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L IK A S Y A M A N
Official Newsletter of the

Protected Areas Wildlife Coastal Zone Management Services

PR
O

Issue No. 2

March-July 2013

REFORMING THE SYSTEM

Page 2

PAWCZMS launches own

Facebook Fan Page

SPECIAL FEATURE

DILIMAN, QUEZON CITY

- Regional Technical Director
Donna Mayor Gordove
proudly announced to the
public the launching of
PAWCZMSs Facebook Fan
Page and blogsite.
Speaking before guests and
other environment officials
during the commencement
exercises of DENR-NCR
employees
who
have
completed the course on Public Service Excellence, Ethics and Accountability
Program (PSEEAP) last July 5, 2013, RTD Gordove invited the audience to
visit the web pages for updates on PAWCZMS and its divisions/offices.
Issues of Likasyaman are also posted on PAWCZMSs facebook page and
web blog.

Find us and like us on Facebook at

https://www.facebook.com/PAWCZMS

The Manila Bay case

Operational Plan for the
Manila Bay Coastal Strategy
2011-2015
The Manila Bay Site
Coordinating Office-NCR:
Helping to save Manila Bay

LikasYaman

Issue No. 2, March-July, 2013

Reforming the system

n a letter dated July 23, 2013, DENR Undersecretary for Field

Operations Demetrio L. Ignacio Jr., congratulated Regional
Executive Director Neria A. Andin and the entire DENRNational Capital Region family for significant gains in the
governance reform agenda of PNoys administration.
Citing the good performance ratings of the regional office,
Usec. Ignacio enjoined RED Andin to keep up the good work
even while reminding her of the need to address areas which need
improvement, more particularly on client satisfaction for which
weve only managed to get a modest 78% rating from the Civil
Service Commission (CSC).
Now, we here at PAWCZMS take pride on being a customerdriven office. But our CSC rating, passable as it is, would seem to
bely this claim. If anything, it raises a red flag.
But long before the results of the surveys were out anyhow, RED
Andin has been tirelessly reminding us of the need to improve on
and enrich our relationship with the public. We need to disabuse
ourselves of the idea, she says, that we have a monopoly on
environmental issues and matters because, in reality, we do not.
Indeed, while we enjoy as a government entity exclusive authority
on certain areas of environmental governance (in policymaking
and regulations for example), we should be wary of the fact that
our legal mandate is being hotly contested, directly or indirectly, if
not by civil society organizations (CSOs) then by other government
offices who are similarly claiming expertise and authority on
environmental governance. Easily, one think of groups like
Greenpeace and Eco-Waste Coalition doing what should we, as
regulators, should be doing.
Facing such competition, we need to stay relevant; and to stay
relevant, we need to continually redefine not only our image as
public officers but, conversely, our conception of the public in
our project and programs.
On this, RED Andin has given us several leads to follow, chief
amongst which is her suggestion to junk altogether the patronclient mentality that we have been long accustomed with and, in
its place, adopt a service provider-customer outlook.
We need to carefully shy away that is, from the practice of
regarding the public as clients or as someone who use and
will continue to use the services that the divisions and offices of
DENR-NCR and PAWCZMS offers no matter what. We live not
in a vacuum, Regional Technical Director for PAWCZMS Donna
Mayor-Gordove pitches in, taking note of the existence of other
organizations more than willing to perform our defined tasks and
functions and the services that we provide.
But more important than staying relevant, a change of heart
on our notion of the public as customer should, above all,
reflect our understanding of and commitment to our democratic
ideals because, in the order of things, the customer is seen as a
necessary step towards the eventual progression of the public into
citizens.
Needless to say, the client-based outlook runs contrary to the
purpose of instituting reforms in the government. The term
client, to begin with, is suggestive of a type of relationship that
borders on dependency. A dependent client, of course, is the last
thing a cash-strapped and resource scarce government will ever
want, specially if it wants to harness the help of the people in
nation building. On another level, to think of the public as a client
is to think of them as mere passive recipients of the assistance and

support it gets from government offices. He or she has little say,

if any at all, on the quality, quantity, and timeliness of the service
offered to them by the office. This situation, of course, is ripe for
corruption and exploitation as the public officer has more than the
opportunity to take advantage of it. At this point, the public officer
can hold the client hostage.
That this type of relationship should develop in government is
by no means an accident. In reality, this is borne out by the system,
as with the belief that government is the better organization to
solve our social ills.
But that is not how the original founders of the modern political
state saw things should be. From Thomas Hobbes to John Locke,
and more recently to John Rawls and David Gauthier, all saw
government as necessarily based on a social contract. And under
such contract, citizen Juan and Maria have every right to demand
from the government quality service; otherwise, they are free to
withdraw their consent or support from the government and said
regime loses its legitimacy accordingly.
In regular conditions, this withdrawal of support is usually
expressed thru popular opinion as validated by performance
rating surveys such as the Anti-Red Tape Act (ARTA) Watch.
During elections, public opinion is said to be communicated via
votes. Either ways, government officials receive praise or flak
from the public they serve based on their performance.
Recent ventures on electronic governance (e-governance)
nonetheless promises to change the way things are, even at least
initially at the level of public service delivery.
On this account, PAWCZMS is continuously trying to make
headways. Already, it is on the process of simplifying access to
information about its programs and activities by establishing its
presence on the internet. To start with, we have launched our own
Facebook Fan Page and blogsite to provide our customers updates
about our projects and programs. Plans on making applications
and registration of wildlife under Republic Act No. 9147 possible
on-line are also on the pipeline.
These innovations are expected to change our existing
organizational structure, one that would slowly transform the
formal, highly regimented and hierarchical organization of the
agency to one that is decentralized and responsive to the demands
of the public.
(Continue on Page 4)

LikasYaman

Issue No. 2, March-July, 2013

The Manila Bay case

the complainants were not
wasted though as both the
trial and appellate court sided
with them, in 2002 and 2005
respectively. Then came the SC
decision and all their hard work
came into full fruition.

Manila Bay is a vast body of

water with a surface area of
about 1,800 square kilometers.
Regarded as one of the finest
harbor in the world, it was once
the source of national pride.
Today, however, the bay is
heavily polluted with domestic
sewage,
toxic
industrial
effluents from factories and
shipping operations, leachate
from garbage dumps, and runoff
from chemical agriculture.
Acting on a petition, the
Supreme Court (SC) in 2008
issued a writ of Continuing
Mandamus
against
eleven
(11) executive government
departments and agencies.
In particular, the SC directed
all
concerned
government
agencies
to
clean
up,
rehabilitate,
and
preserve
Manila Bay, and restore and
maintain its waters to SB
level (Class B sea waters per
Water Classification Tables
under DENR Administrative
Order No. 34) to make them
fit for swimming, skin-diving,
and other forms of contact
recreation.
The SCs edict stemmed from
a civil suit originally lodged at
Branch 20 of the Imus, Cavite
Regional Trial Court (RTC).

Concerned residents
In 1999, a group calling
themselves Concerned Residents
of Manila Bay filed a petition
for
mandamus
against
the
Metropolitan
Manila
Development
Authority
(MMDA);
the
Department
of Environment and Natural
Resources (DENR); Department
of Education, Culture and
Sports (DECS); Department of
Health (DOH); Department of
Agriculture (DA); Department
of Public Works and Highways
(DPWH);
Department
of
Budget
and
Management
(DBM); Philippine Coast Guard
(PCG); Philippine National
Police Maritime Group; and
the Department of Interior and

Local Government (DILG).

Worried
about
the
deteriorating condition and
dying legacy of Manila Bay,
the group decried what they
claimed as reckless, wholesale,
accumulated and ongoing acts
of omission of said government
agencies and asked the court
to hold these agencies, jointly
and solidarily, liable for the
mess that is Manila Bay today.
Likewise, they prayed for the
issuance of an order directing
the respondents to clean up,
rehabilitate and protect Manila
Bay from further degradation.
Big and formidable as their
legal foes were, the efforts of

Supreme Court Mandamus

A mandamus, according to
Blacks Legal Dictionary (9th
Ed.), is a writ issued by a court
to compel performance of a
particular act by a lower court or
a governmental officer or body,
usually to correct a prior action
or failure to act. Often, the
particular act being ordered
executed is ministerial in
nature, an act which, explains
the magistrates, nothing is left
to the discretion of the person
executing it. It is a simple,
definite duty arising under
conditions admitted or proved
to exist and imposed by law.
Hailed as a landmark decision
in the area of environmental
legislation, the mandamus in
effect puts the heads of the
agencies concerned under the
SCs supervision in a continuing
open-ended arrangement (or as
SC Justice Presbitero Velasco
explains, as long as something
remains to be done in terms of
cleaning, rehabilitating and
(Please turn to Page 4)

Operational Plan for the Manila Bay Coastal Strategy 2011-2015

The Operational Plan for the Manila
Bay Coastal Strategy (OPMBCS)
is a translation of the Manila Bay
Coastal Strategy (MBCS).
The MBCS is a result of extensive
consultations with the various
stakeholders of Manila Bay. It has
adopted, as its vision for Manila
Bay, a clean, wholesome, and
productive ecosystem, a center for
socio-economic development, and a
natural heritage nurtured by Filipino
values towards a better quality of life
for present and future generations.
In 2005, the MBCS was translated
into the OPMBCS, a set of action
plans and programs based on
identified priority areas of concern.
The OPMBCS entails the integration
of practical lessons learned in
the course of the implementation
of the Manila Bay Environmental
Management Project (MBEMP). It

addresses priority issues on water

pollution, habitats and resources,
and partnership and governance.
In December 18, 2008 the Supreme
Court came out with a decision on
the case of MMDA v. Concerned
Residents of Manila Bay (G.R.
No. 171947-78, 574 SCRA 661,
670-671). Apart from issuing a
Writ of Continuing Mandamus to
respondent-government agencies,
the high court also instructed
the DENR to fully implement the
OPMBCS especially in relation to
its order to rehabilitate, restore, and
conserve Manila Bay.
In the course of its implementation
however, it has been noted
that minimal efforts have been
undertaken.
Based
on
the
assessment done by the Manila
Bay Advisory Committee (MBAC)
on the quarterly reports submitted
by the mandamus agencies, there

were issues/concerns raised that

the defendant agencies have to
address, chief amongst which is
the absence of a standard format
to facilitate objective reviews and
verification of the accomplishments.
As a result of the assessment made
by the MBAC and to be able to
come-up with a cohesive OPMBCS,
the Supreme Court gave a directive
to the DENR to take the lead in the
review and updating of the initial
plan, including the time plan and
the rationalization of the OPMBCS
priority actions and reporting
systems. The result of the said
review is the updated OPMBCS
2011-2015.
The
updated
OPMBCS
and
acknowledges
the
valuable
contributions of partner stakeholder
agencies. As such, it has been
designed to be dynamic, subject
to change and improvement in the

course of its implementation to better

address the three (3) important and
immediate priorities, namely; solid
waste management; liquid and septic
waste management, and informal
settlers along the waterways. The
updated plan also identified projects
and activities that have immediate
impact in areas covering the major
river systems.
Among the more novel innovations
in the updated OPMBCS is its
employment of the ecosystembased management (EMB) planning
and
monitoring
mechanisms.
In this scheme, management
arrangements are based on the
needs of the ecosystems, rather
than upon political or administrative
expediency. With such practices,
especially at the level of upland and
coastal communities, participatory,
integrative
and
cooperative
approaches are brought into full
play.

LikasYaman

MBSCMO-NCR

Helping to save Manila Bay

Issue No. 2, March-July, 2013

...The Manila Bay Case

preserving the bay).
Manila
Bay
Advisory
Committee
For the purpose of monitoring
the performance of the assigned
tasks of defendant-agencies and
to verify their accomplishments,
the SC formed the Manila Bay
Advisory Committee (MBAC).

Regional Technical Director for PAWCZMS Donna Mayor-Gordove is seen

discussing with LGU representatives to the SCC-NCR during its planning
workshop last July 23-26, 2013.

In its decision on the case of MMDA v. Concerned Residents of

Manila Bay (G.R. No. 171947-78, 574 SCRA 661, 670-671), the
Supreme Court designated the DENR as lead agency in devising
a consolidated, coordinated and concerted scheme of action for
the rehabilitation and restoration of Manila Bay.
In response,the DENR created the Manila Bay Coordinating
Office (MBCO). Headed by Dir. Noel Antonio V. Gaerlan, is
tasked to coordinate the implementation of the OPMBCS as well
as reporting the accomplishments of the mandamus agencies to
the Manila Bay Advisory Committee (MBAC), a body created by
the SC in early 2009 to receive and evaluate the reports.
At the regional level, the Site Coordinating Council (SCC) was
established. The council is composed of Local Government
Units (LGUs) in the Manila Bay area, the mandamus National
Government Agencies (NGAs) represented by its respective
regional directors, the private sector, and various stakeholder
representatives.
Organizing and coordinating the activities of the SCC in
the National Capital Region (NCR) is the Manila Bay Site
Coordinating Management Office-NCR (MBSCMO).
Chaired by DENR-NCR Regional Executive Director Neria A.
Andin, the MBSCMO is attached to the Protected Areas, Wildlife
and Coastal Zone Management Service (PAWCZMS).
Members of the SCC-NCR, thru the MBSCMO-NCR, have been
regularly meeting. In 2012 the MBSCMO-NCR began holding
workshops in preparation of the coordinated action plan of
the region. In keeping with the revised OPMBCS strategy
framework, the 17 LGUs of the region were organized according
to the three major river systems that drain in Manila Bay. These
are the PAMARISAN (Pasig-Marikina-San Juan river); the
MANATUTE (Malabon-Navotas-Tullahan-Tenejeros river); and,
the PARLASPIZAP (Paraaque-Las Pias-Zapote) river system.

Within each river systems, on the other hand, member LGUs are
asked to prepare action plans on four major concerns, i.e., (1)
Solid Wastes; (2) Liquid Wastes; (3) Informal Settler Families;
and, (4) Habitats and Resources restoration. Presently, the
SCC-NCR is crafting its action plans for 2013-2016.

LIKASYAMAN Official newsletter of PAWCZMS/DENR-NCR

Editorial Adviser
RED NERIA A. ANDIN, CESO III
TERESA S. SALANGUIT
Chief, CMMD

Editorial Director
RTD DONNA MAYOR-GORDOVE

Editorial Board
PRIMO R. CAPISTRANO
Chief, PAWD

REY M.T. AGUINALDO

Manager, LPPCHEA

Managing Editor
CHRISTOPHER C. VILLARIN
DENR-NCR Production Nursery, North Ave., Diliman, Quezon City. Tel. No.

Chaired by Justice Velasco,

he is joined by former DENR
Secretary Elisea Gozun, former
DENR Undersecretary Dean
Antonio La Via and former
University of the Philippines
Marine
Science
Institute
Director Dr. Gil Jacinto in the
committee.
The MBAC has been regularly
meeting since then. It receives
and evaluates quarterly reports
of the mandamus agencies and
prepares
recommendations
to the SC. If approved, the
recommendation
acquires
the force and effect of an SC
Resolution.
Legal reforms
The effect of the mandamus
however is not limited to the
executive branch. As a result
of the Manila Bay case, the
SC has likewise implemented
appropriate changes in its rules.
In its recently issued Rules of
Procedure for Environmental
Cases, Justice Velasco said that
the SC has codified the Writ
of Continuing Mandamus as
one of the critical principal
remedies that may be sought
in environmental cases. As a
special civil action, the Writ of
Continuing Mandamus may

(Cont. from page 3)

be availed of to require the

performance of an act or a series
of acts decreed by final
judgment which shall remain
effective until judgment is fully
satisfied.
As expressly stated, the
writ shall be issued only
against a government agency
or instrumentality or officer
to perform its ministerial
functions and duties under
existing laws in connection
with the enforcement or
violation of an environment
law or regulations.
The petition for a writ of
continuing mandamus may be
filed with the RTC, the Court
of Appeals or with the SC. And
save for the SC, no court can
issue a temporary restraining
order or injunction against
lawful government actions
that enforce environmental
laws or prevent violations
thereof.Payment of docket fees,
moreover, is not required. The
hearing court, under the Rules,
is only given six (6) months
from date of filing to decide on
the petition.
Finally, under the rules, the
court is allowed to retain post
judgment jurisdiction to ensure
the successful implementation
of the reliefs decreed under its
decision. In other words, the
court may, by a directive to
be included in the judgment,
compel the submission of
periodic reports from the
responding
government
agencies as well as avail of other
medium to monitor compliance
with its decision.

...Reforming the system

(Cont. from page 2)

Even so, these changes are not expected to happen overnight or

without some glitches, here and there. History provides us with
many examples of revolutions and counter-revolutions and the
expected changes, if not guided by able leaders, may not come at
all. Fortunately, we have RED Andin and RTD Donna to steer the
boat while we row in unison.
Uncharted as the waters may be to the future, we are at least
assured that we are not aimlessly heading out in the rough seas.
Indeed, there remains much room for improvement but, as we
have proven in the past, we are not the type who backs out of
challenges. For now, what is important is that all systems are ago.