Marcelo Navata 2018-00311 Philo 199 Chapter 1-3

Title: The Ethical Viability of the construction of the Kaliwa Dam Project of the
Metropolitan Waterworks and Sewerage System

Chapter 1: THE PROBLEM AND ITS BACKGROUND

A. Introduction about the topic:

A dam, as a barrier or structure across a stream, river or waterway is very
important as it confines and controls the flow of water which is necessary for agriculture
and additional water supply in communities. Dams vary in size from small earth
embankments, often for farm use, to high massive concrete structures generally used for
water supply, hydropower and irrigation. The purpose of a dam is to impound (store)
water, wastewater or liquid borne materials for any of several reasons, such as flood
control, human water supply, irrigation, livestock water supply, energy generation,
containment of mine tailings, recreation, or pollution control. Many dams fulfill a
combination of the above functions (https://damsafety.org/dams101, 2021). The
Philippines has a total of 15 large dams in operation (https://www.hydropower-
dams.com/news/philippines-country-report/, 2019). To name a few is the San Roque Dam
situated in San Manuel, Pangasinan; Caliraya Dam situated in Lumban, Laguna; and the
Angat Dam situated in Nozagaray, Bulacan, among others.
The proposal for the construction of the Kaliwa Dam dates back to the time of
Ferdinand Marcos, although the project originally aimed to build a bigger dam along the
Kaliwa River called the Laiban Dam (https://www.spot.ph/newsfeatures/the-latest-news-
features/77261/kaliwa-dam-timeline-a2748-20190314, 2019). In response, Marcos sent
in troops and arrested protesters en masse without warrants. This only made the situation
worse when an indigenous group leader was killed in 1980, resulting in even greater social
mobilization and leading the World Bank and Marcos himself to accede to their
demands. Because of these reported incidents, the multilateral agencies (i.e., World Bank,
Asian Development Bank) who were supposed to fund several projects decided to abandon
the construction of dams, which involve the Kaliwa dam (Camba, 2021).
 In 1970s, it has been projected by the government that the water being supplied by
the Angat Dam in Bulacan will not be able to sustain the needs of the people in Metro
Manila because of its increasing population density. Angat Dam is the main water reservoir
that supports Metro Manila but the dam also needs to provide irrigation for at least 28,000
hectares of agricultural land in the Northern Region of Luzon (2021). In the past couple of
years, especially during the summer season, the Angat Dam always reach the critical level
of water supply that results to a lot of water service interruption in Metro Manila. In 2014,
the Aquino administration, through the Public Private Partnership model, approved the
construction of the Kaliwa Dam to augment and provide adequate supply of water to Metro
Manila. However, due to the strong opposition of the indigenous tribes and
environmentalists groups, the construction of the dam has been deferred (Atienza &
Cahiles-Magkilat, 2019).

The current administration of President Duterte exhibits the power of the

government due to its robust decision making and influence to the progress of the
construction of Kaliwa dam. In 2017, the National Economic Development Authority
(NEDA) Board changed the financing of the Kaliwa Dam from the PPP model (USD 370-
million) to ODA financing (USD 214-million) (Miraflor, 2019). Japan also made a bid to
construct the dam with a lower interest of 1.25%, compared to the Chinese deal with an
interest rate of 2%, but the government still chose the latter (Estrada, 2021). Despite the
several protest of environmentalist groups against the construction of the Kaliwa dam, a
significant progress can be observed in terms of the documents that needs to be secured
within the bureaucracy before the construction of the dam. The Department of
Environment and Natural Resources (DENR) already issued the Environmental Compliance
Certificate to the Kaliwa dam project in October 2019. The project team already conducted
six (6) out of seven (7) IP Community Assemblies for the indigenous tribes of Dumagats
and Remontados (MWSS, 2019) in order to secure a Free, Prior and Informed Consent.
However, five of the assembly already rejected the construction of the project (Conde,
2019). The Indigenous Peoples’ Rights Act of the Philippines stipulated that a free, prior
and informed consent (FPIC) should be established and secured in consultation with the
indigenous peoples and cultural communities of the affected area prior the implementation
of a development project in their ancestral land (R.A. 8371, 1997).

B. Background of the Study:

The Duterte administration is planning to revive the Kaliwa Dam Project in Infanta,
Quezon, which is expected to meet the increasing water demand of the people in Metro
Manila, Rizal and Quezon (17.46M people o 3.49M household) and to reduce total
dependence on the Angat Dam. It is expected to be built at 2022 along the Kaliwa River
within the jurisdiction of Barangay Pagsangahan, General Nakar municipality, and
Barangay Magsaysay, Infanta municipality, both in Quezon Province
(https://mwss.gov.ph/projects/new-centennial-water-source-kaliwa-dam-
project/frequently-asked-questions/, n.d.). However, there are reported issues that the
revival of the dam is detrimental to the environment and affects the socio-economic life of
the indigenous people along the area. This is not mention the added risks associated with
its construction.

The proponents claim that the dam is intended as a medium-term solution to Metro
Manila’s water security, supplementing the Angat Dam, which provides most of the city’s
water (https://www.bworldonline.com/initial-work-for-kaliwa-dam-cleared/, 2019).
Lamentably, there were reports that the Kaliwa Dam allegedly violates legal processes and
would displace thousands of indigenous peoples. The report said that it causes long-term
irreversible environmental damage to the Sierra Madre and its biodiversity, and initiates a
loan from China whose terms are onerous and unnecessary (https://haribon.org.ph/stop-
kaliwa-dam/, 2019).

The history of the Kaliwa Dam can be traced back in 1967 during the time of
President Marcos but it was abandoned because of active opposition from several
indigenous leaders and indigenous peoples during those times. In 2014, the Aquino
administration, through the Public-Private Partnership model, approved the construction
of the Kaliwa Dam to augment and provide adequate supply of water to Metro Manila.
However, due to the strong opposition of the indigenous tribes and environmentalist
groups, the construction of the dam has been deferred (Camba, 2021). In 2019, under
the administration of President Rodrigo Duterte, the government revealed that it would
continue with the project, through an Official Development Assistance loan from China, as
an alternate source to maintain water security in Metro Manila and nearby areas.
(https://cnnphilippines.com/news/2019/3/18/China-Kaliwa-Dam-water-supply1.html,
2019).

It is on this note that the researcher will try to assess the ethical viability of the
construction of the Kaliwa Dam through the selected stakeholders using the following
indicators: informed consent, voluntary participation and do no harm to the environment
and the community.

C. Theoretical Framework:
  This chapter presents the research framework, key stakeholders and the study
statement of the policy issues and problems.
a. Research Framework
This study follows the Almace model (2015) of public policy which is a cyclical
political process interpreting various analytical components of the policy making process
where the black box of policies stands as the central decisive force. This cyclical process
follows different stages: policy demand, policy choices, policy deliberation, policy adoption,
policy outcome and the final stage which is the policy impact.

Figure 1. Policy Making Process for the Thesis Recommendation

Key Stakeholders in the Study

The key stakeholders of the study are categorized as follows:
 
 A. Religious Sector
B. Education Sector
C. Community Resident Sector

D. Statement of the Problem:

With the help of the selected stakeholders as expert validators, and assistance from a
research adviser, the study is intended to answer the following questions:
1. What are the ethical viabilities of to be considered in the construction of the Kaliwa
Dam?
2. To what extent does the Kaliwa Dam Project is instrumental in augmenting the
increasing water demand of the people in Metro Manila, Rizal and Quezon?
3. What are the inherent issues, problems and challenges being faced by the Kaliwa
Dam Project?
4. Do the projected benefits of the Kaliwa Dam Project outweigh its construction cost?
5. What recommendations may be formulated to address the lack of water supply to
the subject-areas should the Kaliwa Dam Project will not push through?

E. Objectives of the Study:

1. To know the objective behind the construction of the Kaliwa Dam Project;
2. To understand the legal provisions about the construction of the Dam and its
inherent issues and challenges;
3. To have a clear understanding of the ethical viability of the construction of the
Kaliwa Dam Project.
4. To identify the arguments of those in favor and against the construction of the
Kaliwa Dam Project.

F. Significance of the Study:

The significance of the study can be categorized as follows:

A. As Administrative Function
 a. To assist in decision-making on the best course of action to take among
available alternatives based on the values of economy, efficiency, and
effectiveness.
b. To evaluate the ongoing project and determine whether it is carried out
according to the provisions of the law.
c. To recommend solutions to the encountered problems in the project
implementation in order to improve services.
B. As Policy Advocacy
a. To influence decision-makers to enact particular measures according to the
principles of informed consent, principles of voluntary participation, public
accountability and social responsibility.
b. To challenge existing policies and/or present alternatives.
c. To recommend policy that can address perceived problems.
C. As Scholarly Study
b. To look into the provisions of the law regarding the legal processes of the
Kaliwa Dam Project in line with the socially agreed upon reviews and
historical experiences and current realities.
c. To construct a critical framework of understanding on the construction of the
Kaliwa Dam Project and draw out project alternatives to enrich discourses.
This study is specifically significant to the following stakeholders:
F. Legislators
This research is very significant to legislators in order for them to craft a more
responsive project in addressing the increasing water demand of Manila, Rizal, and
Quezon.
G. Religious Leaders
This research will significantly contribute to the religious organizations because it
will increase their moral decency and strengthen their morale influence towards the
populace in their involvement on the well-being of the community.
H. Educators
The research will inspire educators to have a better understanding about the
inherent ethical challenges, issues and problems on the subject matter. It is assumed that
their understanding will increase their efforts on helping the community to support or not
support the project.
I. Affected Community Residents
This research will enable them to understand the ethical viability of the project. This
research will also guide them to be more responsive on the project.
J. Readers
Readers of this research will have an awareness on the reality of the Kaliwa Dam
Project on ethical issues regarding its construction.
K. Researcher
This research can be a baseline study for another research on the subject matter.

G. Scope and Limitations of the Study:

  The setting of the study is to be conducted at Barangay Pagsangahan, General Nakar,
Quezon, and Barangay Magsaysay, Infanta, Quezon. The respondents will be composed of
three (3) groups. These are the religious sector, the education sector and the community
resident sector.

H. Operational Definition of Terms

Ethics – as used in this study, refers to a well-based standards of right and wrong
that prescribe what humans ought to do, usually in terms of duties, principles,
specific virtues, or benefits to society.
Stakeholders – as used in this study, refers to the people who can affect or can be
affected to by the project.
Ethical viability – as used in this study, refers to the assessment of selected
stakeholders using the indicators of informed consent, voluntary participation and
do no harm to the environment and the community.
Chapter 2: REVIEW OF RELATED LITERATURE AND STUDIES

This part contains a review of related literature and studies that the researcher will
use in the completion of this paper. It includes data coming from various sources like
books, articles and other reliable sources on the internet relative to the study.

A. Related Literature

Article 3 of the 1987 Philippine Constitution states, among others, that no person shall be
deprived of life, liberty, or property without due process of law, nor shall any person be
denied the equal protection of the laws
(https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-
of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-iii/,
n.d.).

Further, in philosophy, ethical behavior is that which is “good”. The field of ethics or moral
philosophy involves developing, defending, and recommending concepts of right and
wrong behavior. These concepts do not change as one’s desires and motivations change.
They are not relative to the situation. They are immutable. (www.ethicssage.com 2010).

Jackson (2007) said that being ethical is not the same as following the law. While ethical
people always try to be law-abiding, there may be instances where your sense of ethics tells
you it is best not to follow the law. These situations are rare and should be based on sound
ethical reasons.

Zimbardo (2008), well-meaning people can behave uncharacteristically when placed in an

unusual and stressful environment.

Park (2001) states that it whilst tropical forests cover only around 6% of the earth's
surface, they are an essential part of the global ecosystem and of the biosphere: they help to
regulate climate; they protect soils from erosion; and they provide habitats for a vast
number of plant and animal species. One estimate suggests that around 90% of the world's
species are found in tropical forests.

Many plant and animal species are threatened with extinction, due to the spread of disease,
the destruction and degradation of their habitats, and direct exploitation. In 1999, UNEP
(1999) estimated that one-quarter of the world's mammal species and around one-tenth of
the world's bird species faced a significant risk of total extinction. Threats to biodiversity
are not confined to terrestrial ecosystems; serious concerns have been raised about the
future of marine and coastal wildlife species as a result of the pollution, over-exploitation
and acidification of ocean and seas.

Al Gore (2008) stated climate crisis is not a political issue; it's a moral issue. He stated that
people have everything they need to get started, with the possible exception of the will to
act.

From a deontological or nonconsequentialist perspective, the Philippine government has

certain absolute duties that must be respected. First described by Samuel von Pufendorf in
the 17th century, they are, “avoid wronging others, treat people as equals, and promote the
good of others (Pufendorf & Tully & Silverthorne, 1991)”. These duties imply certain
corollaries, namely, the rights of the affected people. First espoused by John Locke in the
17th century, they include the right to “life, health, liberty or possessions (Ashcraft, 2009)”.
Immanuel Kant, following Locke’s teaching, condensed the concept further by introducing
the categorical imperative, viz.,” Treat people as an end, and never as a means to an end”
(Paton, 1971). In other words, people must always be treated with dignity. As such, the
construction of the dam violates the “Rights Theory”, where there is a moral obligation to
respect the rights all persons affected. By extension, that includes not only the human
population, but the wildlife and environment as well

In contrast, utilitarian ethics, where the consequences of one’s actions are the critical
determinant, the proper action in a given situation is the one producing the greatest
amount of utility (or happiness). With the goal of quantifying the happiness produced in
any given situation, Jeremy Bentham devised the Hedonistic Calculus (Bentham, 1996).
Ostensibly, the Calculus can reveal to what degree an action is justified, based on the
degree of happiness produced.

Thomas Aquinas is credited with introducing the principle of double effect in his discussion
of the permissibility of self-defense in the Summa Theologica (II-II, Qu. 64, Art.7). According
to New Catholic Encyclopedia (2003), these principles refer to actions in which a good
effect and a bad effect will follow, and stipulates four conditions that must be satisfied for
the action to be morally justifiable. These conditions are:

1. The act itself must be morally good or at least indifferent.

2. The agent may not positively will the bad effect but may merely permit it. If he could
attain the good effect without the bad effect, he should do so. The bad effect is
sometimes said to be indirectly voluntary.
3. The good effect must flow from the action at least as immediately (in the order of
causality, though not necessarily in the order of time) as the bad effect. In other
words, the good effect must be produced directly by the action, not by the bad effect.
Otherwise, the agent would be using a bad means to a good end, which is never
allowed.
4. The good effect must be sufficiently desirable to compensate for the allowing of the
bad effect.

B. Related Studies:

Stigma affects convicted offenders. This research considers informal sanctioning as an

effective means for reducing crime. In this study, Funk (2004) first shows that increasing
stigma may even enhance crime. Secondly, the author offers a solution to guarantee
stigma’s effectiveness: harsh(er) punishment for repeat offenders is required.

In this article, Peelo (2006) identifies ways in which newspapers invite readers to identify
with victims and victimhood as a route to engaging them in “human interest” stories; the
reader is placed as witness. The author raises questions about the functions of public
narratives, particularly in expressing public or social emotion, in an era in which public
responses to crimes are part of a highly politicized crime agenda.

Although numerous studies have attempted to understand the causes of various forms of
police misconduct, there is still no clear theoretical explanation of police misbehavior.
According to Aker’s social learning theory, peer associations, attitudes, reinforcement, and
modeling are predictors of delinquency and crime in general (Chappell & Piquero, 2004).
A 1992 study, Urban Development Sector Review, noted that the hodge-podge of urban
related projects by both government and the private sector is brought about by the absence
of a national urbanization strategy.

The researchers pointed out: “In their efforts to attract investors, many cities and
municipalities resort to spot-zoning and special approvals.”

The said study noted that policies do not reflect an understanding of the role of cities in
national economic development and often, programs and projects for urban development
are poorly coordinated.

Many agencies are involved in and responsible for urban development and the private
sector plays a very limited role. Policy makers fail to take into consideration critical
environmental repercussions of projects that they champion.

The study also said that laws governing land, land use and land conversion have conflicting
provisions which may have an unfavorable impact on urban development. Thus it said:
“Urbanization in the Philippines has never been deliberately guided by public policy. The
pattern of urbanization remains a by-product of sectoral policies that do not directly consider
the causes of rapid urban growth nor does not deal collectively with its economic, social and
physical implications. The scattered policies in the National Development Plan which address
urban development matters have rarely been interpreted and implemented consistently.”

The Local Government Code of 1991 (RA 7160) devolved to local government units the
administration of five (5) basic services heretofore conducted by the National Government
– health, agriculture, maintenance of public works and highways, social welfare and
environment protection.

Various line agencies such as the Department of Public Works and Highways implement
urban-related programs and projects at the national level. Local government units
formulate local policies pertaining to urban development and are responsible for
implementing local programs and projects.

Ma. Concepcion A. Alfiler (2013) cited that there has been a serious concern for increasing
the administrative capability of administrative systems in developing nations like the
Philippines. This concern is based on the argument that for these nations to make optimum
use of their limited resources vis-à -vis the numerous claims made upon them, must be
capable and has competent mechanism which can convert the resource inputs into goods
and services efficiently and effectively.

Alfiler noted that the magic of efficiency as the sole basis for evaluating the performance of
management systems has rubbed off over the years. She identified two main variables as
crucial criteria for evaluating the performance of administrative capabilities: the system’s
effectiveness, which focuses on the organization’s impact on the public and society at large;
and the efficacy, its responsiveness to public needs.

The regency of this concern for environmental linkages was aptly described in the article
which said, “…of more recent vintage are the concerns express with linkages, how
bureaucracy has an impact on its environment. This concern is often focused on “delivery
systems” and on the bureaucracy’s interface with its environment. Finally, there is some
reoccupation now in the field of public administration with feedbacks how bureaucracy can,
through participating and other means become more responsive to public need.”

Gabriela U. Iglesias (2003) cited a study made by Romeo B. Acampo and Luzmivida
Tantangco which revealed that the participation of the community tend to improve
technical decisions, reduce costs, meet problems of coordination and make them more
interested, committed and prepared to own, operate and maintain a system. He
emphasized that strong involvement of the beneficiaries in various phases of project life
expands their understanding and provides strong motivations for participations.

According to Iglesias (2003), the most suitable of development is one that views it “as a
process which leads to a rise in the capacity of people to control their environment
accompanied by wider distribution of benefits resulting from such a control.” This definition
not only posits the people at center stage in development process but also focuses on their
capability to influence their own environment and their share in the fruits of development.
He stresses the promotion and development of community organizations which shall
constitute a useful mechanism for drawing citizen participation because of advantages in
the following aspects: a) mobilizing local resources, b) facilitation the collection of
information needed to adopt programs to local conditions, c) facilitation social change, and
d) helping sustain demand for delivery of services. According to Iglesias, the active
involvement and participation of organized members of the community, particularly the
target beneficiaries of local government programs and projects, have however been used as
the overriding rationale for consigning the fate of the community’s organizations to that of
“a tool or technique for achieving desired socio-economic changes (and) …as entry point in
introducing a new project to the people.”

A great number of cases show that concerted action and community organization remains
one of the more effective channels through which beneficiaries and community can
influence the formulation, implementation and evaluation of government programs,
projects and services (Maddison 2012).

Former Puerto Princesa Mayor Edward Hagedorn said that since the implementation of
their clean and green programs, there had reportedly been an increase in tourist arrivals
and the city has become a favorite site of national conferences, conventions, and sporting
events. The mayor who first assumed his post in 1992 said that hundreds of thousands of
foreign and local tourists now come over to have a quality tourism experience and recalls
how airline flights back in his days as a neophyte chief executive numbered only three (3) a
week – far from the present number of one hundred twenty three (123) flights a week,
excluding international flights. The mayor expects a growth in tourism arrivals of 1.3
million in 2016 while focusing on the Community-Based Sustainable Tourism (CBST)
projects designed to enrich the lives of local residents (Manila Bulletin November 27,
2012).

Hagedorn further said that the biggest factor that made the program successful is the
people’s cooperation. Success in government program, he said, does not hinge more on
monetary or penal considerations but on volunteerism and sense of ownership by the
constituents. He said that he found out that the community mind getting their pockets
punctured less that they mind getting their pride pricked. Pride in a clean community-pride
as a people who take cleanliness seriously, who make cleanliness a way of life.
Hagedorn claimed that the education and involvement of the young-especially elementary
and high school students in the endeavor is a big boost to its success not to mention the
pioneering support of the city council as well as the involvement and commitment of most
sectors of his constituency like NGOs, government agencies, the church and the mass
media.

Galang, Jose Ping, Jr. (2017), in his Editor’s Note, mentioned about the report prepared by
Global Entrepreneurship Monitor (GEM), a research study that looks into levels of
entrepreneurial activity in 42 countries, which concluded that the political, legal and
cultural environments impacts on entrepreneur’s activity and on their ability to contribute
to a country’s economic development (Entrepreneur January-February issue).

Priscilla A. Arias, a broadsheet columnist, went further when she said that some business
lobby groups in the Philippines believe that by investing in society and improving the
environment, firms can save money and boost productivity while improving their image
(Manila Bulletin: Big Business: Anathema to Sustainable Development July 9, 2002).

Sales (2019) said that one of the pillars of the United Nation’s Earth Summit of 1992
remarked that sustainable development is anchored on the premise that it is not just an
option but an imperative both on environmental and economic terms.

Galvez, James Constantin (2013) reported in his column that the Philippines, through the
DENR, is currently pushing for sustainable development through effective environmental
planning, sound environment conservation and protection measures and the LGUs must do
their part (The Manila Times February 25, 2003).
Chapter 3: Methodology
 
A. Data Gathering Procedure
Analyzing the data in a qualitative research essentially involves analyzing and synthesizing
the information the researcher obtains from the various sources mentioned in the Research
Design. Being a qualitative research, data analysis will rely heavily on descriptions
gathered using the Stakeholder Perception Analysis and Documentary Analysis.
 
1. Stakeholder Analysis
Stakeholder Analysis is a research valuable in ascertaining the key or important
players that may contribute to the success or failure of a policy or plan. It also validates the
intensity of actual and potential support for or indifference to opposition against specific
policies or plans by the key players, thereby providing some valid sense of how to deal with
them in the playing field.
The Stakeholder Perception Analysis can assist in discovering the range in
perceptions of the different stakeholders regarding the problem situation and identify
conflicting and shared perceptions of the research problem on hand.
 
The steps for the Stakeholders Perception Analysis were as follows:
 
1.1 Address the following questions:
a. How do the stakeholders perceive the problem situation?
b. What do the stakeholders see as promising ways to deal with the problem situation?
1.2 Identify conflicting ideas and shared views on the research problem.

Once information is available concerning the different situation, the information was
organized to compare and contrast different perceptions by pairing the different interest
groups.
The researcher used Stakeholder Analysis as a tool to gather data. The researcher
used this process in identifying the individuals or groups that are likely to affect or be
affected by this project, and sorting them according to their impact on the action it will
have on them. Stakeholders such as the religious sector, education sector and the
community resident sector are those people who have significant influence upon or
importance within an organization. The interest on the project must be assessed and
addressed on the Kaliwa Dam construction.
 
2. Documentary/Content Analysis
Data generation involves the collection of primary and secondary data through
document, report, and personal observation of the researcher as well as interview with
informants using prepared instruments. The data were reviewed and analyzed.
The documentary analysis was undertaken where a systematic researching,
arranging and interpreting of accumulated data was used to determine its relevance to the
study (Bogdan and Biklen, 2012).
Also, the researcher used a documentary analysis to analyzed various data and
interpretation of data generated from the examination of documents and records relevant
to the study. It also involves a lot of documentary work such as reading of book and
internet to use for qualitative analysis.
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article-iii/.

Angat Dam. NIA. (2021). Retrieved November 1, 2021, from

https://bob.nia.gov.ph/Viewer/Angat.

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