WATER I. INTRODUCTION-GENERAL LAWS AND PROVISIONS APPLICABLE A.

NATIONAL TERRITORY

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. Scope of the National Territory * The Philippine Archipelago, *All other territories over which the Philippines has sovereignty or jurisdiction, and *The territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. * The Philippine archipelago and all other territories over which the Philippines has sovereignty or jurisdiction consist of terrestrial, fluvial, and aerial domains. All other territories over which the Philippines has sovereignty or jurisdiction includes any territory which presently belongs or might in the future belongs to the Philippines through any of the internationally accepted modes of acquiring territory. ARCHIPELAGIC PRINCIPLE The definition of internal waters; The straight baseline method of delineating the territorial sea consists of drawing straight lines connecting the outermost points on the coast without departing to any appreciable extent from the general direction of the coast. 1 B. DEFINITION OF TERMS
1 2

Territorial Sea also referred as Territorial Waters, is a belt of coastal waters extending at most 12 nautical miles (22 km) from the baseline (usually from the mean lower-water mark) of a coastal state2. Seabed - also known as the seafloor, sea floor, or ocean floor, is the bottom of the ocean. Subsoil - is the layer of soil under the topsoil on the surface of the ground. Insular Shelves - are usually defined as the existing underwater seabeds that occur just beyond the perimeter of an island within a depth of 600 feet. Submarine Areas those areas adjacent to an island.

Article I, The 1987 Constitution of the Republic of the Philippines UN Convention on the Law of the Sea

Internal Waters - the waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

C.

IMPORTANT NOTES ON DISTANCES

Territorial Sea - The belt of the sea located between the coast and internal waters of the coastal state on the one hand, and the high seas on the other, extending up to 12 nautical miles from the low water mark. Out to 12 nautical miles from the baseline, the coastal state is free to set laws, regulate use, and use any resource. Contiguous Zone - Beyond the 12 nautical mile limit there was a further 12 nautical miles or 24 nautical miles from the territorial sea baselines limit, the contiguous zone, in which a state could continue to enforce laws in four specific areas: pollution, taxation, customs, and immigration. Exclusive Economic Zone - Body of water extending up to 200 nautical miles, within which the state may exercise sovereign rights to explore, exploit, conserve and manage the natural resources The state in the EEZ exercises jurisdiction with regard to: the establishment and use of artificial islands, installations, and structures; marine scientific research; the protection and preservation of marine environment * There can be a Continental Shelf without an EEZ but not an EEZ without a Continental Shelf. II. THE PHILIPPINE WATERS AT PRESENT Indubitably, the Philippines is blessed with rich natural resources. The countrys vast coastline serves as an abode to various marine creatures and ecosystems. Unfortunately, the rapid penetration of civilization and population growth in the country caused the deterioration of its natural resources, particularly the exploitation of its water resources. According to a study, nearly 2.2 million metric tons of organic pollution are produced annually by domestic (48 percent), agricultural (37 percent), and industrial (15 percent) sectors. In the four

water-critical regions, water pollution is dominated by domestic and industrial sources.3Abuse of the countrys water resources is manifested by the state of the countrys particular bodies of water, such as the Pasig River and Manila Bay, to name a few. As such, various laws and statutes were enacted to serve as guidelines for the proper use of the water resources and to address the issues at hand. POLLUTION DEFINED Pollution is broadly defined as any change in the natural material of air, water or land resources, as such: Sec. 2 (a) Presidential Decree No. 1067 provides, Pollution is any alteration of the physical, chemical and biological properties of any water, air and/or land resources of the Philippines, or any discharge thereto of any liquid, gaseous or solid wastes as will or is likely to create or to render such water, air and land resources harmful, detrimental or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational or other legitimate purposes. 4 WATER POLLUTION DEFINED Presidential Decree 984 Sec. 2 (A) defines water pollution as Water Pollution is the impairment of the quality of water beyond a certain standard. This standard may vary according to the use of the water and shall be set by the National Pollution Control Commission.5 CAUSES OF WATER POLLUTION IN THE PHILIPPINES 1. Large Farms and Feed Lots- The resulting sludge and manure that is emitted from these animals creates a mountain of toxic waste. Animal manure is known to be high in nitrates. Most large feed lots also treat their animals with artificial growth hormones and antibiotics which are then also emitted into the soil and run off into the water supply.6 2. Farm Chemicals- Agrochemical use in the Philippines and its consequences to the environment provides an overview on how the staggering increase in the use of synthetic farm chemicals in the past few decades has not resulted in a similar increase in crop yields, and worse, cause substantial environmental damage to the countrys water sources.7 3. Oil Spills-Spilling of oil in the countrys water ruins the lives of the inhabitants of our marine areas due to the harmful chemical that it possesses. 8
3

Philippine Waters, retrieved from http://www.wepa-db.net/policies/state/philippines/overview.htm, 23 September 2011. 4 Sec. 2 (a) Presidential Decree No. 1067 5 Presidential Decree 984 Sec 2 (A) 6 Causes of Water Pollution, retrieved from http://reducepollutiontip.com/water/causes-of-water-pollution-inphilippines.php, 24 September 2011 7 Farm Chemicals as a source of Water Pollution retrieved from http://www.pinoypress.net/2008/02/03/farmchemicals-a-major-source-of-water-pollution-in-philippines-greenpeace/, 24 September 2011

4. Waste Management-Our waste management affects the state of our countrys water as a big amount of our trash is being dumped near the areas of water or worse, in the water itself. 5. Wastewaters from Factories-Some factories wastes are still flowing in our bodies of water, thus causing pollution. Causes There are a number of causes that defile our waters and contribute to its destruction. These are also applicable to the current state of water of Metro Manila, having agricultural, fishery, and industrial areas.
I.

Domestic households, industrial and agricultural practices produce wastewater that can cause pollution of many lakes and rivers. Sewage is the term used for wastewater that often contain faeces, urine and laundry waste; it is mainly biodegradable and most of it is broken down in the environment. However, disposal of these is a major problem in developing countries as many people in these areas dont have access to sanitary conditions and clean water. This leads to the contamination of the environment and certain health problems to people such as diarrhoea. Dumping of litter in the sea can cause huge problems. Different items take different lengths of time to degrade in water: a. Cardboard Takes 2 weeks to degrade. b. Newspaper Takes6 weeks to degrade. c. Photodegradable packaging Takes 6 weeks to degrade. d. Foam Takes 50 years to degrade. e. Styrofoam Takes 80 years to degrade. f. Aluminium Takes 200 years to degrade. g. Plastic packaging Takes 400 years to degrade. h. Glass It takes so long to degrade that we dont know the exact time. Industry produces pollutants that are extremely harmful to people and the environment. Many industrial facilities use freshwater to carry away waste from the plant and into rivers, lakes and oceans. These include: a. Asbestos This pollutant is a serious health hazard and carcinogenic. Asbestos fibres can be inhaled and cause illnesses such as asbestosis, mesothelioma, lung cancer , intestinal cancer and liver cancer.

II.

III.

Oil Spill as a source of Water Pollution, retrieved from http://www.google.com.ph/url? sa=t&source=web&cd=9&ved=0CGgQFjAI&url=http%3A%2F%2Fenglish.peopledaily.com.cn %2F90001%2F90777%2F90851%2F7054293.html&rct=j&q=causes%20of%20water%20pollution%20in%20the %20philippines&ei=qyh9Tp_7Iu2PiAfh3OirDg&usg=AFQjCNGZBeoLDeI3YkQlt5S8RJ9dX5DLsw, 24 September 2011

b. Lead This is a metallic element and can cause health and environmental

c.

d.

e.

f.
g.

h.

problems. It is anon-biodegradable substance so is hard to clean up once the environment is contaminated. Lead is harmful to the health of many animals, including humans, as it can inhibit the action of bodily enzymes. Mercury This is a metallic element and can cause health and environmental problems. It is anon-biodegradable substance so is hard to clean up once the environment is contaminated. Mercury is also harmful to animal health as it can cause illness through mercury poisoning. Nitrates The increased use of fertilisers means that nitrates are more often being washed from the soil and into rivers and lakes. This can cause eutrophication, which can be very problematic to marine environments. Phosphates The increased use of fertilisers means that phosphates are more often being washed from the soil and into rivers and lakes. This can cause eutrophication, which can be very problematic to marine environments. Sulphur This is anon-metallic substance that is harmful for marine life. Oils Oil does not dissolve in water, instead it forms a thick layer on the water surface. This can stop marine plants receiving enough light for photosynthesis. It is also harmful for fish and marine birds. Petrochemicals This is formed from gas or petrol and can be toxic to marine life.

IV.

Nuclear waste is produced from industrial, medical and scientific processes that useradioactive material. Nuclear waste can have detrimental effects on marine habitats. Nuclear waste comes from a number of sources: a. Operations conducted by nuclear power stations produce radioactive waste. ocean. Radioactive traces from these plants have been found as far away as Greenland. b. Mining and refining of uranium and thorium are also causes of marine nuclear waste. c. Waste is also produced in the nuclear fuel cycle which is used in many industrial, medical and scientific processes. Oceans are polluted by oil on a daily basis from oil spills, routine shipping, run-offs and dumping. a. Oil spills make up about 12% of the oil that enters the ocean. The rest come from shipping travel, drains and dumping. b. An oil spill from a tanker is a severe problem because there is such a huge quantity of oil being spilt into one place. c. Oil spills cause a very localised problem but can be catastrophic to local marine wildlife such as fish, birds and sea otters.

V.

d. Oil cannot dissolve in water and forms a thick sludge in the water. This

suffocates fish, gets caught in the feathers of marine birds stopping them from flying and blocks light from photosynthetic aquatic plants. VI. Underground Storage Leakages A tank or piping network that has at least 10 percent of its volume underground is known as an underground storage tank (UST). They often store substances such as petroleum, that are harmful to the surrounding environment should it become contaminated. Atmospheric deposition is the pollution of water caused by air pollution. a. In the atmosphere, water particles mix with carbon dioxide sulphur dioxide and nitrogen oxides, this forms a weak acid. b. Air pollution means that water vapour absorbs more of these gases and becomes even more acidic. c. When it rains the water is polluted with these gases, this is called acid rain. d. When acid rain pollutes marine habitats such as rivers and lakes, aquatic life is harmed. An increase in water temperature can result in the death of many aquatic organisms and disrupt many marine habitats. A rise in water temperatures causes coral bleaching of reefs around the world. This is when the coral expels the microorganisms of which it is dependent on. This can result in great damage to coral reefs and subsequently, all the marine life that depends on it. Euthrophication a. Fertilisers are often used in farming, sometimes these fertilisers run-off into nearby water causing an increase in nutrient levels. b. This causes phytoplankton to grow and reproduce more rapidly, resulting in algal blooms. c. This bloom of algae disrupts normal ecosystem functioning and causes many problems. d. The algae may use up all the oxygen in the water, leaving none for other marine life. This results in the death of many aquatic organisms such as fish, which need the oxygen in the water to live. e. The bloom of algae may also block sunlight from photosynthetic marine plants under the water surface. f. Some algae even produce toxins that are harmful to higher forms of life. This can cause problems along the food chain and affect any animal that feeds on them.

VII.

VIII.

IX.

Solutions I. Programs A. Greenpeace; Project: Clean Water Citing the urgent need to safeguard the countrys precious fresh water resources from contamination, Greenpeace today launched Project: Clean Water, an initiative that aims to catalyze action to protect Philippine fresh water sources. The launch coincided with the release of the report The state of water in the Philippines, a comprehensive survey of available information regarding water resources in the Philippines, focusing on the issues of pollution, especially of drinking water and freshwater sources, and water scarcity. It also reviews the countrys existing legal and policy frameworks for water use, quality control, and management. According to project lead Greenpeace Southeast Asia Toxics campaigner Beau Baconguis, Water is a renewable resource but it is not an inexhaustible resource. What our research presents is just a birds eye view of bigger problems to come if we dont take serious steps to protect our fresh water sources. Clean water is a right for all. It is time that serious solutions are enforced. Based on the said research, Greenpeace cited that: a. The quality of fresh water sources is steadily declining while the costs of obtaining clean water is rising; b. Although many laws have been enacted to protect water, such as the Clean Water Act, these are among the most blatantly abused environmental laws because of poor enforcement; and c. Although government agencies monitor water quality, the parameters are severely limited and do not include many toxic substances from new technologies, including some of the most harmful compounds known to humans, such as persistent organic pollutants or POPs; and d. Declining water quality is compounded by the problem of water scarcity which is now a very palpable threat, making access to clean water more and more difficult.9 II.
9

Laws
From the site of Green Peace Philippines.

PRESIDENTIAL DECREE NO. 1067: THE WATER CODE OF THE PHILIPPINES Relevant parts in connection with Water Pollution Art. 2. The objectives of this Code are: - To adopt a basic law governing the ownership, appropriation, utilization, exploitation, development, conservation and protection of water resources and rights to land related thereto; and - To identify the administrative agencies which will enforce this Code. Art. 3. The underlying principles of this code are: - The utilization, exploitation, development, conservation and protection of water resources shall be subject to the control and regulation of the government through the National Water Resources Council, hereinafter referred to as the Council. - Preference in the use and development of waters shall consider current usages and be responsive to the changing needs of the country. Art. 4. Waters, as used in this Code, refers to water under the grounds, water above the ground, water in the atmosphere and the waters of the sea within the territorial jurisdiction of the Philippines. Art. 75. No person shall, without prior permission from the National Pollution Control Commission, build any works that may produce dangerous or noxious substance or perform any act which may result in the introduction of sewage, industrial waste, or any pollutant into any source of water supply. Water pollution is the impairment of the quality of water beyond a certain standard. This standard may vary according to the use of the water and shall be set by the National Pollution Control Commission. Art. 76. The establishment of cemeteries and waste disposal areas that may affect the source of a water supply or a reservoir for domestic or municipal use shall be subject to the rules and regulations promulgated by the Department or Health. Art. 77. Tailings from mining operations and sediments from placer mining shall not be dumped into rivers and waterways without prior permission from the Council upon recommendation be the National Pollution Control Commission. Art. 78. The application of agriculture fertilizers and pesticides may be prohibited or regulated by the National Pollution Control Commission in areas where such application may cause pollution of a source of water supply. Penalty:

A fine exceeding Three Thousand Pesos (P3,000.00) but not more than Six Thousand Pesos (P6,000.00) or imprisonment exceeding three years (3) years but not more than (6) years or both such fine and imprisonment in the discretion of the Court, shall be imposed on any person who commits any of the following acts: - Unauthorized obstruction of a river or waterway, or occupancy of a river bank or seashore without permission. - Establishment of a cemetery or a waste disposal area near a source of water supply or reservoir for domestic or municipal use without permission. - Constructing, without prior permission of the government agency concerned, works that produce dangerous or noxious substances, or performing acts that result in the introduction of sewage, industrial waste, or any substance that pollutes a source of water supply. - Dumping mine tailings and sediments into rivers or waterways without permission.10

P.D. No. 979: Marine Pollution Decree of 1976 Relevant parts in connection with Water Pollution Section 2 Statement of Policy It is hereby declared a national policy to prevent and control the pollution of seas by the dumping of wastes and other matter which create hazards to human health, harm living resources and marine life, damage amenities, or interfere with the legitimate uses of the sea within the territorial jurisdiction of the Philippines. Section 3 Definition of Terms For the purposes of this decree: a. Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping but does not include discharge of effluent from industrial or manufacturing establishments, or mill of any kind. b. Dumping means any deliberate disposal at sea and into navigable waters of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea, including the disposal of wastes or other matter directly arising from or related to the exploration, exploitation and associated off-shore processing of sea bed mineral resources unless the same
10

Presidential Decree 1067: The Water Code of the Philippines

is permitted and/or regulated under this decree: Provided, That it does not mean a disposition of any effluent from any outfall structure to the extent that such disposition is regulated under the provisions of Republic Act Numbered Three Thousand Nine Hundred Thirty One, nor does it mean a routine discharge of effluent or other matter incidental to the propulsion of, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment. b. Oil means oil of any kind or in any form including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredge spoil. c. Navigable Waters means the waters of the Philippines, including the territorial sea and inland waters which are presently, or be in the future susceptible for use by watercraft. d. Vessel means every description of watercraft, or other artificial contrivance used, or capable of being used, as a means of transportation on water. e. Person includes any being, natural or juridical, susceptible of rights and obligations or of being the subject of legal relations. f. Refuse means garbage, waste, wood residues, sand, lime cinder ashes, offal, nightsoil, tar, dye stuffs, acids, chemicals and substances other than sewage and industrial wastes that may cause pollution. Section 4 Prohibited Acts Except in cases of emergency imperiling life or property, or unavoidable accident, collision, or stranding or in any cases which constitute danger to human life or property or a real threat to vessels, aircraft, platforms, or other man-made structure, or if dumping appears to be the only way of averting the threat and if there is probability that the damage consequent upon such dumping will be less than would otherwise occur, and except as otherwise permitted by regulations prescribed by the National Pollution Control Commission or the Philippine Coast Guard, it shall be unlawful for any person to: a. discharge, dump, or suffer, permit the discharge of oil, noxious gaseous and liquid substances and other harmful substances from or out of any ship, vessel, barge, or any other floating craft, or other man-made structures at sea, by any method, means or manner, into or upon the territorial and inland navigable waters of the Philippines; b. throw, discharge or deposit, dump, or cause, suffer or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft or vessel of any kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state into tributary of any navigable water from which the same shall float or be washed into such navigable water; and c. deposit or cause, suffer or procure to be deposited material of any kind in any place on the bank of any navigable water, or on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or

by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed or increase the level of pollution of such water. Section 7 Penalties for Violations Any person who violates Section 4 of this Decree or any regulations prescribed in pursuance thereof, shall be liable for a fine of not less than Two Hundred Pesos nor more than Ten Thousand Pesos or by imprisonment of not less than thirty days nor more than one year or both such fine and imprisonment, for each offense, without prejudice to the civil liability of the offender in accordance with existing laws. Any vessel from which oil or other harmful substances are discharged in violation of Section 4 or any regulation prescribed in pursuance thereof, shall be liable for the penalty of fine specified in this section, and clearance of such vessel from the port of the Philippines may be withheld until the fine is paid. In addition to the penalties above-prescribed, the Philippine Coast Guard shall provide in its rules and regulations such reasonable administrative penalties as may be necessary for the effective implementation of this decree. 11 IV. SOLUTION TO THE PROBLEM: 1. Dispose off your trash in a proper manner and try and incorporate the recycling habit as far as possible. 2. Toxic products like paints, automobile oil, polishes, and cleaning products should be stored and disposed off properly. 3. Try using natural fertilizers and pesticides as far as possible, or if not, do not overuse them. 4. Automobile oil should be re-used as far as possible. Also, it is important to keep your automobile well maintained in order to prevent leakages of toxic fluids like antifreeze and oil. 5. Wash you car at your lawn. 6. Try using environmentally friendly household products like toiletries, soap-based household cleaning material, and washing powder as far as possible. 7. Pick up your pets waste. 8. Compost yard clippings. 9. Actively conserve water by turning the tap off when you do not need running water, such as while brushing teeth. Apart from preventing water shortages, it lessens the amount of water that needs to be treated.12
11

P.D. No. 979: Marine Pollution Decree of 1976

STATEMENT OF THE PROBLEM AND SOLUTION PREVENTING A DISASTER IN THE MAKING: THE REHABILITATION OF PASIG RIVER AND MANILA BAY Catastrophic---this image resembles in the minds of many environmental advocates and concerned citizens as they envision the state of two widely used water bodies in Metro Manila ten to twenty years from now. The Pasig River and the Manila Bay are both facing disastrous situations, as the damages that started many years ago are continuously spreading and the rehabilitation programs being done are not as speedy as the widespread of hazards. Furthermore, there are unruly citizens who still pollute the aforementioned waters despite the evident problems existing in these waters. Pasig River became an environmental hazard hotspot when population in Metro Manila increased resulting to establishment of more industries and residences. Pasig River was used into a sewage and industrial effluents depot. Its effects can still be felt at present. Pasig River is shimmering with oil slicks, has unpleasant odor dark colored water, hyacinth blooms, and floating garbage and feces. Pasig River is also known to have high organic loads and contaminate with heavy metals, pesticides, nitrates, and phosphates (NPCC, 1981 & 1985; RRS, 1991 & 1998). These pollutants of the river are domestic liquid wastes, industrial wastes, agricultural activities in parts of Marikina and Taguig, solid wastes, and oil discharges from oil depots and watercrafts. With this scenario at hand, Pasig River needs a serious rehabilitation, as it is still polluted and the quality of its water is still hazardous.13 The Manila Bay is identified as one of the most useful bodies of water in the country. Aside from being a home to many famous hotels, industries, and parks, the bay is also known worldwide for its majestic sunset which has been a tourist attraction for many years. However, at present, the Manila is in grave danger. The sustainability of the Bay and its diverse ecosystem is however periled by a variety of land and sea-based human activities. Overexploitation of resources, illegal and destructive fishing, habitat destruction, pollution, siltation and sedimentation, uncontrolled development and the conflicting use of limited available resources cause pressures on the bay.14 Such circumstances result to a damaging scenario to the bay and needs attention to be stopped. After all, this Bay provides a living for many of the Filipinos at present. If the pollution of both bodies of water continues, this will be damaging to the Philippines, as both are sources of lives of many Filipinos. It will also destroy the ecological balance of the country and will shatter the ecosystem. Pasig River and Manila Bay needs serious attention. Legislations and projects are promoted for its rehabilitation. These programs are well-planned and well-structured, and only need an efficient implementation scheme.
12

Law students of San Sebastian www.grinningplanet.com/2008/01-08/water-pollution-solutions-article.htm

13

Marietta Labra-Espia, The Pasig River Caring for a Dying Ecosystem, cited in and retrieved from http://www.wepa-db.net/policies/measures/background/philippines/pasigriver.htm, 30 September 2011. 14 The Manila Bay is Identified as a Pollution Hotspot, retrieved from http://www.wepadb.net/policies/measures/background/philippines/manilabay.htm, 30 September 2011.

LEGISLATIONS FOR THE PASIG RIVER---AN OVERVIEW OF THE SOLUTIONS

Executive Order No. 54, January 6, 1999

EXECUTIVE ORDER NO. 54 CREATING THE PASIG RIVER REHABILITATION COMMISSION WHEREAS, the Constitution of the Republic of the Philippines mandates the States to protect and promote the right of the people to balanced ecology and sustainable economy in accord with the rhythm and harmony of nature; WHEREAS, the people living near or along the Pasig River have the right to live in an environment that is free from pollution and unsanitary conditions; WHEREAS, the Pasig River has fast deteriorated because of poor waste management and disposal by the factories and homes along its banks; WHEREAS, the Pasig River is considered to be a vital ingredient in the transport of goods and people and its rehabilitation will be beneficial for the development of Metro Manila and the country in general; WHEREAS, the Pasig River, because of its natural deep waters and strategic location remains a viable alternative for decongesting the road River for commerce and industry; NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order: Section 1. Creation. The Pasig River Rehabilitation Commission is hereby created that the waterway is rehabilitated to its historically pristine condition conducive to transport, recreation and tourism. Sec. 2. Composition and Membership. The Commission shall be composed of the following: a) The Secretary of the Departmentof Budget and Management who shall act as its Chairman;

The Chairman of the Metro Manila Development Authority (MMDA) who shall act as its CoChairman; b) The Secretaries and Heads of the following agencies or their representatives as members;

1. Office of the Executive Secretary

2. Department of Public Works and Highways 3. Department of Environment and Natural Resources 4. Housing and Urban Development Coordinating Council 5. Department of Tourism 6. Department of Transportation and Communications 7. Department of Finance Sec. 3. Powers and Functions. In order to achieve its mandate of rehabilitating the Pasig River, the Commission shall have the following powers and functions; a) Draw up an updated and integrated Master Plan on the Rehabilitation of the Pasig River, taking into account its potential for transportation, recreation and tourism; b) Ensure that the easements provided for in the Civil Code and other related laws are observed including all the esteros and waterways that drain into the Pasig River; c) Integrate and coordinate all programs related to the rehabilitation of the Pasig River, such as, but not limited to, the Pasig River Development Program (P.D. No. 274), Proclamation No. 704, series of 1995 and the Pasig River Environmental Management and Rehabilitation Sector Development Program, a continuation of the Pasig River Rehabilitation Program; d) Abate the dumping of untreated industrial wastewater and sewerage into the river including all acts and omission in e) Relocate settlers, squatters and other unauthorized or unlawful occupants along its banks;

f) Undertake civil works for the purpose, such as dredging, clearing of structures, cleaning of the River and all the esteros and waterways that drain into it; g) Submit regular reports to the Office of the President on the status of the governments efforts on the rehabilitation and development of the Pasig River; h) Coordinate with all government agencies and offices, including local government units, regarding the necessary measures to implement this Order; i) The Commission shall formulate and adopt its implementing rules and regulations;

Sec. 4. Funding. The amount of ten million (P10,000,000.00) Pesos is hereby authorized to be generated out of the contingency funds for the initial requirements of this commission.

Sec. 5. Abolition of the Pasig River Development Council (PRDC), the Presidential Task Force on Pasig River Rehabilitation (PTFPRR) and River Rehabilitation Secretariat (RRS). The PRDC, PTFPRR and the RRS are hereby abolished and its functions, equipment and logistics shall pertain to and be assumed by the Commission. Any and all funds received by the abolished agencies as contributed to it for the rehabilitation of the Pasig Rive shall be transferred to the Commission. Sec. 6. Incentives to be Granted. The incentives provided for in PD 274 and other related laws are hereby integrated as part of this Order. Sec. 7. Repealing Clause.All orders, proclamations, rules, regulations. Issuances or parts thereof, which are inconsistent with any provision of this Executive Order are hereby repealed or modified accordingly. Sec. 8. Effectivity. This Executive Order shall take effect immediately. DONE in the City of Manila, Philippines, this 06th day of January in the Year of Our Lord, Nineteen Hundred and Ninety-Nine.15

Executive Order No. 65, January 19, 1999

Executive Order No. 54 dated January 6, 1999 as amended by Executive Order No. 65 dated January 19, 1999 created the Pasig River Rehabilitation Commission (PRRC) to ensure that the waterway is rehabilitated to its pristine conditions conducive to transport, recreation and tourism. The Pasig River Rehabilitation Commission started its operation on January 1999 but actual disbursement of funds started only on May of the same year. The Commission, which is attached to the Office of the President is composed of the Secretary of the Department of Budget and Management as the Chairman, the Chairman of the Metro Manila Development Authority as the Co-Chairman, and twelve members Secretaries and Heads or their representatives, from the Office of the Executive Secretary, Department of Environment and Natural Resources, Department of Public Works and Highways, Housing and Urban Development Coordinating Council, Department of Tourism, Department of Transportation and Communication, Department of Finance, Department of National Defense, Department of the Interior and Local Government, Department of Trade and Industry and five private sectors namely, Philippine Long Distance Telephone Company, GMA Network, Inc., Clean and Green Foundation, Inc., Unilever Philippines and Ms. Mikaela Maria Antonia C. Jaworski. As of December 31, 2001, PRRC had the personnel complement of 35. Among the powers and functions of the Commission are: 1. Draw up an updated master plan on the rehabilitation of the Pasig River, taking into account its potential for transportation, recreation and tourism; 2. Ensure that the easements provided in the Civil Code and other related laws are observed including all the esteros and waterways that drain into the Pasig River;
15

Executive Order no. 54, retrieved from Chan Robles Virtual Library http://www.chanrobles.com/executiveorderno54estradaprrcjanuary061999.html, 30 September 2011.

3. Integrate and coordinate all programs related to the rehabilitation of the Pasig River, such as, but not limited to the Pasig River Development Program (P.D. 274), Proclamation No. 704, series of 1995 and the Pasig River Environment and Rehabilitation Sector Development Program, a continuation of the Pasig River Rehabilitation Program; 4. Abate the dumping of untreated industrial wastewater and sewerage into the river including all acts and omission in violation of the Pollution Control Law and other related laws; 5. Relocate settlers, squatters and other unauthorized or unlawful occupants along its banks; 6. Undertake civil works for the purpose, such as dredging, clearing of structures, cleaning of the River and all esteros and waterways that drain into it.16

Implementing Rules and Regulations : Executive Order No. 510, March 5, 2006
-It created for the implementing rules on protecting the river basins of the country.17 LEGISLATIONS FOR THE MANILA BAY---AN OVERVIEW OF THE SOLUTIONS

The Environment Code (PD 1152)

Relevant parts of the Law Section 14. Purpose It is the purpose of this Title to prescribe management guidelines aimed to protect and improve the quality of Philippine water resources through: a. classification of Philippine waters; b. establishment of water quality standards; c. protection and improvement of the quality of Philippine water resources; and d. responsibilities for surveillance and mitigation of pollution incidents. Section 19. Enforcement and Coordination The production, utilization, storage and distribution of hazardous, toxic and other substances such as radioactive materials, heavy metals, pesticides, fertilizers, and oils, and disposal, discharge and dumping of untreated wastewater, mine-tailings and other substances that may pollute any body of water of the Philippines resulting from normal operations of industries, water-borne sources, and other human activities, as well as those resulting from accidental spills and discharges shall be regulated by appropriate government agencies pursuant to their respective charters and enabling legislations. In the performance of the above functions, the government agencies concerned shall coordinate with the National Environmental Protection Council and furnish the latter with such information as may be necessary to enable it to attain its objectives under Presidential Decree No. 1121. Section 20. Clean-up Operations It shall be the responsibility of the polluter to contain, remove and clean-up water pollution
16 17

Executive Order no. 65, retrieved from http://www.chanrobles.com/legal3prrc.html, 30 September 2011. Executive Order no. 510 retrieved from http://elibrary.judiciary.gov.ph/index10.php?doctype=Executive %20Orders&docid=12629319751687194300, 30 September 2011/

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. Section 21. Water Quality Monitoring and Surveillance The various government agencies concerned with environmental protection shall establish to the greatest extent practicable a water quality surveillance and monitoring network with sufficient stations and sampling schedules to meet the needs of the country. Said water quality surveillance network shall put to maximum use the capabilities of such government agencies. Each agency involved in such network shall report to the National Environment Protection Council the results of these monitoring activities as the need arises. Section 49. Dumping into the Sea and Other Navigable Waters

The dumping or disposal of solid wastes into the sea and any body of water in the Philippines, including shore-lines and river banks, where the wastes are likely to be washed into the water is prohibited. However, dumping of solid wastes or other materials into the sea or any navigable waters shall be permitted in case of immediate or imminent danger to life and property, subject to the rules and regulations of the Philippine Coast Guard and the National Pollution Control Commission. Government agencies and private entities which are undertaking solid waste management programs shall make consultations with the government agencies concerned with respect to the effects of such dumping to the marine environment and navigation. Section 50. Liquid Waste Disposal Wastewater from manufacturing plants, industries, community, or domestic sources shall be treated either physically, biologically or chemically prior to disposal in accordance with the rules and regulations promulgated by proper government authority. 18

The Pollution Control Law (PD 984)

Relevant parts of the Law Section 8. Prohibitions. No person shall throw, run, drain, or otherwise dispose into any of the water, air and/or land resources of the Philippines, or cause, permit, suffer to be thrown, run, drain, allow to seep or otherwise dispose thereto any organic or inorganic matter or any substance in gaseous or liquid form that shall cause pollution thereof.19

The Water Code (PD 1067)

Relevant parts of the Law
18 19

The Environmental Code, retrieved from www.doe.gov.ph/pecr4/pdf/pd1152.pdf , 30 September 2011 Pollution Control Law , nakuha mula sa http://www.google.com.ph/url? sa=t&source=web&cd=1&ved=0CBgQFjAA&url=http%3A%2F%2Fwww.lawphil.net%2Fstatutes%2Fpresdecs %2Fpd1976%2Fpd_984_1976.html&rct=j&q=p.d. %20984&ei=hmSGTp6_DYe5iAe98e2xDw&usg=AFQjCNHS9svAI4yZAH4clxX0_iLeqN7lXw, 30 September 2011.

Art. 2.The objectives of this Code are: - To adopt a basic law governing the ownership, appropriation, utilization, exploitation, development, conservation and protection of water resources and rights to land related thereto; and - To identify the administrative agencies which will enforce this Code. Art. 3. The underlying principles of this code are: - The utilization, exploitation, development, conservation and protection of water resources shall be subject to the control and regulation of the government through the National Water Resources Council, hereinafter referred to as the Council. - Preference in the use and development of waters shall consider current usages and be responsive to the changing needs of the country. Art. 4. Waters, as used in this Code, refers to water under the grounds, water above the ground, water in the atmosphere and the waters of the sea within the territorial jurisdiction of the Philippines. Art. 75. No person shall, without prior permission from the National Pollution Control Commission, build any works that may produce dangerous or noxious substance or perform any act which may result in the introduction of sewage, industrial waste, or any pollutant into any source of water supply. Water pollution is the impairment of the quality of water beyond a certain standard. This standard may vary according to the use of the water and shall be set by the National Pollution Control Commission. Art. 76. The establishment of cemeteries and waste disposal areas that may affect the source of a water supply or a reservoir for domestic or municipal use shall be subject to the rules and regulations promulgated by the Department or Health. Art. 77. Tailings from mining operations and sediments from placer mining shall not be dumped into rivers and waterways without prior permission from the Council upon recommendation be the National Pollution Control Commission. Art . 78. The application of agriculture fertilizers and pesticides may be prohibited or regulated by the National Pollution Control Commission in areas where such application may cause pollution of a source of water supply. Penalty: A fine exceeding Three Thousand Pesos (P3,000.00) but not more than Six Thousand Pesos (P6,000.00) or imprisonment exceeding three years (3) years but not more than (6) years or both such fine and imprisonment in the discretion of the Court, shall be imposed on any person who commits any of the following acts: - Unauthorized obstruction of a river or waterway, or occupancy of a river bank or seashore without permission. - Establishment of a cemetery or a waste disposal area near a source of water supply or reservoir for domestic or municipal use without permission.

- Constructing, without prior permission of the government agency concerned, works that produce dangerous or noxious substances, or performing acts that result in the introduction of sewage, industrial waste, or any substance that pollutes a source of water supply. - Dumping mine tailings and sediments into rivers or waterways without permission.20 JURISPRUDENCE: MMDA v. Concerned Residents of Manila Bay Facts: On January 29, 1999, respondents Concerned Residents of Manila Bay filed a complaint before the Regional Trial Court (RTC) in Imus, Cavite against several government agencies, for the cleanup, rehabilitation, and protection of the Manila Bay. The complaint alleged that the water quality of the Manila Bay had fallen way below the allowable standards set by law, specifically Presidential Decree No. (PD) 1152 or the Philippine Environment Code. In their individual causes of action, respondents alleged that the continued neglect of petitioners in abating the pollution of the Manila Bay constitutes a violation of, among others: (1) Respondents constitutional right to life, health, and a balanced ecology; (2) The Environment Code (PD 1152); (3) The Pollution Control Law (PD 984); (4) The Water Code (PD 1067); (5) The Sanitation Code (PD 856); (6) The Illegal Disposal of Wastes Decree (PD 825); (7) The Marine Pollution Law (PD 979); (8) Executive Order No. 192; (9) The Toxic and Hazardous Wastes Law (Republic Act No. 6969); (10) Civil Code provisions on nuisance and human relations; (11) The Trust Doctrine and the Principle of Guardianship; and (12) International Law Inter alia, respondents, as plaintiffs a quo, prayed that petitioners be ordered to clean the Manila Bay and submit to the RTC a concerted concrete plan of action for the purpose. Issues: a) Whether or not pertinent provisions of the Environment Code (PD 1152) relate only to the cleaning of specific pollution incidents and do not cover cleaning in general. b) Whether or not the cleaning of the Manila Bay is not a ministerial act which can be compelled by mandamus. Held: Regional Trial Courts Order to Clean Up and Rehabilitate Manila Bay On September 13, 2002, the RTC rendered a Decision in favor of respondents. Finding merit in the complaint, the Court ordered defendant-government agencies, jointly and solidarily, to clean up and rehabilitate Manila Bay and restore its waters to SB classification to make it fit for swimming,
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The Water Coder, retrieved from http://www.chanrobles.com/presidentialdecreeno1067.htm, 30 September 2011

skin-diving and other forms of contact recreation. To attain this, defendant-agencies, with defendant DENR as the lead agency, are directed, within six (6) months from receipt hereof, to act and perform their respective duties by devising a consolidated, coordinated and concerted scheme of action for the rehabilitation and restoration of the bay. The Court of Appeals Sustained the RTCs Decision The MWSS, Local Water Utilities Administration (LWUA), and PPA filed before the Court of Appeals (CA) individual Notices of Appeal. On the other hand, the DENR, Department of Public Works and Highways (DPWH), Metropolitan Manila Development Authority (MMDA), Philippine Coast Guard (PCG), Philippine National Police (PNP) Maritime Group, and five other executive departments and agencies filed directly with this Court a petition for review under Rule 45. In the light of the ongoing environmental degradation, the Court wishes to emphasize the extreme necessity for all concerned executive departments and agencies to immediately act and discharge their respective official duties and obligations. Indeed, time is of the essence; hence, there is a need to set timetables for the performance and completion of the tasks, some of them as defined for them by law and the nature of their respective offices and mandates. The importance of the Manila Bay as a sea resource, playground, and as a historical landmark cannot be over-emphasized. It is not yet too late in the day to restore the Manila Bay to its former splendor and bring back the plants and sea life that once thrived in its blue waters. But the tasks ahead, daunting as they may be, could only be accomplished if those mandated, with the help and cooperation of all civic-minded individuals, would put their minds to these tasks and take responsibility. This means that the State, through petitioners, has to take the lead in the preservation and protection of the Manila Bay. 21 SOLUTIONS-----PROJECTS DONE BY THE PPRC AND THE MANILA BAY ENVIRONMENTAL MANAGEMENT PASIG RIVER---A VIEW OF SOME OF THE PROJECTS MANILA Completed Projects 18 Linear Parks 4 Ferry Stations 2424 Families were relocated On-Going Projects 5 Linear Parks 2 Ferry Stations 2,574 Families still to be relocated 728 Housing Units
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MMDA vs. Concerned Citizens of Manila Bay, G.R. Nos. 171947-48

Mandaluyong Linear Parks 1 Ferry Station 2 Housing Project (URA) 432 Families were relocated On-Going Projects 1 Linear Parks 247 Families still to be relocated Makati Linear Parks 1 Ferry Station 1171 Families were relocated On-Going Projects 5 Linear Parks 64 Families still to be relocated Pasig 2 Linear Parks (Pineda & Buting) 1373 Families were relocated On-Going Projects San Joaquin Ferry Station Unisphere Holdings Inc. to fund and construct a ferry station in Bo. Ugong, Pasig City. Buting 2 Linear Park 535 Families still to be relocated22 MANILA BAY The Manila Bay Environmental Management is continuously producing industry-related management scheme to avoid further damages to the water bodies of nearby tourists attraction and industries. More projects are still being planned and conceptualized by the board. Our bodies of water might be at risk at present, but through continuous effort, these problems are ought to have their solutions. The Philippines is still blessed that despite the odds that the bodies of water are facing, there are still solutions and options, giving chance to the populace to protect the environment that they still have at present.

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Projects for the Pasig River, retrieved from http://www.prrc.com.ph/, 30 September 2011.

San Sebastian College College of Law

In partial fulfillment for the requirements in Environmental Laws

PREVENTING A DISASTER IN THE MAKING: THE REHABILITATION OF PASIG RIVER AND MANILA BAY

Submitted by: GROUP 5

Submitted to: ATTY. THERESA DIZON