CHIEF Justice Diosdado Peralta said on Tuesday he was impressed with the results of the ongoing efforts by various government agencies to rehabilitate the waters of Manila Bay.
Peralta, who chairs the Manila Bay Advisory Committee (MBAC), made the observation after meeting with Environment Secretary Roy Cimatu and other agencies on the ongoing Manila Bay rehabilitation project.
The meeting, which was initiated by Peralta, was held at the Diamond Hotel in Manila and attended by MBAC members: SC Associate Justices Rodil Zalameda, Mario Lopez, Edgardo de los Santos and Ricardo Rosario, Court Administrator Jose Midas Marquez and other government stakeholders.
Following the meeting, Peralta and the government officials inspected the bay area, including the part covered with dolomite sand.
Peralta said the meeting was part of the quarterly assessment being undertaken by the MBAC with regard to the bay rehabilitation project which is covered by a continuing mandamus issued by the Court in 2011.
“We came here to observe and determine how far they have gone with the observation, obedience to the continuing mandamus.” Peralta said. Peralta told reporters that based on the report submitted to the MBAC and based on his observation, the water coming out from the wastewater treatment is now clean.
“But what we can say about Manila Bay, it’s already clean. All the waters that go to the bay from the esteros are already clean. So in other words, the purpose of the continuing mandamus is having clean water; and if you will ask me if I am satisfied, I am satisfied because the waters are clean,” Peralta said.
He added that he and his fellow justices were impressed with the DENR’s presentation about their rehabilitation works in Manila Bay during their meeting.
In its report, DENR discussed the cleanup being undertaken by the relevant agencies.
Dolomite issue
The DENR, meanwhile, defended the use of dolomite on Manila Bay, insisting that it is not hazardous to health. It said dolomite has been used by several resorts here and abroad to add aesthetics to their surroundings.
However, Peralta refused to answer queries about the environmental impact of the dumping of the controversial dolomite sand on a portion of Manila Bay.
He noted that a petition seeking to cite the DENR in contempt for dumping dolomite sand in Manila Bay is still pending before the SC, and he would be violating the rule on sub judice if he comments on the matter.
Peralta said he was also assigned as the justice-in-charge of the petition, which will be deliberated on November 3.
However, the chief magistrate asked the DENR to submit scientific studies and findings as to the effects of dolomite to people.
The petition was filed by Akbayan Citizens’ Action Party, which sought to intervene in the mandamus case on the rehabilitation of the Manila Bay.
The petitioner wants to hold the DENR accountable for violating the Court’s ruling when it dumped dolomite sand on Manila Bay, citing some claims such is hazardous to health and the environment.
Peralta earlier reconstituted MBAC which the Supreme Court created in 2008 to ensure compliance by involved parties to its decision mandating concerned government agencies to rehabilitate the waters of Manila Bay so that it would be fit for swimming, skin-diving and other forms of recreation.
The Chief Justice said the MBAC’s main function is to maintain the mandate of the continuing mandamus and to enable the Court to verify the reports of the government agencies tasked to clean up the Manila Bay.
It can be recalled that in its 2011 resolution penned by then Associate Justice Presbitero Velasco Jr., the SC gave the DENR and several agencies until June 30 to come up with concrete and strategic steps to implement its December 2008 decision to rehabilitate the waters of Manila Bay.
It also gave the Metropolitan Manila Development Authority (MMDA) until December 31, 2015, to demolish illegal structures and dwellings along river banks and waterways connected to Manila Bay.
The SC gave the Department of Public Works and Highways and the local government units (LGUs) in Rizal, Laguna, Cavite, Bulacan, Pampanga, and Bataan not later than December 31, 2012, to remove illegal settlers near river banks.
To ensure compliance with its 2008 decision, the SC issued a continuing mandamus—an order that compels the agencies of the government to perform acts which the laws specifically require them to do or to comply as duties emanating from the nature and mandate of their offices.
Other government agencies enjoined to participate in the Manila Bay cleanup were MMDA, Department of Public Works and Highways, Department of the Interior and Local Government, affected LGUs, the Philippine National Police-Maritime Group, and Housing and Urban Development Coordinating Council (HUDCC).
Earlier, President Duterte approved a seven-year plan to clean up Manila Bay, at a cost of about P47 billion.
Image credits: Nonie Reyes