intergenerational responsibility

Privilege Speech of Representative Linabelle Ruth R. Villarica House of Representatives Plenary Hall; 15 August 2011 Mr. Speaker, Esteemed Colleagues:

uwing

unang

linggo

ng

buwan

ng

Agosto

ay

ipinagdiriwang natin ang Linggo ng Wika. Marapatin na nating alalahanin na ang pinagmulan ng salitang

Tagalog ay taga-ilog tagalog. We belong to the river our identity tied to it by something as functional and integral to us as the language we speak. As we speak, so we live. Our countrys history is tied up with our rivers. A copperplate inscription dated 900 A.D. found in the river of Lumban in Laguna showed a business transaction by early Filipinos and mentions among others, the island of Binuangan, that has, apparently, retained its pre-Hispanic name congressional district.
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and is

now a barangay in the municipality of Obando, a part of my Of course, some of our childhood memories are tied to the river. My staff who are only in their 30s have fond memories of crossing over the Prenza dam in Marilao on their way to school. Tinutulay daw nila yunna hindi sila natitisod ng basura at hindi sila nagkakahadhad o alipunga kapag natampisaw ang kanilang mga paa sa malinaw na tubig. Ipinagmamalaki ng aking asawa na doon daw sa ilog Marilao sila natutong lumangoy ng kaniyang mga kababata. Ang aking
Corpuz, Jaime Salvador. Calendario Bulakeo: 900 AD-2007. National Commission for Culture and the Arts: 2009.
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matalik na kaibigan at ang kanyang mga kapatid ay naitaguyod ng kanilang ama sa kolehiyo samantalang itoy isang hamak na tagapangasiwa ng isa lamang sa mga dati'y masasaganang palaisdaan noon sa may ilog ng Meycauayan. These are just some of the stories that give life to what was once the MarilaoMeycauayan-Obando River System.

Section 16, Article II of the 1987 Constitution states: 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. This is the right to a balanced and healthful ecology.2

The right is of a different class because it is concerned with self-preservation and self-perpetuation, the advancement of which may be said to predate all governments and constitutions.3 Consequently, it carries the obligation not to impair the environment and burdens the present generation to preserve, if not improve, the environment for the sake of the next.4 Simply put, the right carries the moral duty of intergenerational responsibility.5 In 1993, the Supreme Court impressed intergenerational responsibility with respect to timber licenses.6 Eighteen (18) years later, I now invoke intergenerational responsibility for the
2 3 4 5 6

Oposa et al. v Factoran, GR No. 101083 (30 July 1993) Ibid. Ibid. Ibid. Ibid.

Marilao-Meycauayan-Obando River System (MMORS) which traverses the cities of Caloocan, Valenzuela, Malabon, San Jose Del Monte, and Meycauayan and the towns of Marilao, Obando and Sta. Maria7 and eventually empties into Manila Bay.8 The importance of rivers cannot be overemphasized. Aside from providing drinking water and food,9 they are also a source of irrigation for agriculture as well a means of transportation and even hydro-electric power.10 A community may also benefit from it by making the river its tourism hot spot.11 What we have now is a pollution hotspot that sears our collective conscience with shame. Over the years, the river system has received far more than its carrying capacity especially Marilao River. It gained notoriety when the New Yorkbased environmental watchdog, Blacksmith Institute, included it as part of its list of The Worlds Worst Polluted Places for 2007.12 A website listed it as one of the Ten Ugly Rivers in the World13 and the DENR identified it as one of the countrys 50 dead rivers due to heavy pollution.14 The non-existence of wastewater treatment facilities and domestic pollution were among those identified by the Environmental Management Bureau of Region Three (EMB
http://thegreenmilesrun.ph/2010/01/where-is-marilao-river/ Healthy River, Healthy People. MMORS Project Primer 9 http://golearngeo.wordpress.com/2010/05/13/the-importance-of-rivers/ 10 Ibid. 11 http://answers.yahoo.com/question/index?qid=20070609223814AADCtc0 12 http://thegreenmilesrun.ph/2010/01/where-is-marilao-river/ 13 http://zuzutop.com/tag/marilao-river/ 14 http://www.greenpeace.org/seasia/en/press/releases/greenpeace-water-patrol-marilao
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Region 3) as the problems of the river system.15 According to the findings of the Blacksmith Institute, wastes from numerous municipal dumpsites as well as industrial wastes from tanneries, gold and precious metals refineries were being dumped into the MMORS.16 It is therefore not surprising that the EMB Region 3 have found chromium, lead, cadmium, copper, cyanide and mercury within the river beds mixed with the sediments.17 Some of these metals also appear on surface water.18 Mercury is highly toxic and bioaccumulative which means it builds up in the tissues over the years due to the consumption of mercury-tainted aquatic products.19 Cancer, kidney and liver damage, intellectual impairment as well as allergies are only some of the health risks associated with these metals.20 The MMORS has been designated as a Water Quality Management Area (WQMA) by the DENR in 2008 and its Governing Board21 has already been created to rehabilitate the river system. Accordingly, several steps have been taken to pursue the same, foremost of which was the preparation of a Ten-Year Rehabilitation Plan that would cost 10.2 Billion Pesos and this is just to bring the river system to a Class C water or one intended for the propagation and growth of fish and other

Ten-Year Rehabilitation Plan for MMORS http://newsinfo.inquirer.net/breakingnews/regions/view/20070917-89091/Meycauayan %2C_Marilao_in_world%92s_%91Dirty_30%92--_report 17 PowerPoint Presentation of the EMB R3 on the Rehabilitation of the MMORS 18 Ibid. 19 http://www.epa.gov/mercury/effects.htm 20 http://www.greenpeace.org/seasia/en/press/releases/greenpeace-water-patrol-marilao 21 DENR Department Administrative Order No. 7 Series of 2008 (Section 5, RA 9275, Clean Water Act)
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aquatic resources. Additional funding is necessary to bring it to a Class A water or one intended as a source of water supply. It is good to note that the initial actions of the Board, the local government units and other stakeholders, which include clean-up activities, closure of open dumpsites and water monitoring,22 have already produced some significant results. Recent efforts include the Greenline Hotline project initiated by the Province, or the equivalent of a 911 emergency network for the environment, wherein citizens can call to report dumping of wastes. EMB Region 3 has also closed down 14 tanneries in Meycauayan City and spearheaded a Forum on Environmental Law Enforcement where, for the very first time, local officials not only from the towns and city within my district but also the adjoining cities of Valenzuela, Caloocan, and San Jose del Monte, participated to address together our common problem. Lastly, the River Patrol project was launched, where we have police enforcers plying the whole of the river system to deter and apprehend the dumping of waste directly into the rivers. As of the first quarter of 2010, cadmium and lead contents in the Marilao, Meycauayan, and Obando Rivers were already within acceptable levels and that since 2009, no trace of chromium has been found in the Meycauayan and Marilao Rivers.23

22 23

Minutes of the August 10, 2010 Special Meeting of the WQMA Governing Board Ibid.

However, Meycauayan

total Rivers

coliform remain

count24

for

Marilao

and

unacceptably

high.25

Coliform

bacteria, which resides in the intestines of mammals including men, is also responsible for decomposing organic matter like septage, grass clippings, food waste, etc. When in the waters, it competes for the available dissolved oxygen or exacts a Biochemical Oxygen Demand (or BOD).26 The greater the BOD, the higher the rapid consumption of oxygen in the waters, and therefore, the lesser the oxygen availability to other aquatic animals. Consequently, both Marilao and Meycauayan rivers, exceed the acceptable standard on BOD,27 indicative of a high level of pollution load.28 The recent massive die-off in tons of bangus, a day after the Bureau of Fisheries and Aquatic Resources monitored a significant drop of oxygen level in Taal Lake,29 threatened the collapse of a fishing industry, not only from the sheer weight of immediate loss, but also the lingering doubt as to the acceptability of the remaining cultured fish. Nowhere does indifference wreak so much havoc as to the ecological system for truly, what goes around, comes around. Water quality standards are difficult to meet when problems such as domestic pollution, non-existence of wastewater treatment facilities, non-compliance of industries to
Total Coliform: group of bacteria with common characteristics used to indicate unacceptable water quality 25 PowerPoint Presentation of the EMB R3 on the Rehabilitation of the MMORS 26 National Water Quality Status Report 2001-2005 27 Ibid. 28 Region 3 Water Quality Status Report 2001-2005 29 http://newsinfo.inquirer.net/10339/weather-change-led-to batangas-fishkill-says-bfar
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the DENR effluent30 standards, proliferation of non-registered industries, and high levels of toxic metals concentrations pester the river system.31 As mentioned earlier to tackle these problems, 10 years and 10.2 Billion Pesos are necessary to make the river system reach Class C water classification.32 With the onslaught of the rainy season, as was

experienced during the wrath of Ondoy and the recent typhoons that hit the country, these rivers overflow causing untold flooding in these areas. Bulacan is one of the provinces most susceptible to flooding with 39.9% of its land area deemed threatened to the same.33 While flooding is already a problem, the dirty water complicates it. Serious health risks come to those exposed to the contaminated flood waters. A news report said: Bata, Patay Matapos Kumain Ng Mais Na Inisawsaw Sa Baha.34 I can attest to this because that child is from my district in Bulacan, practically my neighbor in Meycauayan City. That the Valenzuela-Obando-Meycauayan (VOM) Flood Control Project is yet to start, who knows when, is not helping either. Kamiy binigyan ng update nitong June 2 sa pangungulit namin . Ang feasibility study ng V-O-M ay nakumpleto noong 2001, - 10 years na ang nakararaan - kaya medyo pass na. Kaya kailangan po ng panibagong feasibility study. Ang sabi ng
Effluent: discharge from a known source which is passed into a body of water or land, or wastewater 31 Ten-Year Rehabilitation Plan for MMORS 32 Ibid. 33 http://208.184.76.173/Article.aspx?articleId=716540&publicationSubCategoryId=63 34 http://www.gmanews.tv/video/82580/24oras-exclusive-bata-patay-matapos-kumain-ngmais-na-isinawsaw-sa-baha
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DPWH, nai-sumite na daw po nila ang Terms of Reference para sa gagawa ng updated feasibility study na siyang ilalapit sa international lending institution upang mapondohan ang V-O-M. Hindi daw po ito puwedeng simulan dahil hindi pa tapos ang KAMANAVA (Caloocan, Malabon, Navotas, Valenzuela) Flood Control Project bagamat unang target date of completion po nila noon sa kanilang nasimulan noong 2003 ay 2007 pa. Ngayon, sa Nobyembre po ulit ang susunod na target date of completion, eight years after. According to the Details of Selected Programs/Projects for Fiscal year 2012, there is a P50 million allotment for the V-O-M. Malamang po, yan na po ang feasibility study, hindi para sa construction. In the meantime, ang mga barangays sa Obando na dating knee-deep sa baha, ay nagiging waist-deep na! In fact, houses are now submerged and abandoned, school buildings are no longer in use and property values are decreasing. Hihintayin pa ba natin na ang Obando ay maging isang Atlantis? Malapit na pong maanod ang aking constituents papuntang Manila Bay! Kailan kaya kami papansinin? Dapat simulan na ang V-O-M! Nakikiusap po kami, huwag na po nating paabutin ng eight years pa uli. Nang manalanta ang Ondoy, parang alon na humampas sa amin ang realidad ng climate change. Nakakatakot ang pinsalang idinulot niya sa atin! Kaya po siguro nang magdaos kami ng Disaster Preparedness seminar nitong Abril sa pakikipag-ugnayan sa Regional Office ng Civil Defense, hindi po namin inaasahan na mahigit dalawampu't daan (200) po ang nagsidalo mula sa ibat ibang barangay ng distrito. Mainam po

ang handa pero mas mainam po pala ang nadala na. So let me raise the alert level a few notches higher because in reality -my concern for my district -- concerns more than my district. As earlier stated, the MMORS empties into the Manila Bay. As such, it is the final recipient of the contaminated water of the MMORS.35 Blacksmith Institute said that the effluents in the river system which feed directly into Manila Bay contaminate local fishing areas, further endangering health.36 It should be noted that the water from the river system feeds into hectares of active fishponds where the produce is consumed not only by the local populace but shipped to adjoining areas primarily Metro Manila and possibly even exported.37 Even a decision38 of the Supreme Court recognized the enormity of the problem and how these river systems are interconnected. It just proves that the MMORS Rehabilitation should not be neglected to help the clean-up operations of Manila Bay. Otherwise, the Manila Bay will continue to receive polluted discharge from the river system and its clean-up operations will only be inutile. Indeed, the MMORS rehabilitation cannot and should not be classified as a purely local concern. Unfortunately, I am in the unenviable position of being in the environmental hotspot that affects a wide area. The problems of the MMORS may be big but we are not without power to arrest its further deterioration. I call on all the LGUs in
Healthy River, Healthy People. MMORS Project Primer http://newsinfo.inquirer.net/breakingnews/regions/view/20070917-89091/Meycauayan %2C_Marilao_in_world%92s_%91Dirty_30%92--_report 37 Healthy River, Healthy People. MMORS Project Primer 38 MMDA et al. vs. Concerned Residents of Manila Bay, GR Nos. 171947-48, Dec. 18, 2008
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my district and nearby towns to enforce solid waste disposal and management. It is sad that waste coming from neighboring towns contribute to the problem. I urge the EMB Region 3 in coordination with the District Engineering Office III and other allied government agencies to draft and finalize a master plan on sewerage management, pollution control, health, sanitation, and flood control in the urban centers. To go about solving the problem and impress a sense of responsibility for the state of the rivers now, it is important to begin with the question: how do I, my activities and the sector where I belong, contribute to the pollution of the rivers? And so we go back to the sources of pollution load in the MMORS. In this way, the polluters begin to move from being part of the problem to becoming part of the solution, to realize that they have the power to change the way things are. It is then incumbent upon government, with its vast sources, to facilitate the institutionalization of good practices. May I suggest the following measures: 1. Domestic source, which accounts for 75% of the

pollution load takes to task the ordinary resident consumer by becoming responsible for his own household waste, the disposal of which is already regulated by R.A. 9003, the Ecological Solid Waste Management Act; with the complementing roles of the local barangay and municipal officials, to ensure enforcement right up to the municipal level, refusing household waste collection when unsegregated, establishing separate collection schedules
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for wet vs. dry waste, and setting up Materials Recovery Facilities or MRFs, pursuant to the governing law. Also, there should be strict enforcement and upgrading of penalties of all anti-littering ordinances and all other related local laws. To ensure an impact and a successful campaign against littering, we should mobilize and organize all punong barangays, with their spouses or children specifically leading the campaign, to lodge this program of activity down to the grassroots, with the four LGUs of the 4th District of Bulacan retaining oversight functions for its overall implementation. I believe that this untapped sector can be a potential catalyst that for environmental change, considering punong

barangays are focused on mainstream barangay affairs. When the floods abated after Ondoy, the treetops and bushes in my district were festooned with plastics. A closer look at the waste culled from repeated river cleanups show that more than 98% of the wastes are made from plastics, hence, we must really move for a ban on the use of plastics and polystyrene containers. Domestic pollution load in the MMORS is complicated by the non-existence of municipal wastewater treatment facilities.39 Thus, I filed House Bill No. 4913 entitled: Bulacan Sewerage System and Wastewater and Septage Treatment Facility. This will ensure that domestic wastes shall undergo treatment so as not to contaminate the
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Ten-Year Rehabilitation Plan for MMORS

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environment. A study done by the World Bank and the United States Agency for International Development (USAID) showed that the Philippines is losing 78 Billion Pesos annually because of human wastes and the bulk of loss is caused by lack of proper sewage treatment and septage management.40 2. Industries, the source of 20% of the pollution load must be given incentives to establish wastewater treatment facilities appropriate to their sector that can help them comply with the DENR effluent standards. The Blacksmith Institutes plan of action calls for banding together sameindustry practitioners for a common waste water treatment facility vs. individual installation of facilities to offset the cost. For example, poultry or piggery farms can pool their waste to a common destination for treatment, ditto for tanneries or refineries in the leather or jewelry industries. The construction and/or real estate industries, on the other hand, also contribute to Total Suspended Solids or TSS as water contaminants. Indiscriminate quarrying and not ascribing to erosion control protocols add to the pollution load. Hence, there is value to the termination of road repairs and diggings within the shortest possible time. At no time was the value of a rational land-use policy more highlighted than when Ondoy hit. Island barangays
40

http://www.manilatimes.net/news/topstories/philippines-losing-p78b-in-war-againstwastes/

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in the coastal town of Obando were spared the worst of Ondoy for the simple reason that their communities opened up to the sea. Whereas there were areas in Marilao and Meycauayan, which were inundated for almost three weeks because structures had been constructed that impeded the natural outflow of the water. It is unfortunate that from the time the case of the MMDA vs. Concerned Residents of Manila Bay41, promulgated on December 18, 2008 until now, I do not see any provision in the General Appropriations Act of 2012 for the needed budget allocation to implement the MMORS Rehabilitation Program. For this gargantuan Ten-Year Rehabilitation Plan, a special fund has been designated through the Manila Bay Coordinating Office of the DENR. During the initial budget hearing last week, the Honorable Sec. Ramon Paje swiftly acted on the release of the preliminary budget of 9.48 million pesos allocated for the construction of the pilot septage treatment facilities in Meycauayan City. You cannot imagine how heartening it was for us to hear him say, upon inviting his attention to the matter, that the amount shall be released to the EMB Region 3 office within the week. You see, prior to this decisively affirmative action from the Secretary, the allocation for 2011 is a measly PhP500,000. In 2010, one million was earmarked but only half of this or Php 500,000.00 was downloaded to EMB Region 3.
41

G.R. No. 171947-48

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Clearly,

piece-meal

tokenism

is

abhorrent

waste.

It

squanders the knowledge capital of our environmental experts keen on defusing the environmental timebomb; and fritters away our hard-earned reservoir of goodwill from responsible citizens and corporations eager to see a new day. This much is recognized by Secretary Paje, hence the swift action to correct the gross oversight. But because special funds, by definition cannot be anything but discretionary to the incumbent Secretary, the responsible thing to do in order for a ten-year rehabilitation program requiring PhP10 Billion to work-- on schedule and as planned-- is to move it up to the GAA. Based on studies conducted by the EMB-DENR Region 3, I therefore propose the inclusion of the amount of 937 million pesos in the proposed budget of the DPWH for 2012 to finance sewerage and septage infrastructure projects found in the TenYear Rehabilitation Plan of the MMORS. The implementation of this project will address: 1) the adverse issues on environment, 2) the flooding problem, and 3) regularize the funding Upon the allocation of the project and not merely rely on the annual availability of funds from the DENR Central Office. to the DPWH to facilitate its implementation. Henceforth, there should be a two-pronged approach in addressing the issues of pollution and solid waste management: 1.) Congressional approval of the necessary budget for the MMORS; and 2.) Enlisting productive privaterequest of the EMB-DENR Region 3, I have endorsed this project

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public sector partnerships especially for directly-affected areas like our fishing communities. I believe that Congress should approve a budget that will bring down the divide between the ordinary citizens as a potential power drive in fighting environmental ills that have for a long time adversely affected them, and the government machinery with its wide arsenal of resources to provide a better world for us and our children. Only a fully implemented, robustly funded rehabilitation of the MMORS will do. I do not want to be party to a pitiful pretense of river clean-up because nothing demonstrates political ill-will more than anemic funding. Such a situation is not only the height of apathy; it is the absence of humanity. We can explore the possibility of funding the construction of linear parks on the riverbanks of the river system similar to what has been done by the Pasig River Rehabilitation Commission. Linear parks would create buffer zones and protection between the waterways and the adjacent communities, reduce direct dumping of garbage on the river and can be used for strolling, jogging and other recreational needs.42 Moreover, it will inhibit the proliferation of illegal settlers along the riverbanks. These parks will then mitigate, if
42

http://webcache.googleusercontent.com/search? q=cache:rotF0fpBIVYJ:www.adb.org/Documents/News/PhCO/phco200902.asp+linear+parks+to+create+buffer+zones+ %26+protection+between+the+waterways+and+the+adjacent+communities %3B+helps+reduce+the+direct+dumping+of+garbage+on+the+river&cd=3&hl=tl&ct =clnk&gl=ph&source=www.google.com.ph

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not prevent, flooding of the area where they are constructed and may also help in generating economic activity especially if it becomes the venue for recreational activities. More importantly, it will develop a sense of consciousness of the local community of ensuring the cleanliness of the river because they would benefit from it. Bamboo reforestation and water-lily utilization projects may also be funded similar to what former Congresswoman Cynthia Villar has done to the Zapote-Las Pinas River, for which they were recently cited the United Nations Best Practices Award in the category of Best Water Management Practices. These projects would not only strengthen and declog the riverbanks; these can also be a source of livelihood for the communities along the river. The River Patrol project of the MMORS can be heightened by adding more rubber boats for the use of the PNP patrolling the river system especially since the PNP of Meycauayan City has been awarded as the Best Police Community Relations Unit for 2011 because of its efforts in patrolling the river. While it is true that the aforementioned measures would entail costs on the part of the government, the benefits would surely outweigh the costs. A rehabilitated river system will not only benefit the people living within and around the area, it will also help the clean-up operations of the Manila Bay, and thus ensure compliance to the continuing mandamus43 issued by the
MMDA et al. vs. Concerned Residents of Manila Bay, GR Nos. 171947-48 (18 December 2008)
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Supreme Court, and more importantly, save people from eating aquatic products coming from contaminated waters. By exercising intergenerational responsibility, we are not only saving a river system - the lives, properties, and production opportunities connected to it; but significantly, we are investing in an economically developed and ecologically sound future. I repeat, the right to a balanced and healthful ecology is our intergenerational responsibility.44 During the fourth Assessment Report of the Intergovernmental Panel on Climate Change in 2007, it was stated that the resilience of many ecosystems (or their ability to adapt naturally) is likely to be exceeded by 2100 by an unprecedented combination of change in climate, associated disturbances like flooding, and other global change drivers like land-use change, pollution, and overexploitation of resources45. The 2100s are a mere 89 years from now. Sad to say, all of us here today will not make it to that time. But my daughter, now on a delicate condition, is on the way to give us our very first grand child. For the sake of my grand child, I dare to imagine a river system better than the one we now have. I dare to imagine communities no longer submerged in flood waters. Dont we all want the best for our childrens children? Then, lets work on making the imaginable, doable. Our generation is in the last few minutes of the environmental ball game. Kung sa basketball, dapat humahataw na po tayo ng mga three-point shots, hindi inaaksaya ang natitirang panahon.
44 45

Oposa et al. v Factoran, GR No. 101083 (30 July 1993) http://www.ipcc.ch/publications_and_data/ar4/wg2/en/tssts-4-1-2-ecosystems.html

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Panahon na upang simulan na ang V-O-M Flood Control Project. Panahon na upang gawin natin ang lahat ng ating makakaya upang buhayin ang ilog na bumubuhay sa atin. The Mayors, Vice Mayors, members of the Sanggunian, Barangay Captains and some constituents of my District are here today to show the seriousness of our problem. Ika nga sa isang kanta, bigyan nyo naman po kami ng kahit konting pagtingin. Magandang hapon po.

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