Court orders DENR to issue guidelines, resolve complaints of pollution in the VIP within a month

The Court of Appeals on Friday gave the Department of Environment and Natural Resources (DENR) one month to issue guidelines for the designation of non-attainment areas (NAAs) and to commence such resolution on the long-standing pollution complaints in the Verde Island Passage (VIP).

This directive comes eight months after the Court initially ordered the DENR to issue the pertinent guidelines, in response to a petition for a writ of continuing mandamus filed by Protect VIP, the Center for Energy, Ecology and Development (CEED), and local fisherfolk federations. 

“We welcome the Court’s decision to mandate the DENR to act within one month. With a firm timeline now set by the Court, we urge the DENR to treat this matter with urgency. Prolonging this will only place the VIP, along with other vulnerable water bodies across the country, at greater risk of pollution,” said Father Edwin Gariguez, lead convenor of Protect VIP.

The Court resolution comes amid leadership change at the DENR, with Secretary Raphael Lotilla now taking over from former secretary Antonia Yulo-Loyzaga.

“As Secretary Lotilla takes on the DENR’s helm, we urge him to do his duty to the people and the environment. Follow the Court’s decision to issue the pertinent guidelines to remove any potential source of pollution in the VIP and, establish regular monitoring of its water quality,” he added.

Along with issuing pertinent guidelines, the resolution mandated the DENR to commence the proceedings to address complaints regarding unchecked pollution in the VIP within a month after the issuance of the guidelines and every three months thereafter. The complaints largely stem from the influx of fossil gas developments in the area, which coastal communities fear have caused a decline in their fish catch.

Under the Section 6 of the Republic Act No. 9275 or Clean Water Act of 2004, the DENR “shall designate water bodies, or portions thereof, where specific pollutants from either natural or man-made source have already exceeded water quality guidelines as non-attainment areas for the exceeded pollutants.” 

Gerry Arances, executive director of the Center for Energy, Ecology, and Development (CEED) said that this Court resolution must serve as a “final call” for the DENR to uphold their mandate to protect the vulnerable water bodies in our country.

“The communities have spoken, and so has the Court. We urge Secretary Lotilla to make his new term a turning point for the department. Issue the guidelines within one month and declare NAAs for the VIP to prevent further damage from ecologically harmful activities threatening this marine corridor,” Arances added.