Atty. Juan Miguel T.

Cuna OIC- EMB Director

29 Jan 1999-Complaint was filed at RTC Imus, Cavite against DENR, MMDA and other gov agencies
1.

RTCs Decision- 13 Sep 2002

1.

2.

water quality of the Manila Bay failed to meet the DENR AO 34, Series of 1990, as safe levels for swimming, skindiving, and other forms of recreation, resulting in the danger to public health and contamination of marine life of Manila Bay, and prayed for the submission of a concerted concrete plan of action for the clean up of Manila Bay.

2.

Ordered Government agencies (solidarily) to a) clean up and rehabilitate Manila Bay; b) restore its waters to its level/classification fit for swimming, skin-diving and other forms of contact recreation; and DENR as lead agency was directed to come up with a consolidated, coordinated & concerted scheme of action for the rehabilitation & restoration of the bay

CAs Decision- 28 Sep 2005

It denied the appeal filed by the government agencies & affirmed the decision of the RTC, in its entirety.

GOs filed a petition for review on certiorari with the SC thru OSG, 12 August 2008 SC conducted/heard the parties on oral arguments

18 Dec 2008 - the SC En Banc promulgated a Decision stating that:

the cleaning or rehabilitation of Manila Bay can be compelled by continuing mandamus, and Secs. 17 & 20 of PD 1152 or the Environment Code is of general application rather than limiting them to the cleaning of specific pollution incidents

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

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.

SC denied the petition of Government Agencies and affirmed the decision of the CA and RTC with Modification to:

clean up, rehabilitate, and preserve Manila Bay; and restore and maintain its waters to SB level to make them fit for swimming, skin-diving, and other forms of contact recreation.

1. 2.

DENR to fully implement its Operational Plan for the Manila Bay Coastal Strategy; and call regular coordination meetings with concerned government departments and agencies to ensure the successful implementation of the said plan of action in accordance with its indicated completion schedules

 Assessment of primary and secondary data Regional consultation meeting with concerned stakeholders Result of existing water quality of the bay Beneficial usages of the bay for information and confirmation of the stakeholders

Five (5) public consultations were conducted in three (3) regions: (4-A, NCR, and Region 3) to solicit the consensus/decision of various concerned sectors on the official classification of Manila Bay pursuant to the Supreme Court Ruling of restoring its water quality to Class SB. In all public consultations it was unanimously agreed that the best and future beneficial use of the Bay shall be Class SB waters.

DENR Memorandum Circular No. 2010-08 was issued 17 March 2010 Additional List of Classified Water Bodies

Publication : The Philippine Star March 22, 2010 Acknowledgement : ONAR, U.P. Law Center March 22, 2010
Manila Bay is classified as Class SB water fit for swimming, skin diving and other primary contact recreation activitiesindustries etc. discharging liquid waste are required to observe and comply with the classification.

 Remove all illegal structures such as fishpens/ fishcages, shanties on stilts and other similar facilities to improve its water circulations/waterways and gradually achieve the Class SB quality. No illegal structures must be constructed and no informal settlers must be allowed within the area. MWSS, LGUs, Water District must accelerate the provisions of sewerage system and secure additional investments to complete the sewerage requirement. Regular monitoring of compliance of discharges must be effected. Strengthen implementation of environmental laws.