MMDA v.

Concerned Residents of Manila Bay December 18, 2008

Facts

- Regional Trial Court ordered petitioners to clean up and rehabilitate Manila Bay
- Court of Appeals Sustained the RTC
- Petitioners filed for certiorari on the grounds that the trial court’s decision declaring Section 20
of PD 1152 requires agencies to remove all pollutants spilled and discharged in the water such
as fecal coliforms.

Issues

- Does Sec 17&20 of PD 1152 (Environmental Code) relate only to cleaning of specific pollution
incidents and do not cover cleaning in general?
The disputed sections are quoted as follows:
Section 17. Upgrading of Water Quality.––Where the quality of water has deteriorated to a
degree where its state will adversely affect its best usage, the government agencies concerned
shall take such measures as may be necessary to upgrade the quality of such water to meet the
prescribed water quality standards.
Section 20. Clean-up Operations.––It shall be the responsibility of the polluter to contain, remove
and clean-up water pollution incidents at his own expense. In case of his failure to do so, the
government agencies concerned shall undertake containment, removal and clean-up operations
and expenses incurred in said operations shall be charged against the persons and/or entities
responsible for such pollution.

Ruling

- No. Sec. 17 does not in any way state that the government agencies concerned ought to confine
themselves to the containment, removal, and cleaning operations when a specific pollution
incident occurs, but requires them to act even in the absence of a specific pollution incident, as
long as water quality "has deteriorated to a degree where its state will adversely affect its best
usage."
- Petition denied and judgment is hereby rendered ordering defendant-government agencies to
clean up, rehabilitate, and preserve Manila Bay, and restore and maintain its waters to Class B
level.