Environmental advocates and frontline communities on Friday welcomed the decision issued by the Court of Appeals ordering the Department of Environment and Natural Resources (DENR) and DENR-BMB (Biodiversity Management Bureau) to issue pertinent guidelines for the designation of non-attainment areas (NAAs) exhibiting high pollution levels in the Verde Island Passage (VIP).
The decision is a response to a continuing mandamus case filed by groups including Protect VIP, Center for Energy, Ecology and Development (CEED), and fisherfolk federation representatives in December 2023, which urged the DENR to fulfill its mandate under the Clean Water Act (RA 9275) to protect Philippine waters against unchecked pollution. This, after a series of independent water quality tests including in marine protected areas in the VIP that were affected by the oil spill showed alarming levels of pollutants.
In the 60-page decision, the court urged DENR and DENR EMB to “issue the appropriate guidelines for the designation of NAAs where specific pollutants from either natural or man-made sources have already exceeded the water quality guidelines for the exceeded pollutants pursuant to the conditions set forth under Section 6 of the Philippine Clean Water Act, including...the threshold for the reduction rate that is appropriate for the allowance of new sources of specific pollutants.”
The decision also urged respondents to resolve complaints and concerns raised by the petitioners on the presence of high level of pollutants in independently monitored areas in the VIP based on the NAA guidelines, and to “prepare and implement a program that will not allow new sources of exceeded water pollutants in the non-attainment area so designated.”
For Protect VIP, this move by the Court of Appeals is a win toward protecting the Verde Island Passage, which continues to confront many sources of pollution. From the devastating oil spill that especially struck Mindoro, the many unmonitored or unreported fuel spills from passing vessels, to the massive fleet of gas and coal power facilities in Batangas, the very health of the VIP is extremely threatened. The group hopes that the DENR will ensure urgent action in response to the decision and prioritize the protection of our rich biodiversity and the livelihood of many.
“Ang mga mangingisda ay isa sa mga sektor na pinakaapektado sa pagkasira ng mga dagat dahil ito ang pinagmumulan ng hanapbuhay at pagkain namin. Ang patuloy na paglawak ng mga mapanirang industriya sa dagat natin ay magreresulta sa pagkabawas ng aming mga huli. Dapat tiyakin ng DENR na mapahinto na polusyon galing sa mga industriyang ito upang hindi na ito makapaminsala sa aming kabuhayan at kalusugan”, said Aldrin Villanueva, President of Koalisyon ng Mga Mangingisdang Apektado ng Oil Spill (KMAOS) in Mindoro.
Once adhered to by the DENR, the court’s decision can have a significant implication to stopping unchecked pollution in bodies of water across the country - including the Manila Bay area, which is now also suffering another devastating oil spill.
“Polluting industries have for too long been given free rein to threaten waters that provide food and livelihood to millions of Filipinos. The massive oil spills that harmed the VIP and, now, Manila Bay are a glaring illustration of that. Exactly 20 years since the Clean Water Act was passed, we are hopeful that this decision will now finally force the DENR to uphold its mandate of protecting our seas and communities that rely on them,” said Gerry Arances, Executive Director of CEED.
Comments