City Could Face Charges for Balili River PollutionBYADMIN_CEEJ JANUARY 19, 2014Article by Ma. Elena CatajanLA TRINIDAD, Benguet Department of Environment and Natural Resources (DENR) is warning of a trending in filing Writ of Kalikasan charges.DENR Regional Executive Director Clarence Baguilat said the pollution of the Balili River may merit a Writ of Kalikasan charge if not abated amid the filing of Benguet and Bontoc for pollution in their areas. Bawal naman talagang mag dump ng waste sa Balili.Baguilat said the continuous pollution of the river is being blamed on dumping of Baguio City in its headwaters, as well as residents from the riverside of the Balili stretch.All of these play a vital role as well as ordinances in the local government unit to protect the river system, he said.Baguilat said whatever the La Trinidad residents do to clean the river is for naught if Baguio City keeps dumping trash into the waterways.A Supreme Court (SC) en banc decision released a Temporary Environmental Protection Order (Tepo) ordering Baguio City to stop dumping at the Irisan site after a trash slide killed innocent people and endangered residents as far as La Union.Bontoc town also faces the same scenario when Kalinga townsfolk filed for the same protection order from the SC months ago, after years of the pollution faced by the Chico River.Baguilat said there is a trend in the filing of the cases as awareness for the environment grows.Baguilat said the role of the DENR in the filing of the cases is limited to being witnesses during the hearing of the cases in courts, stipulating the extent of augmentation measure taken to resolve the problem, as well as how it has interacted with the areas involved.Baguilat said the courts are solely in charge of ordering towns to stop dumping once a Tepo is issued.However, Baguilat said there have been many interventions to solve the problem of the Balili dumping, including the Balili River System Revitalization Coalition (BRSRC) and the adopt an Estero program the agency rolled out for this year in a bid to up awareness for the cause.Balili River is the major river found here deriving its name from Barangay Balili.The headwater of Balili River is Sagudin River and is found in Trancoville barangay, Baguio City. Sagudin River is sustained by tributary creeks coming from Pacdal, Cabinet Hill, New Lucban, Honeymoon, Guisad, and Sto. Nino (formerly Slaughter Compound) barangays.The water of the tributary creek from Sto. Nino comes from Burnham Lake and other effluents from the business districts of Baguio City like Magsaysay Avenue and Session Road. These waters converge and flow downstream toward La Trinidad, Benguet as the Balili River, which in turn drains into Naguilian River.Orginial article foundSunday, December 2, 2012

LA TRINIDAD, Benguet -- Department of Environment and Natural Resources (DENR) is warning of a trending in filing Writ of Kalikasan charges.

DENR Regional Executive Director Clarence Baguilat said the pollution of the Balili River may merit a Writ of Kalikasan charge if not abated amid the filing of Benguet and Bontoc for pollution in their areas. Bawal naman talagang mag dump ng waste sa Balili.

Baguilat said the continuous pollution of the river is being blamed on dumping of Baguio City in its headwaters, as well as residents from the riverside of the Balili stretch.

All of these play a vital role as well as ordinances in the local government unit to protect the river system, he said.

Baguilat said whatever the La Trinidad residents do to clean the river is for naught if Baguio City keeps dumping trash into the waterways.

A Supreme Court (SC) en banc decision released a Temporary Environmental Protection Order (Tepo) ordering Baguio City to stop dumping at the Irisan site after a trash slide killed innocent people and endangered residents as far as La Union.

Bontoc town also faces the same scenario when Kalinga townsfolk filed for the same protection order from the SC months ago, after years of the pollution faced by the Chico River.

Baguilat said there is a trend in the filing of the cases as awareness for the environment grows.

Baguilat said the role of the DENR in the filing of the cases is limited to being witnesses during the hearing of the cases in courts, stipulating the extent of augmentation measure taken to resolve the problem, as well as how it has interacted with the areas involved.

Baguilat said the courts are solely in charge of ordering towns to stop dumping once a Tepo is issued.

However, Baguilat said there have been many interventions to solve the problem of the Balili dumping, including the Balili River System Revitalization Coalition (BRSRC) and the adopt an Estero program the agency rolled out for this year in a bid to up awareness for the cause.

Balili River is the major river found here deriving its name from Barangay Balili.

The headwater of Balili River is Sagudin River and is found in Trancoville barangay, Baguio City. Sagudin River is sustained by tributary creeks coming from Pacdal, Cabinet Hill, New Lucban, Honeymoon, Guisad, and Sto. Nino (formerly Slaughter Compound) barangays.

The water of the tributary creek from Sto. Nino comes from Burnham Lake and other effluents from the business districts of Baguio City like Magsaysay Avenue and Session Road. These waters converge and flow downstream toward La Trinidad, Benguet as the Balili River, which in turn drains into Naguilian River.Wednesday, July 24, 2013

THE draft of the long term plan for the Balili River system, designated as Water Quality Management Area (WQMA), is being finalized.

The WQMA technical working group which reconstituted the Balili River System Revitalization Coalition recently presented the drafted long term plan for 20132022 to members of the WQMA board for comments and suggestions.

The plan is aimed to improve the rivers water quality and to earn its original classification as Class A river. The waters of the Balili River, whose headwater is the Sagudin River in the city, midstream in La Trinidad, and the downstream all the way to Sablan, Benguet, deteriorated through the years due to pollution brought about by increasing population and human activities.

WQMA TWG member Dean Aurea Marie Sandoval of the Benguet State University presented the pressing issues and problems culled out in a Balili River Summit held in 2010 and during the first WQMA Board meeting last April. These served as take off points in the long term plan.

Among the issues and problems identified are congestion and constriction along river banks; erosion and siltation; loss of biodiversity/destruction of flora and fauna; aesthetics; pollution brought about by wastewater, solid waste, agricultural waste, industrial waste and wastes from Baguio City slaughterhouse, including market wastes; concerns on discipline such as low level of awareness and knowledge; passive attitude; low level of practice on solid waste management; lack of participation and involvement; and governance issues.

Corresponding strategies and outcomes desired were identified with the end in view of rehabilitating and sustaining the river system.

The short term plan for the river system was also presented. It is focused on information education campaign.

The WQMA board chaired by Environment and Management Bureau of the Department of Environment and Natural Resources Regional Director Oscar Cabanayan is composed of local government unit representatives of La Trinidad, Sablan and the city, concerned government line agencies and civil society organizations, academe, utilities among others. (Susan C. Aro)PART IIISPECIAL CIVIL ACTIONS

RULE 7WRIT OF KALIKASAN

Section 1. Nature of the writ. - The writ is a remedy available to a natural or juridical person, entity authorized by law, peoples organization, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.

Section 2. Contents of the petition. - The verified petition shall contain the following:

(a) The personal circumstances of the petitioner;

(b) The name and personal circumstances of the respondent or if the name and personal circumstances are unknown and uncertain, the respondent may be described by an assumed appellation;

(c) The environmental law, rule or regulation violated or threatened to be violated, the act or omission complained of, and the environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.

(d) All relevant and material evidence consisting of the affidavits of witnesses, documentary evidence, scientific or other expert studies, and if possible, object evidence;

(e) The certification of petitioner under oath that: (1) petitioner has not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency, and no such other action or claim is pending therein; (2) if there is such other pending action or claim, a complete statement of its present status; (3) if petitioner should learn that the same or similar action or claim has been filed or is pending, petitioner shall report to the court that fact within five (5) days therefrom; and

(f) The reliefs prayed for which may include a prayer for the issuance of a TEPO.

Section 3. Where to file. - The petition shall be filed with the Supreme Court or with any of the stations of the Court of Appeals.

Section 4. No docket fees. - The petitioner shall be exempt from the payment of docket

fees.

Section 5. Issuance of the writ. - Within three (3) days from the date of filing of the petition, if the petition is sufficient in form and substance, the court shall give an order: (a) issuing the writ; and (b) requiring the respondent to file a verified return as provided in Section 8 of this Rule. The clerk of court shall forthwith issue the writ under the seal of the court including the issuance of a cease and desist order and other temporary reliefs effective until further order.

Section 6. How the writ is served. - The writ shall be served upon the respondent by a court officer or any person deputized by the court, who shall retain a copy on which to make a return of service. In case the writ cannot be served personally, the rule on substituted service shall apply.

Section 7. Penalty for refusing to issue or serve the writ. - A clerk of court who unduly delays or refuses to issue the writ after its allowance or a court officer or deputized person who unduly delays or refuses to serve the same shall be punished by the court for contempt without prejudice to other civil, criminal or administrative actions.

Section 8. Return of respondent; contents. - Within a non-extendible period of ten (10) days after service of the writ, the respondent shall file a verified return which shall contain all defenses to show that respondent did not violate or threaten to violate, or allow the violation of any environmental law, rule or regulation or commit any act resulting to environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.

All defenses not raised in the return shall be deemed waived.

The return shall include affidavits of witnesses, documentary evidence, scientific or other expert studies, and if possible, object evidence, in support of the defense of the respondent.

A general denial of allegations in the petition shall be considered as an admission thereof.

Section 9. Prohibited pleadings and motions. - The following pleadings and motions are prohibited:

(a) Motion to dismiss;

(b) Motion for extension of time to file return;

(c) Motion for postponement;

(d) Motion for a bill of particulars;

(e) Counterclaim or cross-claim;

(f) Third-party complaint;

(g) Reply; and

(h) Motion to declare respondent in default.

Section 10. Effect of failure to file return. - In case the respondent fails to file a return, the court shall proceed to hear the petition ex parte.

Section 11. Hearing. - Upon receipt of the return of the respondent, the court may call a preliminary conference to simplify the issues, determine the possibility of obtaining stipulations or admissions from the parties, and set the petition for hearing.

The hearing including the preliminary conference shall not extend beyond sixty (60) days and shall be given the same priority as petitions for the writs of habeas corpus, amparo and habeas data.

Section 12. Discovery Measures. - A party may file a verified motion for the following reliefs:

(a) Ocular Inspection; order The motion must show that an ocular inspection order is necessary to establish the magnitude of the violation or the threat as to prejudice the life, health or property of inhabitants in two or more cities or provinces. It shall state in detail the place or places to be inspected. It shall be supported by affidavits of witnesses having personal knowledge of the violation or threatened violation of environmental law.

After hearing, the court may order any person in possession or control of a designated land or other property to permit entry for the purpose of inspecting or

photographing the property or any relevant object or operation thereon.

The order shall specify the person or persons authorized to make the inspection and the date, time, place and manner of making the inspection and may prescribe other conditions to protect the constitutional rights of all parties.

(b) Production or inspection of documents or things; order The motion must show that a production order is necessary to establish the magnitude of the violation or the threat as to prejudice the life, health or property of inhabitants in two or more cities or provinces.

After hearing, the court may order any person in possession, custody or control of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things, or objects in digitized or electronic form, which constitute or contain evidence relevant to the petition or the return, to produce and permit their inspection, copying or photographing by or on behalf of the movant.

The production order shall specify the person or persons authorized to make the production and the date, time, place and manner of making the inspection or production and may prescribe other conditions to protect the constitutional rights of all parties.

Section 13. Contempt. - The court may after hearing punish the respondent who refuses or unduly delays the filing of a return, or who makes a false return, or any person who disobeys or resists a lawful process or order of the court for indirect contempt under Rule 71 of the Rules of Court.

Section 14. Submission of case for decision; filing of memoranda. - After hearing, the court shall issue an order submitting the case for decision. The court may require the filing of memoranda and if possible, in its electronic form, within a non-extendible period of thirty (30) days from the date the petition is submitted for decision.

Section 15. Judgment. - Within sixty (60) days from the time the petition is submitted for decision, the court shall render judgment granting or denying the privilege of the writ of kalikasan.

The reliefs that may be granted under the writ are the following:

(a) Directing respondent to permanently cease and desist from committing acts or neglecting the performance of a duty in violation of environmental laws resulting in environmental destruction or damage;

(b) Directing the respondent public official, government agency, private person or entity to protect, preserve, rehabilitate or restore the environment;

(c) Directing the respondent public official, government agency, private person or entity to monitor strict compliance with the decision and orders of the court;

(d) Directing the respondent public official, government agency, or private person or entity to make periodic reports on the execution of the final judgment; and

(e) Such other reliefs which relate to the right of the people to a balanced and healthful ecology or to the protection, preservation, rehabilitation or restoration of the

environment, except the award of damages to individual petitioners.

Section 16. Appeal. - Within fifteen (15) days from the date of notice of the adverse judgment or denial of motion for reconsideration, any party may appeal to the Supreme Court under Rule 45 of the Rules of Court. The appeal may raise questions of fact.

Section 17. Institution of separate actions. - The filing of a petition for the issuance of the writ of kalikasan shall not preclude the filing of separate civil, criminal or administrative actions.Republic of thePhilippinesSUPREME COURTManilaEN BANCOn December 18, 2008, this Court rendered a Decision in G.R. Nos. 171947-48 ordering petitioners to clean up, rehabilitate and preserveManilaBayin their different capacities. Thefalloreads:WHEREFORE, the petition is DENIED. The September 28, 2005 Decision of the CA in CA-G.R. CV No. 76528 and SP No. 74944 and the September 13, 2002 Decision of the RTC in Civil Case No. 1851-99 are AFFIRMED but with MODIFICATIONS in view of subsequent developments or supervening events in the case. The fallo of the RTC Decision shall now read:WHEREFORE, judgment is hereby rendered ordering the abovenamed defendant-government agencies to clean up, rehabilitate, and preserveManilaBay, and restore and maintain its waters to SB level (Class B sea waters per Water Classification Tables under DENR Administrative Order No. 34 [1990]) to make them fit for swimming, skin-diving, and other forms of contact recreation.In particular:(1) Pursuant to Sec. 4 of EO 192, assigning the DENR as the primary agency responsible for the conservation, management, development, and proper use of the countrys environment and natural resources, and Sec. 19 of RA 9275, designating the DENR as the primary government agency responsible for its enforcement and implementation, the DENR is directed to fully implement its Operational Plan for the Manila Bay Coastal Strategy for the rehabilitation, restoration, and conservation of the Manila Bay at the earliest possible time.It is ordered to call regular coordination meetings with concerned government departments and agencies to ensure the successful implementation of the aforesaid plan of action in accordance with its indicated completion schedules.(2) Pursuant to Title XII (Local Government) of the Administrative Code of 1987 and Sec. 25 of the Local Government Code of 1991, the DILG, in exercising the Presidents power of general supervision and its duty to promulgate guidelines in establishing waste management programs under Sec. 43 of the Philippine Environment Code (PD 1152), shall direct all LGUs in Metro Manila, Rizal, Laguna, Cavite, Bulacan, Pampanga, and Bataan to inspect all factories, commercial establishments, and private homes along the banks of the major river systems in their respective areas of jurisdiction, such as but not limited to the Pasig-Marikina-San Juan Rivers, the NCR (Paraaque-Zapote, Las Pias) Rivers, the Navotas-Malabon-Tullahan-Tenejeros Rivers, the Meycauayan-Marilao-Obando (Bulacan) Rivers, the Talisay (Bataan) River, the Imus (Cavite) River, the Laguna De Bay, and other minor rivers and waterways that eventually discharge water into the Manila Bay; and the lands abutting the bay, to determine whether they have wastewater treatment facilities or hygienic septic tanks as prescribed by existing laws, ordinances, and rules and regulations. If none be found, these LGUs shall be ordered to require non-complying establishments and homes to set up said facilities or septic tanks within a reasonable time to prevent industrial wastes, sewage water, and human wastes from flowing into these rivers, waterways, esteros, and the Manila Bay, under pain of closure or imposition of fines and other sanctions.(3) As mandated by Sec. 8 of RA 9275, the MWSS is directed to provide, install, operate, and maintain the necessary adequate waste water treatment facilities in Metro Manila, Rizal, and Cavite where needed at the earliest possible time.(4) Pursuant to RA 9275, the LWUA, through the local water districts and in coordination with the DENR, is ordered to provide, install, operate, and maintain sewerage and sanitation facilities and the efficient and safe collection, treatment, and disposal of sewage in the provinces of Laguna, Cavite, Bulacan, Pampanga, and Bataan where needed at the earliest possible time.(5) Pursuant to Sec. 65 of RA 8550, the DA, through the BFAR, is ordered to improve and restore the marine life of theManilaBay.It is also directed to assist the LGUs in Metro Manila, Rizal,Cavite, Laguna, Bulacan, Pampanga, and Bataan in developing, using recognized methods, the fisheries and aquatic resources in theManilaBay.(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 violators of PD 979, RA 8550, and other existing laws and regulations designed to prevent marine pollution in theManilaBay.(7) Pursuant to Secs. 2 and 6-c of EO 513 and the International Convention for the Prevention of Pollution from Ships, the PPA is ordered to immediately adopt such measures to prevent the discharge and dumping of solid and liquid wastes and other ship-generated wastes into theManilaBaywaters from vessels docked at ports and apprehend the violators.(8) The MMDA, as the lead agency and implementor of programs and projects for flood control projects and drainage services in Metro Manila, in coordination with the DPWH, DILG, affected LGUs, PNP Maritime Group, Housing and Urban Development Coordinating Council (HUDCC), and other agencies, shall dismantle and remove all structures, constructions, and other encroachments established or built in violation of RA 7279, and other applicable laws along the Pasig-Marikina-San Juan Rivers, the NCR (Paraaque-Zapote, Las Pias) Rivers, the Navotas-Malabon-Tullahan-Tenejeros Rivers, and connecting waterways and esteros in Metro Manila.The DPWH, as the principal implementor of programs and projects for flood control services in the rest of the country more particularly in Bulacan, Bataan, Pampanga, Cavite, and Laguna, in coordination with the DILG, affected LGUs, PNP Maritime Group, HUDCC, and other concerned government agencies, shall remove and demolish all structures, constructions, and other encroachments built in breach of RA 7279 and other applicable laws along the Meycauayan-Marilao-Obando (Bulacan) Rivers, the Talisay (Bataan) River, the Imus (Cavite) River, the Laguna De Bay, and other rivers, connecting waterways, and esteros that discharge wastewater into the Manila Bay.In addition, the MMDA is ordered to establish, operate, and maintain a sanitary landfill, as prescribed by RA 9003, within a period of one (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 apprehension and filing of the appropriate criminal cases against violators of the respective penal provisions of RA 9003, Sec. 27 of RA 9275 (the Clean Water Act), and other existing laws on pollution.(9) The DOH shall, as directed by Art. 76 of PD 1067 and Sec. 8 of RA 9275, within one (1) year from finality of this Decision, determine if all licensed septic and sludge companies have the proper facilities for the treatment and disposal of fecal sludge and sewage coming from septic tanks. The DOH shall give the companies, if found to be non-complying, a reasonable time within which to set up the necessary facilities under pain of cancellation of its environmental sanitation clearance.(10) Pursuant to Sec. 53 of PD 1152, Sec. 118 of RA 8550, and Sec. 56 of RA 9003, the DepEd shall integrate lessons on pollution prevention, waste management, environmental protection, and like subjects in the school curricula of all levels to inculcate in the minds and hearts of students and, through them, their parents and friends, the importance of their duty toward achieving and maintaining a balanced and healthful ecosystem in the Manila Bay and the entire Philippine archipelago.(11) The DBM shall consider incorporating an adequate budget in the General Appropriations Act of 2010 and succeeding years to cover the expenses relating to the cleanup, restoration, and preservation of the water quality of the Manila Bay, in line with the countrys development objective to attain economic growth in a manner consistent with the protection, preservation, and revival of our marine waters.(12) The heads of petitioners-agencies MMDA, DENR, DepEd, DOH, DA, DPWH, DBM, PCG, PNP Maritime Group, DILG, and also of MWSS, LWUA, and PPA, in line with the principle of continuing mandamus, shall, from finality of this Decision, each submit to the Court a quarterly progressive report of the activities undertaken in accordance with this Decision.SO ORDERED.The government agencies did not file any motion for reconsideration and the Decision became final in January 2009.The case is now in the execution phase of the final and executory December 18, 2008 Decision.The Manila Bay Advisory Committee was created to receive and evaluate the quarterly progressive reports on the activities undertaken by the agencies in accordance with said decision and to monitor the execution phase.In the absence of specific completion periods, the Committee recommended that time frames be set for the agencies to perform their assigned tasks.This may be viewed as an encroachment over the powers and functions of the Executive Branch headed by the President of thePhilippines.This view is misplaced.The issuance of subsequent resolutions by the Court is simply an exercise of judicial power under Art. VIII of the Constitution, because the execution of the Decision is but an integral part of the adjudicative function of the Court.None of the agencies ever questioned the power of the Court to implement the December 18, 2008 Decision nor has any of them raised the alleged encroachment by the Court over executive functions.While additional activities are required of the agencies like submission of plans of action, data or status reports, these directives are but part and parcel of the execution stage of a final decision under Rule 39 of the Rules of Court.Section 47 of Rule 39 reads:Section 47.Effect of judgments or final orders.The effect of a judgment or final order rendered by a court of thePhilippines, having jurisdiction to pronounce the judgment or final order, may be as follows:x x x x(c)In any other litigation between the same parties of their successors in interest,that only is deemed to have been adjudged in a former judgment or final order which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto. (Emphasis supplied.)It is clear that the final judgment includes not only what appears upon its face to have been so adjudged but also those matters actually and necessarily included therein or necessary thereto.Certainly, any activity that is needed to fully implement a final judgment is necessarily encompassed by said judgment.Moreover, the submission of periodic reports is sanctioned by Secs. 7 and 8, Rule 8 of the Rules of Procedure for Environmental cases:Sec. 7.Judgment.If warranted, the court shall grant the privilege of the writ of continuing mandamus requiring respondent to perform an act or series of acts until the judgment is fully satisfied and to grant such other reliefs as may be warranted resulting from the wrongful or illegal acts of the respondent.The court shall require the respondent to submit periodic reports detailing the progress and execution of the judgment, and the court may, by itself or through a commissioner or the appropriate government agency, evaluate and monitor compliance.The petitioner may submit its comments or observations on the execution of the judgment.Sec. 8.Return of the writ.The periodic reports submitted by the respondent detailing compliance with the judgment shall be contained in partial returns of the writ.Upon full satisfaction of the judgment, a final return of the writ shall be made to the court by the respondent.If the court finds that the judgment has been fully implemented, the satisfaction of judgment shall be entered in the court docket. (Emphasis supplied.)With the final and executory judgment inMMDA, the writ of continuing mandamus issued inMMDAmeans that until petitioner-agencies have shown full compliance with the Courts orders, the Court exercises continuing jurisdiction over them until full execution of the judgment.There being no encroachment over executive functions to speak of, We shall now proceed to the recommendation of the Manila Bay Advisory Committee.Several problems were encountered by the Manila Bay Advisory Committee.[2]An evaluation of the quarterly progressive reports has shown that (1) there are voluminous quarterly progressive reports that are being submitted; (2) petitioner-agencies do not have a uniform manner of reporting their cleanup, rehabilitation and preservation activities; (3) as yet no definite deadlines have been set by petitioner DENR as to petitioner-agencies timeframe for their respective duties; (4) as of June 2010 there has been a change in leadership in both the national and local levels; and (5) some agencies have encountered difficulties in complying with the Courts directives.In order to implement the afore-quoted Decision, certain directives have to be issued by the Court to address the said concerns.Acting on the recommendation of the Manila Bay Advisory Committee, the Court hereby resolves toORDERthe following:(1)The Department of Environment and Natural Resources (DENR), as lead agency in thePhilippine Clean Water Act of 2004, shall submit to the Court on or before June 30, 2011 the updatedOperational Plan for the Manila Bay Coastal Strategy.The DENR is ordered to submit summarized data on the overall quality ofManilaBaywaters for all four quarters of 2010 on or before June 30, 2011.The DENR is further ordered to submit the names and addresses of persons and companies in Metro Manila, Rizal, Laguna,Cavite, Bulacan, Pampanga andBataanthat generate toxic and hazardous waste on or before September 30, 2011.(2)On or before June 30, 2011, the Department of the Interior and Local Government (DILG) shall order the Mayors of all cities in Metro Manila; the Governors of Rizal, Laguna, Cavite, Bulacan, Pampanga and Bataan; and the Mayors of all the cities and towns in said provinces to inspect all factories, commercial establishments and private homes along the banks of the major river systemssuch as but not limited to the Pasig-Marikina-San Juan Rivers, the National Capital Region (Paranaque-Zapote, Las Pinas) Rivers, the Navotas-Malabon-Tullahan-Tenejeros Rivers, the Meycauayan-Marilao-Obando (Bulacan) Rivers, the Talisay (Bataan) River, the Imus (Cavite) River, and the Laguna De Bayand other minor rivers and waterways within their jurisdiction that eventually discharge water into the Manila Bay and the lands abutting it, to determine if they have wastewater treatment facilities and/or hygienic septic tanks, as prescribed by existing laws, ordinances, rules and regulations.Said local government unit (LGU) officials are given up to September 30, 2011 to finish the inspection of said establishments and houses.In case of non-compliance, the LGU officials shall take appropriate action to ensure compliance by non-complying factories, commercial establishments and private homes with said law, rules and regulations requiring the construction or installment of wastewater treatment facilities or hygienic septic tanks.The aforementioned governors and mayors shall submit to the DILG on or before December 31, 2011 their respective compliance reports which will contain the names and addresses or offices of the owners of all the non-complying factories, commercial establishments and private homes, copy furnished the concerned environmental agency, be it the local DENR office or the Laguna Lake Development Authority.The DILG is required to submit a five-year plan of action that will contain measures intended to ensure compliance of all non-complying factories, commercial establishments, and private homes.On or before June 30, 2011, the DILG and the mayors of all cities in Metro Manila shall consider providing land for the wastewater facilities of the Metropolitan Waterworks and Sewerage System (MWSS) or its concessionaires (Maynilad and Manila Water, Inc.) within their respective jurisdictions.(3)The MWSS shall submit to the Court on or before June 30, 2011 the list of areas in Metro Manila, Rizal andCavitethat do not have the necessary wastewater treatment facilities. Within the same period, the concessionaires of the MWSS shall submit their plans and projects for the construction of wastewater treatment facilities in all the aforesaid areas and the completion period for said facilities, which shall not go beyond 2037.On or before June 30, 2011, the MWSS is further required to have its two concessionaires submit a report on the amount collected as sewerage fees in their respective areas of operation as of December 31, 2010.(4)The Local Water Utilities Administration is ordered to submit on or before September 30, 2011 its plan to provide, install, operate and maintain sewerage and sanitation facilities in said cities and towns and the completion period for said works, which shall be fully implemented by December 31, 2020.(5)The Department of Agriculture (DA), through the Bureau of Fisheries and Aquatic Resources, shall submit to the Court on or before June 30, 2011 a report on areas in Manila Bay where marine life has to be restored or improved and the assistance it has extended to the LGUs in Metro Manila, Rizal, Cavite, Laguna, Bulacan, Pampanga and Bataan in developing the fisheries and aquatic resources inManilaBay.The report shall contain monitoring data on the marine life in said areas. Within the same period, it shall submit its five-year plan to restore and improve the marine life inManilaBay, its future activities to assist the aforementioned LGUs for that purpose, and the completion period for said undertakings.The DA shall submit to the Court on or before September 30, 2011 the baseline data as of September 30, 2010 on the pollution loading into theManilaBaysystem from agricultural and livestock sources.(6)The Philippine Ports Authority (PPA) shall incorporate in its quarterly reports the list of violators it has apprehended and the status of their cases. The PPA is further ordered to include in its report the names, make and capacity of the ships that dock in PPA ports.The PPA shall submit to the Court on or before June 30, 2011 the measures it intends to undertake to implement its compliance with paragraph 7 of the dispositive portion of the MMDA Decision and the completion dates of such measures.The PPA should include in its report the activities of its concessionaire that collects and disposes of the solid and liquid wastes and other ship-generated wastes, which shall state the names, make and capacity of the ships serviced by it since August 2003 up to the present date, the dates the ships docked at PPA ports, the number of days the ship was at sea with the corresponding number of passengers and crew per trip, the volume of solid, liquid and other wastes collected from said ships, the treatment undertaken and the disposal site for said wastes.(7)The Philippine National Police (PNP) Maritime Group shall submit on or before June 30, 2011 its five-year plan of action on the measures and activities it intends to undertake to apprehend the violators of Republic Act No. (RA) 8550 or thePhilippine Fisheries Code of 1998and other pertinent laws, ordinances and regulations to prevent marine pollution inManilaBayand to ensure the successful prosecution of violators.The Philippine Coast Guard shall likewise submit on or before June 30, 2011 its five-year plan of action on the measures and activities they intend to undertake to apprehend the violators of Presidential Decree No. 979 or theMarine Pollution Decree of 1976and RA 9993 or thePhilippine Coast Guard Law of 2009and other pertinent laws and regulations to prevent marine pollution inManilaBayand to ensure the successful prosecution of violators.(8)The Metropolitan Manila Development Authority (MMDA) shall submit to the Court on or before June 30, 2011 the names and addresses of the informal settlers in Metro Manila who, as of December 31, 2010, own and occupy houses, structures, constructions and other encroachments established or built along the Pasig-Marikina-San Juan Rivers, the NCR (Paraaque-Zapote, Las Pias) Rivers, the Navotas-Malabon-Tullahan-Tenejeros Rivers, and connecting waterways andesteros, in violation of RA 7279 and other applicable laws.On or before June 30, 2011, the MMDA shall submit its plan for the removal of said informal settlers and the demolition of the aforesaid houses, structures, constructions and encroachments, as well as the completion dates for said activities, which shall be fully implemented not later than December 31, 2015.The MMDA is ordered to submit a status report, within thirty (30) days from receipt of this Resolution, on the establishment of a sanitary landfill facility for Metro Manila in compliance with the standards under RA 9003 or theEcological Solid Waste Management Act.On or before June 30, 2011, the MMDA shall submit a report of the location of open and controlled dumps in Metro Manila whose operations are illegal after February 21, 2006,[3]pursuant to Secs. 36 and 37 of RA 9003, and its plan for the closure of these open and controlled dumps to be accomplished not later than December 31, 2012.Also, on or before June 30, 2011, the DENR Secretary, as Chairperson of the National Solid Waste Management Commission (NSWMC), shall submit a report on the location of all open and controlled dumps in Rizal,Cavite, Laguna, Bulacan, Pampanga andBataan.On or before June 30, 2011, the DENR Secretary, in his capacity as NSWMC Chairperson, shall submit a report on whether or not the following landfills strictly comply with Secs. 41 and 42 of RA 9003 on the establishment and operation of sanitary landfills, to wit:National Capital Region1.Navotas SLF (PhilEco), Brgy. Tanza (New Site),NavotasCity2.Payatas Controlled Dumpsite, Barangay Payatas,Quezon CityRegion III3.Sitio Coral, Brgy. Matictic, Norzagaray, Bulacan4.Sitio Tiakad, Brgy.San Mateo, Norzagaray, Bulacan5.Brgy. Minuyan, San Jose del Monte City, Bulacan6.Brgy. Mapalad,Santa Rosa, Nueva Ecija7.Sub-zone Kalangitan, Clark Capas, Tarlac SpecialEconomic ZoneRegion IV-A8.Kalayaan (Longos), Laguna9.Brgy. Sto. Nino,San PabloCity, Laguna10.Brgy.San Antonio(Pilotage SLF), San Pedro, Laguna11.Morong, Rizal12.Sitio Lukutan, Brgy.San Isidro, Rodriguez (Montalban), Rizal (ISWIMS)13.Brgy. Pintong Bukawe,San Mateo, Rizal (SMSLFDC)On or before June 30, 2011, the MMDA and the seventeen (17) LGUs in Metro Manila are ordered to jointly submit a report on the average amount of garbage collected monthly per district in all the cities in Metro Manila from January 2009 up to December 31, 2010 vis--vis the average amount of garbage disposed monthly in landfills and dumpsites.In its quarterly report for the last quarter of 2010 and thereafter, MMDA shall report on the apprehensions for violations of the penal provisions of RA 9003, RA 9275 and other laws on pollution for the said period.On or before June 30, 2011, the DPWH and the LGUs in Rizal, Laguna, Cavite, Bulacan, Pampanga, and Bataan shall submit the names and addresses of the informal settlers in their respective areas who, as of September 30, 2010, own or occupy houses, structures, constructions, and other encroachments built along the Meycauayan-Marilao-Obando (Bulacan) Rivers, the Talisay (Bataan) River, the Imus (Cavite) River, the Laguna de Bay, and other rivers, connecting waterways andesterosthat discharge wastewater into the Manila Bay, in breach of RA 7279 and other applicable laws.On or before June 30, 2011, the DPWH and the aforesaid LGUs shall jointly submit their plan for the removal of said informal settlers and the demolition of the aforesaid structures, constructions and encroachments, as well as the completion dates for such activities which shall be implemented not later than December 31, 2012.(9)The Department of Health (DOH) shall submit to the Court on or before June 30, 2011 the names and addresses of the owners of septic and sludge companies including those that do not have the proper facilities for the treatment and disposal of fecal sludge and sewage coming from septic tanks.The DOH shall implement rules and regulations on Environmental Sanitation Clearances and shall require companies to procure a license to operate from the DOH.The DOH and DENR-Environmental Management Bureau shall develop a toxic and hazardous waste management system by June 30, 2011 which will implement segregation of hospital/toxic/hazardous wastes and prevent mixing with municipal solid waste.On or before June 30, 2011, the DOH shall submit a plan of action to ensure that the said companies have proper disposal facilities and the completion dates of compliance.(10)The Department of Education (DepEd) shall submit to the Court on or before May 31, 2011 a report on the specific subjects on pollution prevention, waste management, environmental protection, environmental laws and the like that it has integrated into the school curricula in all levels for the school year 2011-2012.On or before June 30, 2011, the DepEd shall also submit its plan of action to ensure compliance of all the schools under its supervision with respect to the integration of the aforementioned subjects in the school curricula which shall be fully implemented by June 30, 2012.(11)All the agencies are required to submit their quarterly reports electronically using the forms below. The agencies may add other key performance indicators that they have identified.SO ORDERED._________________________________________Stakeholders duty-bound to revitalize and clean-up Balili RiverBY: SUSAN C. AROThursday 19th of September 2013 10 0 0 0 0BAGUIO CITY, Sept. 19 (PIA) - - Stakeholders are duty-bound to do their share in revitalizing and cleaning the Balili River which is designated as Water Quality Management Area (WQMA).Mayor Mauricio Domogan during the celebration of the Balili River Day last September 16 , said that the people and other stakeholders are obliged to ensure that the waters of the Sagudin River, the headwaters of the Balili river, situated in the city is clean when it flows to the creek or wherever it will go because it is the right thing to do. It should be maintained and cleaned as this is the source of water of our children and the future generations, he stressed.The Environmental Management Bureau of the Department of Environment and Natural Resource (EMB-DENR) designated the Balili River as WQMA last January covering the areas of La Trinidad, Sablan and the city. The designation of the river system as WQMA is intended to improve the quality of its waters which has deteriorated through the years to regain its Class A classification.He recognized the voluntary and harmonized efforts of the Balili River System Revitalization Coalition (BRSRC) in addressing the concern of the BLISTT areas or the Baguio-La Trinidad-Itogon Sablan-Tuba-Tublay and noted the shelving of parochial interest which used to be the practice in the past.Sablan Mayor Arthur Baldo agreed that it is the duty of those in the BLISTT areas to revitalize the Balili Rriver underscoring its significance as the source of water of the Hydroelectric Development Corporation (HEDCOR) mini-hydro power plants situated in Sablan. The town gets share from the collection of taxes from HEDCORs mini-hydro project boosting its coffers.Baldo commended the efforts of the coalition in coming together to rehabilitate the river system. Saving the Balili River is helping the municipality of Sablan, he added.For her part, La Trinidad Mayor Edna Tabanda, who was born and raised in the town and knows the real situation of the river system then and now, assured her support to all the programs and projects of the WQMA and the BRSRC. Domogan suggested the inclusion of Tublay as part of the WQMA as the Balili river system also traverses the municipality of Tublay before it flows downstream to Sablan. He also acknowledged the coalitions website development which he said is a concrete example of synergism in the hope this would help in the rehabilitation efforts.The BRSRC launched during the Balili River Day its One-Stop-Shop research-based website with a pollution monitoring system developed by the University of the Cordilleras. The monitoring system has SMS alert and SMS map features to track complaints and feedback in the affected barangays for barangay officials and other stakeholders to address Apart from the coalitions profile and basic information, researches, news and updates and discussion forum, other features of the web include water quality data readings and google satellite imagery of the river stretch including designated water sampling monitoring stations.La Trinidad and city barangay officials who were present during the launching took turns in registering to form part of the directory of the webs monitoring system..Also in September 16, clean-up drives in the towns of La Trinidad, Sablan and the city were simultaneously undertaken. (JDP/SCA- PIA CAR)- See more at: http://car.pia.gov.ph/index.php?article=71379489904#sthash.Ph8IB8j9.dpufSunday, September 2, 2012

LA TRINIDAD, Benguet - Balili River started getting polluted in the 60s.

University of the Philippines Baguio Chancellor Raymundo Rovillos said massive destruction began for the river during the 1960s when Baguio City began picking up as an educational hub.

Rovillos said during that time, there were many industries being set up in the mountain city, affecting the ecosystem of the Balili River.

UPB College of Social Sciences research showed a detailed history of the river starting from the pre-Hispanic Era to the present highlighting each era's contribution to its degradation.

According to historical records, the headwater of Balili River is Sagudin River found in Barangay Trancoville, Baguio City.

Sagudin River is sustained by tributary creeks coming from Pacdal, Cabinet Hill, New Lucban, Honeymoon, Guisad, and Sto. Nio (formerly Slaughter Compound) barangays running through the City of Baguio, La Trinidad and Sablan towns in Benguet.

Rovillos said the pollution peaked anew in the 1990s after the earthquake, when development peaked again for Baguio infusing massive population.

"It is now in a bad state, and it would take a lifetime effort to clean up," he said. "Now we know how the paradise got lost, it is because of human intervention."

The UPB research started in the 1897, when Balili River was seen as part of a swamp. The river was then named "Arroyo de Mapili" or Little River. It served as a primary source for food, flora and fauna for people living in the area and nearby towns.

In 1847, La Trinidad was formally established as a settlement.

In the Spanish era, flooding was reported in the river, forcing the Spaniards to build a drainage system.

The research pinpoints the Japanese Imperial era started the commercial production of temperate vegetables.

During the Japanese time, La Trinidad became a battleground, evidenced with defense posts in Cruz area. A cemetery for Japanese forces was also established in the area based on the research.

The Balili River is still classified as Class A in 1975 and its water is intended for public water supply, meant to get minimal treatment and its water can be used for drinking. Over the years, however, the condition of the river deteriorated.

Advocates said reclassification of the river should be done, but others argue the Class A seal should now become a goal all should work for to achieve. (Ma. Elena Catajan)Balili River designated as Water Quality Management Area; governing board createdBY: SUSAN C. AROSaturday 23rd of March 2013 19 0 0 0 0BAGUIO CITY, Mar. 23 (PIA) -- Department of Environment and Natural Resources (DENR) Secretary Ramon Paje has approved last January the designation of the Balili River system as Water Quality Management Area (WQMA) to protect and improve water quality of the river system.

DENR Administrative Order No. 2013-05 designated the Balili River as WQMA covering the areas of La Trinidad and Sablan in Benguet and the city, pursuant to the Philippine Clean Water Act of 2004

With the designation, a governing board was recently organized to oversee and give directions on rehabilitation efforts of the water quality of the river system.

The Balili River system was categorized as Class A in 1975 but its waters deteriorated through the years due to pollution, urbanization, and human activities.

The governing board is chaired by Environment and Management Bureau (EMB)-DENR-Cordillera Regional Technical with members composed of representatives from the Office of the Governor of Benguet, Cordillera Regional Development Council, mayors and Liga ng mga Punong Barangay presidents of Baguio City, La Trinidad and Sablan, concerned regional directors, representatives from business sector, water utility, duly registered non-government organizations involved in environmental concerns, and the academe, the Balili River System Revitalization Coalition and Benguet State University.

Among the functions of the governing board are to formulate strategies, monitor and facilitate regulations, coordinate information dissemination activities, undertake projects and complementary interventions, formulate rules based on applicable and pertinent laws, policies, rules and regulations.

During the organizational meeting last March 13, it was agreed that Balili River System Revitalization Coalition (BRSRC) will constitute the technical working group of the governing board.

The BRSRC composed of multisectoral groups was organized in July 2011 to harmonize efforts in rehabilitating the river system. The coalition paved the way for the designation of the Balili River as WQMA.

Meanwhile, Benguet Governor Nestor Fongwan during the meeting underscored the need to act on commitments towards rehabilitating the Balili river as there were initiatives in the past which were not acted upon.

Also presented during the governing board organizational meeting were the provisions of DAO 2013-05, history of Balili river, the BRSRC undertakings since 2011 anchored on the key result area committees on enhanced data, improved governance, infrastructure and vegetation, heightened awareness, and reduced dumping of wastes. (JDP/SCA-PIA CAR,Benguet)- See more at: http://car.pia.gov.ph/index.php?article=71363932695#sthash.XLrMaNFi.dpufUP-Baguio joins Balili River crusade

2-AA+ABy Rubyloida BitogSaturday, June 23, 2012

THE coalition to revitalize the Balili River thrives as many more volunteers continue to join the campaign.

The University of the PhilippinesBaguio (UPB) is one of the key members of the coalition.

UPB Chancellor Dr. Raymundo Rovillos said volunteers from different walks of life, mostly politicians, join the coalition for further development of the river.

The Balili River System Revitalization coalition is composed of member volunteers from academic institutions located in Baguio City and La Trinidad. These are UPB, Benguet State University, University of the Cordilleras, Saint Louis University, University of Baguio, Pines City Colleges, city and towns mayors offices, and other government agencies and even nongovernment organizations.

Representatives from the city and towns barangays attended the forum on the program last April 21. Around 80 barangays were represented. Among the problems identified by the residents that hinder the implementation of the project are lack of connection to the citys sewer system, septic tank wastes being drained into the river, and throwing of garbage to the river.

UPBs Victoria Diaz, who documented the forum, said: The totally unexpected (problem) was dead animals (floating) and the answer still remains a mystery.

Moreover, some of the problems perceived were lack of cooperation of the residents and garbage disposal.

Diaz, in a press statement, said they aim to make the river a water quality management area. This vision intends to address the sources of pollution and improve water quality for more productive uses, better public health and environmental aesthetics.

Dr. Rovillos said this project of UPBalili River Community Clean-up DayNovember 8, 2012 by Watwatworld Leave a Comment

The municipal government of La Trinidad, through the office of the Vice Mayor together with the Community as represented by different Barangay and SK Officials, schools and non government organizations had a successful Balili River Clean Up day. The activity was aimed to clean and declog the Balili river of garbage and plastic wastes along.The clean up drive started from Km3 along Bell Church up to KM6 near the capitol building. It was a heartwarming activity because people from all over the municipality came to participate. NGOs like watwatworld and luzon14 and LTSB Photographers also went to clean the river.Although many of those who participated have a bad feeling against Baguio City Residents because majority of the garbage comes from that city, still,they did their job and cleaned their designated areas.At the end of the day it was a good activity because it also opened the eyes and minds of the younger generation the need to clean and preserve mother nature in its entirety.

The 1987 Constitution mandates the right to a healthy environment via Sec. 16, Art. II of the Philippine Constitution which provides that: The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Section 15 of the same Article provides that: The State shall protect and promote the right to health of the people and instill health consciousness among them.

Highlights of the Rules include provisions on: (1) citizen suits, (2) consent decree, (3) environmental protection order, (4) writ of kalikasan, (5) writ of continuing mandamus, (6)strategic lawsuits against public participation (SLAPP) and (7) the precautionary principle.

The provision on citizen suits liberalizes standing for all cases filed enforcing environmental laws. Citizen suits have proven critical in forcing government and its agencies to act on its duty to protect and preserve the environment. The terminology of the text reflects the doctrine first enunciated in Oposa v. Factoran (G.R. No. 101083, July 30, 1993). To further encourage the protection of the environment, the Rules enable litigants enforcing environmental rights to file their cases as citizen suits. As a procedural device, citizen suits permit deferred of payment of filing fees until after the judgment

The use of a consent decree is an innovative way to resolve environmental cases. It allows for a compromise agreement between two parties in environmental litigation over issues that would normally be litigated in court, and other matters that may not necessarily be of issue in court.

An environmental protection order refers to an order issued by the court directing or enjoining any person or government agency to perform or desist from performing an act in order to protect, preserve or rehabilitate the environment. It integrates both prohibitive and mandatory reliefs in order to appropriately address the factual circumstances surrounding the case. This remedial measure can also be prayed for in the writs of kalikasan and continuing mandamus.