, under RA 9275, is also tasked to period 2001 to 2005 and is in the process of
prepare a National Water Quality Status Report, completing the preparation of the Integrated
an Integrated Water Quality Management Water Quality Management Framework.
[16]
Framework, and a 10-year Water Quality Within twelve (12) months thereafter, it has
Management Area Action Plan which is to submit a final Water Quality Management
nationwide in scope covering Area Action Plan.[17] Again, like the MMDA, the
the Manila Bay and adjoining areas. Sec. 19 of DENR should be made to accomplish the tasks
RA 9275 provides: assigned to it under RA 9275.
Parenthetically, during the oral arguments, the
Sec. 19 Lead Agency.The DENR Secretary manifested that the DENR,
[DENR] shall be the primary with the assistance of and in partnership with
government agency responsible various government agencies and non-
for the implementation and government organizations, has completed, as of
enforcement of this Act x x x December 2005, the final draft of a
unless otherwise provided comprehensive action plan with estimated
herein. As such, it shall have the budget and time frame, denominated
following functions, powers and as Operation Plan for the Manila Bay Coastal
responsibilities: Strategy, for the rehabilitation, restoration, and
a) Prepare a National Water rehabilitation of the Manila Bay.
Quality Status report within
twenty-four (24) months The completion of the said action plan and even
from the effectivity of this the implementation of some of its phases should
Act: Provided, That the more than ever prod the concerned agencies to
Department shall thereafter fast track what are assigned them under existing
review or revise and publish laws.
annually, or as the need
arises, said report; (2) The MWSS Metropolitan
Waterworks and Sewerage System, under Sec. 3
b) Prepare an Integrated of RA 6234,[18] is vested with jurisdiction,
Water Quality Management supervision, and control over all waterworks and
Framework within twelve sewerage systems in the territory comprising
(12) months following the what is now the cities of Metro Manila and
completion of the status several towns of the provinces of Rizal
report; and Cavite, and charged with the duty:
(g) To construct, maintain, and
c) Prepare a ten (10) year operate such sanitary sewerages
Water Quality Management as may be necessary for the
Area Action Plan within 12 proper sanitation and other uses
months following the of the cities and towns
completion of the comprising the System; x x x
framework for each
designated water
management area. Such (3) The LWUA Local Water Utilities
action plan shall be Administration under PD 198 has the power of
reviewed by the water supervision and control over local water
quality management area districts. It can prescribe the minimum standards
governing board every five and regulations for the operations of these
(5) years or as need arises. districts and shall monitor and evaluate local
water standards. The LWUA can direct these
districts to construct, operate, and furnish In Metro Manila, however, the MMDA is
facilities and services for the collection, authorized by Sec. 3(d), RA 7924 to perform
treatment, and disposal of sewerage, waste, and metro-wide services relating to flood control and
storm water. Additionally, under RA 9275, the sewerage management which include the
LWUA, as attached agency of the DPWH, is formulation and implementation of policies,
tasked with providing sewerage and sanitation standards, programs and projects for an
facilities, inclusive of the setting up of efficient integrated flood control, drainage and sewerage
and safe collection, treatment, and sewage system.
disposal system in the different parts of the
country.[19] In relation to the instant petition, the On July 9, 2002, a Memorandum of Agreement
LWUA is mandated to provide sewerage and was entered into between the DPWH and
sanitation facilities in Laguna, Cavite, Bulacan, MMDA, whereby MMDA was made the agency
Pampanga, and Bataan to prevent pollution in primarily responsible for flood control in Metro
the Manila Bay. Manila.For the rest of the country, DPWH shall
(4) The Department of Agriculture (DA), remain as the implementing agency for flood
pursuant to the Administrative Code of 1987 control services. The mandate of the MMDA
(EO 292),[20] is designated as the agency tasked and DPWH on flood control and drainage
to promulgate and enforce all laws and issuances services shall include the removal of structures,
respecting the conservation and proper constructions, and encroachments built along
utilization of agricultural and fishery resources. rivers, waterways, and esteros (drainages) in
Furthermore, the DA, under the Philippine violation of RA 7279, PD 1067, and other
Fisheries Code of 1998 (RA 8550), is, in pertinent laws.
coordination with local government units
(LGUs) and other concerned sectors, in charge (6) The PCG, in accordance with Sec.
of establishing a monitoring, control, and 5(p) of PD 601, or the Revised Coast Guard Law
surveillance system to ensure that fisheries and of 1974, and Sec. 6 of PD 979, [24] or the Marine
aquatic resources in Philippine waters are Pollution Decree of 1976, shall have the primary
judiciously utilized and managed on a responsibility of enforcing laws, rules, and
sustainable basis.[21] Likewise under RA 9275, regulations governing marine pollution within
the DA is charged with coordinating with the the territorial waters of the Philippines. It shall
PCG and DENR for the enforcement of water promulgate its own rules and regulations in
quality standards in marine waters. [22] More accordance with the national rules and policies
specifically, its Bureau of Fisheries and Aquatic set by the National Pollution Control
Resources (BFAR) under Sec. 22(c) of RA 9275 Commission upon consultation with the latter
shall primarily be responsible for the prevention for the effective implementation and
and control of water pollution for the enforcement of PD 979. It shall, under Sec. 4 of
development, management, and conservation of the law, apprehend violators who:
the fisheries and aquatic resources.
a. discharge, dump x x x
(5) The DPWH, Department of Public harmful substances from or out
Works and Highways of any ship, vessel, barge, or
any other floating craft, or other
as the engineering and construction arm of the man-made structures at sea, by
national government, is tasked under EO any method, means or manner,
292[23] to provide integrated planning, design, into or upon the territorial and
and construction services for, among others, inland navigable waters of the
flood control and water resource development Philippines;
systems in accordance with national
development objectives and approved b. throw, discharge or deposit,
government plans and specifications. dump, or cause, suffer or
procure to be thrown, Maritime Group were authorized to enforce said
discharged, or deposited either law and other fishery laws, rules, and
from or out of any ship, barge, regulations.[25]
or other floating craft or vessel
of any kind, or from the shore, (8) In accordance with Sec. 2 of EO
wharf, manufacturing 513, the PPA is mandated to establish, develop,
establishment, or mill of any regulate, manage and operate a rationalized
kind, any refuse matter of any national port system in support of trade and
kind or description whatever national development.[26] Moreover, Sec. 6-c of
other than that flowing from EO 513 states that the PPA has police authority
streets and sewers and passing within the
therefrom in a liquid state into
tributary of any navigable water ports administered by it as may
from which the same shall float be necessary to carry out its
or be washed into such powers and functions and attain
navigable water; and its purposes and objectives,
without prejudice to the exercise
c. deposit x x x material of any of the functions of the Bureau of
kind in any place on the bank of Customs and other law
any navigable water or on the enforcement bodies within the
bank of any tributary of any area. Such police authority shall
navigable water, where the same include the following:
shall be liable to be washed into xxxx
such navigable water, either by
ordinary or high tides, or by b) To regulate the entry to, exit
storms or floods, or otherwise, from, and movement within the
whereby navigation shall or port, of persons and vehicles, as
may be impeded or obstructed well as movement within the
or increase the level of pollution port of watercraft.[27]
of such water.
(3) As mandated by Sec. 8 of RA 9275,[43] the (8) The MMDA, as the lead agency and
MWSS is directed to provide, install, operate, implementor of programs and projects for flood
and maintain the necessary adequate waste water control projects and drainage services in Metro
treatment facilities in Metro Manila, Rizal, and Manila, in coordination with the DPWH, DILG,
Cavite where needed at the earliest possible affected LGUs, PNP Maritime Group, Housing
time. and Urban Development Coordinating Council
(HUDCC), and other agencies, shall dismantle
and remove all structures, constructions, and
other encroachments established or built in
(4) Pursuant to RA 9275,[44] the LWUA, through violation of RA 7279, and other applicable laws
the local water districts and in coordination with along the Pasig-Marikina-San Juan Rivers, the
the DENR, is ordered to provide, install, NCR (Paraaque-Zapote, Las Pias) Rivers, the
operate, and maintain sewerage and sanitation Navotas-Malabon-Tullahan-Tenejeros Rivers,
facilities and the efficient and safe collection, and connecting waterways and esteros in Metro
treatment, and disposal of sewage in the Manila. The DPWH, as the principal
provinces of Laguna, Cavite, Bulacan, implementor of programs and projects for flood
Pampanga, and Bataan where needed at the control services in the rest of the country more
earliest possible time. particularly in Bulacan, Bataan, Pampanga,
Cavite, and Laguna, in coordination with the
(5) Pursuant to Sec. 65 of RA 8550,[45] the DA, DILG, affected LGUs, PNP Maritime Group,
through the BFAR, is ordered to improve and HUDCC, and other concerned government
restore the marine life of the Manila Bay. It is agencies, shall remove and demolish all
also directed to assist the LGUs in Metro structures, constructions, and other
Manila, Rizal, Cavite, Laguna, Bulacan, encroachments built in breach of RA 7279 and
Pampanga, and Bataan in developing, using other applicable laws along the Meycauayan-
recognized methods, the fisheries and aquatic Marilao-Obando (Bulacan) Rivers, the Talisay
resources in the Manila Bay. (Bataan) River, the Imus (Cavite) River, the
Laguna De Bay, and other rivers, connecting
waterways, and esteros that discharge
wastewater into the Manila Bay.
(6) The PCG, pursuant to Secs. 4 and 6 of PD
979, and the PNP Maritime Group, in
accordance with Sec. 124 of RA 8550, in
coordination with each other, shall apprehend In addition, the MMDA is ordered to establish,
violators of PD 979, RA 8550, and other existing operate, and maintain a sanitary landfill, as
laws and regulations designed to prevent marine prescribed by RA 9003, within a period of one
pollution in the Manila Bay. (1) year from finality of this Decision. On
matters within its territorial jurisdiction and in
connection with the discharge of its duties on the
maintenance of sanitary landfills and like
undertakings, it is also ordered to cause the Court a quarterly progressive report of the
apprehension and filing of the appropriate activities undertaken in accordance with this
criminal cases against violators of the respective Decision.
penal provisions of RA 9003,[47] Sec. 27 of RA
9275 (the Clean Water Act), and other existing
laws on pollution.