Pollution:

Issues and
Challenges
Atty. Grizelda Gerthie Mayo-Anda
Environmental Legal Assistance Center, Inc. (ELAC)
MMDA VS. CONCERNED
CITIZENS OF MANILA BAY
(574 SCRA, 661, 665; DEC. 18,
2008)
 Background
In January 1999, Concerned Residents of Manila Bay sued several
government agencies for the clean up, rehabilitation, and protection of
Manila Bay, invoking their Constitutional rights, a plethora of statutes,
and even international law.
At trial, the plaintiffs established that the fecal coliform content of
waters in the beaches around Manila Bay ranged from five thousand
to eight thousand most probable number (MPN) per ten milliliters,
which far exceeds the prescribed two hundred MPN per ten milliliters
safe level for bathing and other forms of contact recreational activities.
Government agencies presented evidence showing their efforts to
reduce pollution along the shores of Manila Bay.
On September 13, 2002, the trial court issued a writ of mandamus
commanding the government agencies to clean up Manila Bay. The
government agencies appealed to the Court of Appeals, which
affirmed the trial courts decision in full, stressing that the trial courts
decision did not require petitioners to do tasks outside of their usual
basic functions under existing laws.

 Issues
whether the Philippine Environment Code
provisions on Upgrading of Water Quality
and Cleanup Operations envisage cleanup
in general or pertain merely to specific
pollution incidents
whether mandamus can be issued to
clean up and rehabilitate Manila Bay,
focusing on the ministerial duty
requirement
 Decision
The underlying duty to upgrade the quality of water under the Code
is not conditioned on any specific pollution incident as long as water
quality has deteriorated to a degree where its state will adversely
affect its best usage.
The government agencies, the Court held, are mandated to take
such measures as may be necessary to meet the prescribed water
quality standards.
The Philippine Supreme Court emphasized that it is well-nigh
impossible to draw the line between a specific and a general
pollution incident . . . . [S]uch impossibility extends to pinpointing
with reasonable certainty who the polluters are.
The duty to clean up and maintain water standards thus extends to
polluters in Manila Bay itself, those in adjoining lands and waters,
and even to individual persons whose contaminants eventually end
up in the bay.
 Decision
The Philippine Environment Codes
mandate in conjunction with various codes
and statutes, including the charters of
each government agency, taken together
reinforce the conclusion that cleaning up
Manila Bay is their ministerial dutyThese
laws were clear, categorical, and
complete in obligating the government
agencies to clean up Manila Bay and that
they had no discretion otherwise.
 Decision
The Supreme Court used the principle of
continuing mandamus, which was unheard of in
the country before. This principle was adopted
from Vineet Narain v. Union of India, an Indian
Supreme Court case, where continuing
mandamus was used to enforce the cleanup of
the Ganges River from industrial and municipal
pollution.
The heads of the government agencies involved
were required to each submit to the Court a
quarterly progressive report of the activities
undertaken in accordance with th[e] Decision.
ONGOING CASES
(1) AERIAL SPRAY
(2) COAL ASH
 Aerial Spray case
In 2007, Davao City enacted Ordinance No.
0309-07 otherwise known as the Ordinance
Banning Aerial Spraying as an Agricultural
Practice in all Agricultural Entities in Davao City.
The ordinance was questioned by the Philippine
Banana Growers and Exporters Association
(PBGEA) before the Regional Trial Court based
on the ground that the ordinance was
unconstitutional.
RTC ruled that the ordinance was valid and
consitutional
Common occurrence. Children on the way to school is sprayed by pesticides.
Subasta, Davao City. June 2006. Photo by Dags Magaway
Aerial
spraying is
just the tip
of the The problem of
iceberg . . . corporate-led
plantation style
agricultural system
of monocropping
 Aerial Spray case
PBGEA appealed the case to the Court of
Appeals.
CA decided the case against the
constitutionality of the ordinance.
Affected community filed a petition for
certiorari before the Supreme Court.
Meanwhile, the DENR, DA-Fertilizer and
Pesticide Authority, DOH and Congress
began to take an interest in the issue. There
are pending bills banning aerial spraying as
an agricultural activity.
Philippine Earth Justice Center, et al. vs.
DENR, et al. (on Cebu Energy
Development Corporation or CEPCO)
seeking the issuance of an
ENVIRONMENTAL PROTECTION
ORDER with prayer for TEPO and Writ of
Continuing Mandamus
(COAL ASH CASE)
Mountain of coal ash
generated by Toledo
coal-fired power
plants
indiscriminately
dumped right
beside the lower
portion of the newly
built City Hall of
Toledo. (Photo taken
by Atty. Ben Cabrido
on June 13, 2010)

Coal Ash, are byproducts of the combustion of coal at power plants and are
disposed of in liquid form at large surface impoundments and in solid form at
landfills. These residuals contain contaminants like mercury, cadmium and
arsenic associated with cancer and various other serious health effects. EPAs
risk assessment and damage cases demonstrate that, without proper
protections, these contaminants can leach into groundwater and often migrate
to drinking water sources, posing significant health concerns. (US EPA,
quoted at PEJC vs. DENR)
 Coal Ash Case
Indiscriminate Coal Ash Dumping in
Toledo City and Naga City
Adverse health effects of exposure to coal
ash and its by-products
Exposure to coal ash is more dangerous than
smoking a pack of cigarettes a day
 Some Issues
improper and environmentally reckless
dumping of coal ash along waterways
and water bodies violated the Clean
Water Act and the Fisheries Code
improper dumping of coal ash violated
the Solid Waste Management Act
reckless dumping of coal ash violated
the Toxic, Hazardous and Nuclear
Wastes Act
Negligence of mandated government
officials
 Issues on RA 9003
Zero Waste vs. Sanitary Landfills
Capacity of LGUs to implement RA 9003,
especially barangays
Who is liable for the absence of plan, the
operation of dumpsites, non-segregation
of wastes
Ban on incineration; Pagsisiga
(neighborhood sanitation)
Use of plastics
How do we avoid this?
Bags find their way into the sea via
drains and sewage pipes

- CNN.com/tecnhology November 16, 2007

 Plastic shopping bags are
made from polyethylene:
a thermoplastic made from oil

- CNN.com/tecnhology November 16, 2007

Environmental Impact Statement
A detailed statement of:
The environmental impact of the proposed action, project
or undertaking;
Any adverse environmental effect which cannot be
avoided should the proposal be implemented;
Alternative to the proposed action;
A determination that the short term uses of the resources
of the environment are consistent with the maintenance
and enhancement of the long term productivity of the
same
Whenever a proposal involves the use of depletable or
non-renewable resources, a finding that such use and
commitment are warranted
 Issues re EIA
1. Participation and Social Acceptability
Many ECCs issued in the absence of
community consultations and LGUs
consent or endorsement
Observance of Free, Prior and Informed
Consent (FPIC)
Confusion on whether public participation
and social acceptability are still part of EIS
system requirements
 Issues re EIA
2. Coverage
significant impact test vs. redefining
Environmentally Critical Projects (ECPs)
and Environmentally Critical Areas (ECAs)
ECC is no longer required in exploration
activities, except for coal exploration; and
in lieu of the ECC, an Environmental Work
Program (EWP) is required
 EIA issues
3. Timelines
Automatic approval
4. Planning vs. Regulatory tool
5. Cumulative and synergistic effects
6. EIS content
Completeness of EIS
Resource valuation; cost-benefit analysis----
resourceacgo
Health Issues in Bataraza, Palawan

Skin lesions
suffered by a kid
from Sitio
Tagdalongon,
Brgy. Rio Tuba,
Bataraza,
Palawan
Health Issues relating to mining

SkinlesionssufferedbyresidentsofBrgy.RioTuba,Bataraza
 Health Issues associated with
Mining

SkinlesionssufferedbyresidentsofBrgy.RioTuba,Bataraza,Palawan
Fish Kill in Bataraza, Palawan
 Issues re Clean Air Act
Implementation and Enforcement
National Air Quality Action Plan (NAQAP)
Reporting and Monitoring
Emission testing
Clean Air Funds
Siga and RA 9003
Smoking and RA 9211 (Tobacco
Regulation Act)
 Issues re Toxic and Hazardous
Wastes (RA 6969)
Technology and Regulation
Ban Toxics: Thousands of new chemicals
are introduced every year with very little
knowledge or understanding of its use;
Planned Obsolescence
Lack of knowledge of toxins and e-wastes
Enforcement of obligations of waste
generators, waste transporters
Regulating the millions and millions of post-
consumer wastes effectively
 Toxicity of E-waste
Chemical/Element Where Used Toxicity
Lead Solder, CRT (3-8 lbs) Toxic to kidneys, and to nervous,
reproductive and endocrine systems.
Serious negative effects on childrens
brain development

Mercury Fluorescent Light Bulbs in Can cause brain damage (Neurotoxin)

LCD; switches kidneys, and developing fetus.
Cadmium Resistors, infrared Linked to lung damage, fragile bones,
detectors, kidney damage
semiconductors,
some CRTs
Plastics (Polyvinyl Casings; other parts PVC can form Dioxins when burned.
Chloride) Dioxins are highly cancer causing
substances
BFR (Brominated Flame Plastic Casing Possible endocrine disruptor
Retardants)
(Credit: Atty. Richard
 E-waste and Bio-diversity
Chemical/Element Toxicity in the Environment
Lead Lead accumulates in the environment and has high acute and chronic
effects on plants, animals and micro-organisms. Lead poisoning is primary
cause of death in cattle in parts of Canada; fatal to birds, etc.

Mercury Persistent and bioaccumulative. Can spread into water supplies and can
accumulate in living things and eventually travel up through the food chain.

Cadmium When cadmium enters the air, it binds to small particles. It falls to the
ground or water as rain or snow, and may contaminate fish, plants, and
animals.
Plastics (Polyvinyl Dioxins from burning of PVCs can contaminate soil and water and enter
Chloride) the food supply. Accumulates in the fat of fish and animals. Can be
passed through the breast milk of nursing mothers.
BFR (Brominated Found in breast milk of nursing mothers as well.
Flame Retardants)

(Credit: Atty. Richard Gutierrez)

 Issues re Clean Water Act
No extensive or comprehensive sewerage
system
Water Quality Management Area
Weak implementation
 Continuing Issues
Land and Resource Use Conflicts:
Development vs. Conservation
Forest Conversion
Development Goals and Plans
Mining in Watersheds, Natural Forests and
Protected Areas
Institutional Issues (jurisdictional overlaps)
Weak Enforcement (eg. Monitoring)
Lack of transparency and accountability
 Revisiting the Millenium
Development Goals
Goal 7 Ensure environmental
sustainability

Target 10 Implement national strategies

for sustainable development by 2005, to
reverse loss of environmental resources
by 2015
 5 major thrusts
1. Sustainable and more productive utilization of
natural resources
2. Focus and strengthen the protection of
vulnerable and ecologically fragile areas
3. Create healthier environment for the
population
4. Mitigate the occurrence of natural disasters to
prevent loss of lives and properties
5. Ensure environmental accountability for all
industries
 Vegetation Map, Protected
Areas and Mining
Applications

Conservation International Maps

 MINERAL RESOURCES
Cover about 9 million hectares or
about 30% of total land area
<.5M are under exploitation or
development
8.5 or 94.4% of mineralized areas
have yet to be developed
27 mines in 1997 to 12 mines in
2004
 Development Plan
Revitalization of the mining sector is
being pursued through the National
Policy Agenda on Revitalizing Mining
in the Philippines and its Minerals
Action Plan (EO 270, 2004)
Encourage mineral exploration and
investments in mining
Develop 18-23 large scale mining
projects
 Development Plan
Mineral wealth estimated to have an
approximate value of US$800 billion to
one trillion US dollars
Expected to generate US$4-6 billion of
investments, US$5-7 billion of annual
foreign exchange and at least 240,000
jobs for the next six years
 Environmental Costs
Polluted water bodies
Mountain stripped of natural cover
Erosion
Loss of vegetation which can lead
to siltation, flooding, contaminated
air, water and land
Distant view of PGMC mine site; Photo by Conservation International
Narra Nickel Small Scale Mining
PGMC - 2005 siltation on communal dam,
river and farm lands
Intake dam of CISA Calategas
(June 2008 )
 Water Pollution
Affected coastal
area of
Colandorang Bay,
Balabac due to
abandoned and
unrehabilitated
copper mine

(Photo by Professor Patrick Regoniel)

Meeting the Challenges of
Climate Change
 Ondoy - Epic Rainfall, Epic Floods
Barely six
hours, 341
millimeters of
rain (13.38
inches) fell on
Metro-Manila.
Mega-city
turned into a
mega-mess.
(Lorenzo Tan,
WWF)
 Epic Rainfall, Epic Floods
Heaviest rainfall
Manila has ever
experienced in the
history of the Bureau,
far surpassing the
highest 24-hour
rainfall registered 42
years ago.
(Nathaniel Cruz, head
of the Philippine
weather bureau)
Epic Rainfall, Epic Floods
 What is Global Warming
Global warming refers to the
increase in the earths mean
temperature due to the so-called
enhanced greenhouse effect.
Global warming began in the 20th century
with the modern industrial age.
Causes of Global Warming

ENERGY USE
Fossil Fuel - Coal, Oil, Natural Gas
Causes of Global Warming

Deforestation Unsustainable
Transportation
 Man-Made Sources of Greenhouse Gas

Nitrous Oxide:

Bacterial Breakdown of Nitrogen in Soils and Oceans

Use of Nitrogen Fertilizer and Pesticides in Agriculture
Biomass Burning
Combustion Process Vehicles
Acid Production

Nitrous oxides

Credit: Dr. Rolu Encarnacion, PAGASA-DOST

carbon dioxide from the burning of
forests
Effect: Rise in Sea Level
consequences
RESULT SEA LEVEL RISE

A one meter rise in sea level is projected to affect 16

regions, 64 out of 81 provinces, at least 703 out of 1,610
municipalities, inundate almost 700 million square meters of
land, threaten 36,289 kilometers of coastline.

*****

Sea level rise can potentially displace and affect the

livelihood of at least 1.5 million Filipinos, destroy
infrastructure such as ports and piers,
and damage vital ecosystems such as beaches,
mangroves, estuaries and coral reefs.
PROVINCE OF SULU, ARMM - 1 Meter Sea Level Rise

Vulnerable Area:
7,972.83 hectares

Human settlement
and livelihood

Ports and piers

Pearl farm in
Marunggas island
PROVINCE OF PALAWAN, REGION 4B

Vulnerable Area:
6,428.16 hectares Diverse Ecosystems
beaches, coral reefs,
mangroves

Conservation efforts
World Heritage Sites

Tourism Hub

Culturally rich
Tagbanwa
ZAMBOANGA PENINSULA, REGION 9
Vulnerable Area:
at least
8,000 hectares

High Poverty Incidence

Effect: Occurrence of
Drought
Coral Bleaching
 El Nio Vulnerability Maps
Rice Corn

(Credit: Dr. Rolu Encarnacion, PAGASA-DOST)

Effect: Weather changes
Effect: Changes in Distribution of
Plants and Animals
Health Millions at Risk (Parry et al., 2001)

Impacts
 The Philippines is a CLIMATE HOTSPOT

LOW CAPACITY TO ADAPT

HIGH RATE OF VULNERABILITY

- Geographical features
- Low level of economic development
- High exposure (population density, human settlements, etc)
- Poor access and management of resources
RESULT EXTREME WEATHER EVENTS

6 out of 9 tragedies from 1991 to 2006 occurred at provinces

which are highly at risk to typhoons and variability in
precipitation. These provinces also have a high Poverty
Incidence Rating.

*****
As it is, provinces with high poverty incidence have a very
low capacity to adapt and cope; projected increase of
extreme weather events due to climate change will aggravate
socio-economic and environmental concerns of a province.
Landslide prone
regions
 HIGHLY SUSCEPTIBLE TO
FLOODINGS AND INUNDATIONS
Archipelago,
composed of 7,100
islands with low
lying areas
Highly susceptible
to sea level rise
Among longest
coastlines in the
world with 32,400
kms (susceptible
to storm surges)
(Credit: Dr. Rolu Encarnacion, PAGASA-DOST)
THREATEN FOOD SECURITY
Primarily Agricultural and Fishing Economy

(Credit: Dr. Rolu Encarnacion, PAGASA-DOST)

NationalFrameworkStrategyon CLIMATECHANGE
ClimateChange Increasingtemperatures
Changingrainfallpatterns
Sealevelrise
Extremeweatherevents

IMPACTSAND
VISION:
CLIMATEPROCESSDRIVERS
AclimateriskresilientPhilippineswith VULNERABILITY
Energy Ecosystems(RiverBasins,Coastal
Transport healthy,safe,prosperousandselfreliant &Marine,Biodiversity)
LandUseChange&Forestry Foodsecurity
Agriculture
communities,andthrivingandproductive Waterresources
Waste ecosystems Humanhealth
Infrastructure
Energy
SUSTAINABLE Humansociety
DEVELOPMENT SOCIETY ENVIRONMENT
Goal: To build the adaptive
capacity of communities and
increase the resilience of natural
ecosystems to climate change,
and optimize mitigation ECONOMY
opportunities towards
sustainable development.

Capacity Knowledge IECand Gender ResearchandDevelopment Multistakeholder

Financing Valuation Policy,Planningand
Development Management Advocacy Mainstreaming TechnologyTransfer Partnerships Mainstreaming
CROSSCUTTINGSTRATEGIES MEANSOFIMPLEMENTATION
 CLIMATECHANGEIMPACTSANDVULNERABILITIES
EcosystemsEnergyFoodWaterHealth
HumanSociety Infrastructure

Capacity
Development
ADAPTATION
Knowledge EnhancedVulnerabilityand
AdaptationAssessments
MITIGATION MultiStakeholder
Partnerships
Management EnergyEfficiency&Conservation
IntegratedEcosystemBased SustainableInfrastructure
Management RenewableEnergy Financing
IECandAdvocacy ClimateResponsiveAgriculture EnvironmentallySustainable
WaterGovernance&Management Transport Valuation
Researchand ClimateResponsiveHealthSector NationalREDD+Strategy
Development/ DisasterRiskReduction WasteManagement
ClimateProofingInfrastructure
Policy,Planning
Technology
and
Transfer
Mainstreaming
Gender
Mainstreaming
GOAL
Tobuildtheadaptivecapacityofcommunitiesand
CROSSCUTTING increasetheresilienceofnaturalecosystemsto MEANSOF
climatechange,andoptimizemitigationopportunities IMPLEMENTATION
towardssustainabledevelopment.
 Governance
More enabling policy environment
Building more accountable institutions
Better enforcement of laws
Participation of civil society in policy
making, decision making and
development planning
Access to government resources
Sustain Advocacy towards Implementation
and Policy Reform

Environmental Justice

Polluter Pays Principle

Precautionary Principle

Externalization/Internalization of Costs

(Slide Credit: Atty. Richard Gutierrez, Ban

Toxics)
 Environmental Justice
Fair treatment and meaningful
involvement of all people regardless of
race, color, national origin, or income with
respect to the development,
implementation, and enforcement of
environmental laws, regulations, and
policies. (PEJC, et al., vs. DENR, et al.,
quoting EPA, Interim Guidance on Considering
Environmental Justice during the Development
of an Action, July 2, 2010)
 Environmental Justice is a
continuing concern!

Only when the last tree has died,

the last river has been poisoned
and the last fish has been caught,
only then will man realize that money cannot be eaten
--- from a native Indian (photo credit: CI)