Water

“The greatest insult to the public is spending P389-Million for what DENR officials admit as a ‘short-term’ intervention to the very real problem of pollution in Manila Bay. The fact that they compared the effectivity of dolomite to aquarium sand shows that they grasping at straws to justify such enormous expense without scientific basis. Let this be clear: We are spending P389-Million simply to window-dress a thin stretch of Manila Bay, nothing else. Not to clean it, not to improve water quality levels. This much for a project not even included in any Manila Bay master plan. This much for a project without an actual environmental study.”

This was the statement of Terry Ridon, Infrawatch PH convenor.

P28-Million for dolomite sand

During the briefing of the House of Representatives on the budget of the Department of Environment and Natural Resources, DENR Undersecretary Jonas Leones admitted that only P28-Million was spent to purchase dolomite sand from Cebu.

Upon the query of House Minority Leader Rep. Bienvenido Abante, Mr. Leones said that only around six percent of the entire beach nourishment project was spent on dolomite sand.

“Yung P389-Million ito po ang gagamitin sa buong proyekto ng beach nourishment, about six percent lang po yung sa dolomite doon, the amount of P28-Million.”

Pressed further, Mr. Leones clarified where the rest of the funding will be used –

“Sa P389-Million ang kasama po ditong mga activity unang una po yung tinatawag nating desilting, kailangan po kasi nating linisin ang ilalim ng Manila Bay. … Pangalawa po sa paglalagay po  natin ng buhangin, kailangan po … merong tayong geo intervention to make sure that the sand will not easily be washed out in case of strong current. … Ito po ang mga activities na nakapaloob po sa P389-Million.”

From 54% to 64% project return: Single bidder, bid variance of 2% from approved budget 

With respect, this makes the case for the project far worse, because by any measure, the costs of the project minus the admitted costs of dolomite sand will not approximate the total contract price of P389-Million without overstating the actual costs of the project.

Updating our own estimates, P28-Million of dolomite sand and other costs yields a baseline cost of only P118,820,000.00.

Correspondingly, the eight-percent return for the project should only be around P10,332,173.91, and all other added costs no more than P20-Million.

Unless the DPWH clarifies the cost calculations for the project, it would be reasonable to assume that the remainder of the P389-Million budget would amount to profits with around 64% return, as all other remaining project components are negligible costs as compared to sand supply and backfilling costs.

This amount is more than double the estimated baseline total costs of the project.

It is important to note that the price variance of the total contract price to the approved project budget stands at only 2.04%, and there was only one single bidder.

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Beach nourishment: ‘Short-term activities’ not part of Manila Bay master plan

On the other hand, Mr. Leones also admitted that the project is part of ‘short-term activities’ for Manila Bay.

“… Ito pong ginagawa natin ngayon na beach nourishment and desilting and grubbing, these are short-term activities which we believe will support the NEDA [Manila Bay master] plan in the long-term.”

In fact, Muntinlupa Rep. Ruffy Biazon categorically asked Mr. Leones if the current project is not part of any of two existing Manila Bay master plans.

Mr. Leones answered in the affirmative —

“Yes, Mr. Chair. That is correct, Mr. Chair.”

COA and SC urged: Clear basis to suspend project

Given these new developments, the following facts are clear, and should serve as basis to suspend the project:

a. There is no ECC for the project, despite clear environmental rules requiring ECCS for developments in tourist spots and historical areas.

b. The Manila Bay white sand project is considered a short-term activity despite the high project cost.

c. The beach nourishment project is not part of the overall Manila Bay master plan.

d. Without DPWH clarification on costs, the projected return on the project will reach almost seventy percent.

Both the Commission on Audit or the Supreme Court should intervene to protect public funds and the environment.

The Commission on Audit can immediately conduct a special audit on the project, while the Supreme Court can immediately activate the Manila Bay Advisory Committee, both of which can intervene to determine whether the processes undertaken by the project are all aboveboard.

By seeking an exemption from its own environment compliance regulations, DENR violated Presidential Decree No. 1586 (Environmental Impact Statement System Law) and DENR Administrative Order No. 2003-30, the agency’s own implementing rules and regulations governing environment compliance certificates.

Under PD No. 1586 and DAO No. 2003-30, projects that require an ECC are those located in Environmentally Critical Areas such as:

a. areas set aside as aesthetic potential tourist spots
b. areas of unique historic interest

Executive Order No. 69, series of 1999, designates portions of the waters in Manila Bay and its foreshore area as a special tourist zone.

The EO further orders the conservation and maximization of areas in Manila Bay with tourism potential.

Clearly, there should be little doubt that this strip of beach does not only have aesthetic potential as a tourist spot, but has in fact proven itself as an actual tourist attraction for its prime sunset views.

On the other hand, the National Historical Commission of the Philippines, in its 2012 Resolution No. 19, declared the “Manila Bay and Waterfront from Del Pan Bridge to the Cultural Center of the Philippines” a National Historical Landmark (NHL) as it is the “sacred ground of our country’s long and rich history.”

In that resolution, the NHCP underscores the importance of the bay to the country as it was on its shores that an ancient civilization (later Islamic communities) thrived and for being an international commercial center since the precolonial times.

It also cited the bay’s other historic feats such as the 1570 battle between the Spaniards and Filipino forces, the Spanish-Dutch battle of 1647, the British invasion of the 1760s, the Battle of Manila Bay in 1898, among others.

These government issuances show that the Manila Bay white sand project is a covered activity requiring an ECC, as the project is in:

a) an area that is set aside as an aesthetic, potential tourist spot and;
b) an area of unique historical interest.

As such, there is absolutely no basis for the DENR to say that its project is not covered by ECC rules. The proponents should have applied and received an approved ECC before starting the project.

There is therefore clear legal basis for the project to stop proceeding until and unless an ECC has been issued by the DENR itself.

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The environment department should be the first to follow its own environment laws and regulations.

SC Manila Bay Advisory Committee should intervene

Most important, this presents a prima facie case for a Writ of Kalikasan in the Supreme Court, including a temporary environment protection order stopping the Manila Bay white sand project.

Manila Bay spans several cities and provinces, as far as Bataan and Cavite, such that there will be no difficulty complying with the Writ of Kalikasan’s procedural requirements relating to the potential environment impact of the project in several localities.

At the very least, the Supreme Court should intervene under its Manila Bay Advisory Committee (MBAC) led by Chief Justice Diosdado Peralta.

The MBAC was reconstituted by the Chief Justice himself on 19 December 2019.

The Committee is tasked to maintain the mandate of the continuing mandamus and enable the Court to verify the reports of the government agencies tasked to clean up the Manila Bay.

As such, the MBAC should not wait for a fresh case to be filed before intervening on the white sand controversy, as it this afford the public immediate relief from the potential environmental impact of the project.

Clearly, the SC should be informed that the DENR has not only violated its own rules, but also overstepped its mandate in Manila Bay, either based on SC’s continuing mandamus or President Rodrigo Duterte’s Manila Bay Task Force.

Both bodies call for the cleanup, rehabilitation, restoration maintenance of the WATERS of Manila Bay to a level fit for swimming; and also to improve water quality through the reduction of coliform levels in all river systems and tributaries within Manila Bay.

Both make no mention of a mandate to beautify a thin stretch of Manila Bay’s 190-kilometer coastline.

Terry Ridon is the convenor of Infrawatch PH. His environment law advocacy in the landmark case of Casiño v. Paje developed jurisprudence which allowed writs of kalikasan to challenge defects on permits causally linked to environmental damage.