SC asked to cite DENR in contempt over bay project
MANILA — Progressive group Akbayan on Thursday urged the Supreme Court to cite the Department of Environment and Natural Resources in contempt over the controversial dumping of artificial white sand along the shoreline off Manila Bay.
Akbayan sought to intervene in the 2008 landmark case ordering government agencies to rehabilitate the Manila Bay and asked the SC to cite the DENR in contempt for violating the continuing mandamus order.
The group said the project is in violation of the continuing mandamus the SC issued in 2018. “The [DENR] defied, disobeyed, resisted, disregarded, and violated the continuing mandamus,” they said.
The controversial “beach nourishment” of Manila Bay, classified as “enhancement” project—was part of the government’s Manila Bay rehabilitation program launched in January 2019. The project involved filing the stretch of the bay’s shore with crushed dolomite—which environmental groups have raised may pose risk to the marine ecosystem but also in communities around the area.
Akbayan said the project is a “danger to the environment,” and “was done in utter and complete disregard and violation of the continuing mandamus issued for Manila Bay’s rehabilitation.”
The petitioner-intervenors are referring to the SC’s order in 2008, directing government agencies to “clean up, rehabilitate, and preserve Manila Bay, and restore and maintain its waters to SB level (Class B sea waters)... to make them fit or swimming, skin-diving, and other forms of contact recreation.”
DENR, in particular, is ordered to “fully implement its Operation Plan for the Manila Bay Coastal Strategy for the rehabilitation, restoration, and conservation of the Manila Bay at the earliest possible time.”
Akbayan said there can only be full execution of the mandamus after its order to rehabilitate the Manila Bay and make it fit for contact recreation activities.
Hazardous to the environment
The group pointed out that the controversial project is detrimental to the bay’s ecosystem and contravenes the order. “The dolomite dumping operations along Manila Bay will not rehabilitate and restore Manila Bay coast as a natural habitat,” they pointed out.
The project is also not part of the Manila Bay Sustainable Development Master Plan of the National Economic and Development Authority, they noted.
“Dumping artificial white sand to achieve an artificial Boracay-like beach in Manila Bay is a direct violation of the Continuing Mandamus. The presence of dolomite in Manila Bay will never make the waters fit for swimming, skin-diving and other form of contact recreation; the presence of dolomite will only make the water classification therein worse,” they said.
Akbayan also accused the environment department of evading its obligation by “refusing to make public reports on the artificial beach and use of dolomite as artificial white sand.”
In line with the continuing mandamus issued by the SC, the government agencies are called to submit to the Court a quarterly progressive report of the activities they have undertaken following the court ruling.
“Despite the continuing mandamus directing the [DENR] to take the lead in the rehabilitation and restoration of Manila Bay, the DENR is taking the lead in the destruction and pollution of the bay,” Akbayan stressed.
Writ of Kalikasan
This is the first known action of groups to seek court action on the controversial project.
A coalition of environmental advocates and communities earlier said they will file a petition for writ of Kalikasan against the dumping of artificial white sand along the shoreline of Manila Bay.
A writ of Kalikasan is a legal remedy for persons or organizations whose constitutional right to a balanced and healthful ecology is violated or threatened. (Philstar.com)