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MEMORANDUM FOR THE SECRETARY

THROUGH : THE UNDERSECRETARY/CHIEF OF STAFF

FROM : THE REGIONAL EXECUTIVE DIRECTOR

SUBJECT : SEEKING GUIDANCE ON THE AREA CLEARANCE

APPLICATION OF THE LOCAL GOVERNMENT UNIT OF
THE CITY OF PASAY (LGU-PASAY) FOR PASAY HARBOR
CITY PROJECT CONTAINING AN AREA OF TWO HUNDRED
SIXTY FIVE (265) HECTARES

DATE :

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This pertains to the Area Clearance application of the LGU-PASAY, through Mayor
Antonino G. Calixtro for Pasay Harbor City Project (Project), dated 24 August 2018, which
was received by our Office on October 12, 2018, which went through the process (sans
endorsement) in accordance with Department Administrative Order 2018-14 (DAO-2018-14)
or the Guidelines On The Issuance of Area Clearance for Reclamation Projects and
Proclamation/Special Patents over Reclaimed Lands.

Relative thereto, this Office determined that the area of the Project is prequalified for
reclamation after taking into consideration the issuance of the Environmental Compliance
Certificate (ECC) with reference no. ECC-CO-1807-0015

The applicant was also able to substantially comply with the documentary
requirements as provided in DAO 2018-14, however there are several agencies that issued
their respective Letter of No Objection (LONO) with corresponding conditions, as follows:

 Philippine Ports Authority (PPA) –

a) The project should neither obstruct anchorage operations in the Manila Bay
nor block the entrance navigational channels, fairways, and berths of South
Harbor; and
b) The port components of the proposed reclamation project, if any, shall be
subject to the written consent of the Authority and the detailed feasibility study
and plans shall be submitted for approval prior to implementation.

National Ecology Center, East Avenue, Diliman, Quezon City

Telephone Nos. (632)373-3433 / (632)374-0106 / Trunkline: (632)755-3330 loc. 3215, 3212, 3206
Website: www.ncr.denr.gov.ph
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 Bureau of Fisheries and Aquatic Resources (BFAR) –

a) Submission of the Pasay City comprehensive sea use plan or coastal resources
management plan;
b) Provision of the Pasay City marine spatial plan;
c) Environmental Assessment Study that will show that minimal or no negative
impact on the nursery grounds and fisheries spawning on the eastern side of
Manila Bay;
d) Mitigation study; and
e) Provision of financial package for affected fisher folk to make up for their loss
of livelihood.

 Department of Information and Communications Technology (DICT) –

That they be included in the negotiation for the laying of ducts and subducts for
the installation of optic fiber cables.

On the part of National Historical Commission of the Philippines (NHCP) by

virtue of R.A. 100861, NHCP has specific jurisdiction, management, maintenance and
administration over sites or structures that are declared as National Historical Landmarks
(NHL). The Manila Bay and its waterfront are declared as a NHL through NHCP Resolution
No. 19 dated October 19, 2012,2 “Declaring the Manila Bay and Waterfront from Del Pan
Bridge to the Cultural Center of the Philippines a National Historical Landmark”, and
extended by Resolution No. 1 dated January 29, 2018, “Extending the Scope of Resolution
No. 19, s. 2012, to include the Waters of Manila Bay from the Shoreline to the Horizon,”. It is
further stated that it is imperative to preserve the remaining waterfront of Manila Bay as the
sacred ground of our country’s long and rich history.

On 26 November 2018, the NHCP through its Chairman Dr. Rene R. Escalante sent a
letter addressed to the undersigned, which stated in part that “Before issuing any letter
interposing no objection to reclamation developments along the shoreline of Manila Bay
from Del Pan Bridge to the Cultural Center of the Philippines Complex, the NHCP awaits
the finalized master reclamation plan from the Philippine Reclamation Authority to enable
the NCCA-NM-NHCP-DPWH-TWC to assess the extent of development as a whole.”

In relation thereto, on 19 November 2019, the City of Pasay, through Mayor Antonino
G. Calixto, submitted an undertaking to comply with the proper exercise of jurisdiction by the
NHCP over the project pursuant to existing laws and regulations.

This Office is on its final stage of the process of evaluating the subject application,
however, in view of the following development/issuances:

 The Manila Bay Rehabilitation Project

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Section 5 and Section 7 (d) & (e) of R.A. 10086
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NHCP Resolution No. 19 dated October 19, 2012

National Ecology Center, East Avenue, Diliman, Quezon City

Telephone Nos. (632)373-3433 / (632)374-0106 / Trunkline: (632)755-3330 loc. 3215, 3212, 3206
Website: www.ncr.denr.gov.ph
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 Executive Order No. 74 – Repealing Executive Order (EO) No. 798 (S.
2009) and EO No. 146 (S. 2013), transferring the Philippine Reclamation
Authority (PRA) to the Office of the President (OP), Delegating to the PRA
Governing Board the Power of the President to Approve Reclamation Projects,
and for Other Purposes;

 Formulation of the Manila Bay Sustainable Development Master Plan

(MBSDMP) by the National Economic Development Authority (NEDA);

 The Manila Bay and its waterfront are declared as a National Historical
Landmark through NHCP Resolution No. 19 dated October 19, 2012.

 Writ of Continuing Mandamus - The Supreme Court in the case of Metro

Manila Development Authority v. Concerned Residents of Manila Bay, G.R.
Nos. 171947-48, December 18, 2008, rendered a decision ordering 13
government agencies, including the DENR to clean up, rehabilitate and
preserve Manila Bay and restore and maintain to SB level to make it fit for
swimming, skin-diving and other forms of contact recreation.

 Conditions as reflected in the Letters of No Objection of some government

agencies.

We deemed appropriate to seek guidance on how we would proceed in consideration

of the above-mentioned.

For the Secretary’s information and consideration.

JACQUELINE A. CAANCAN, CESO

V

National Ecology Center, East Avenue, Diliman, Quezon City

Telephone Nos. (632)373-3433 / (632)374-0106 / Trunkline: (632)755-3330 loc. 3215, 3212, 3206
Website: www.ncr.denr.gov.ph