REPUBLIC OF THE PHILIPPINES
THIRD JUDICIAL REGION
REGIONAL TRIAL COURT
Branch ____, Zambales
WILFREDO MESIANO, RAYMUNDO OLANO,
TEOFILO ROBERTO SR., LEONIDA ROBERTO,
ELENA DOMINGO, JOSE AYSON,
JOSE BALINTAY, JEVIR BORRE,
EFREN DIAGO SR., ROMEO DIONISIO,
JULIET DIONISIO, CONNIE DOMDOM,
AMADO LUSONG, JULIETA MALTO
LORENA MAMARIL, TERESITA DE DIOS TUBIGAN
--HEIRS OF THE FOLLOWING VICTIMS ---
JACQUELYN GUEVARRA and ALBERTO DE JESUS;
--PARENTS AND/OR LEGAL REPRESENTATIVES
OF THE FOLLOWING MINOR OR INCAPACITATED
VICTIMS--- ROMAR DEVILLENA, LAARNI MESIANO,
MICAH MESIANO, TEOFILO ROBERTO JR.,
ROCELLE AGUINALDO, JEOFREY BALINTAY,
JEVITA ROSE BORRE, JESICA BORRE,
JEROME DIONISIO, ALBERT DOMDOM,
NEIL DOMDOM, MARICAR LUSONG,
RAMIL MAMARIL, JAQUELYN TUBIG,
AND MAUEL LUIS ROMERO
PLAINTIFFS,
-- versus -- Civil Case No. _____________
For: Damages With Prayer
For Preliminary Mandatory
Injunction and Injunction
THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA; THE OFFICE OF THE SECRETARY OF THE DEPARTMENT OF THE NAVY OF THE UNITED STATES OF AMERICA; THE OFFICE OF THE PRESIDENT OF THE PHILIPPINES THRU THE INCUMBENT EXECUTIVE SECRETARY; THE DEPARTMENT OF NATIONAL DEFENSE (DND) AS REPRESENTED BY ITS INCUMBENT SECRETARY; THE DEPARTMENT OF FOREIGN AFFAIRS (DFA) AS REPRESENTED BY ITS INCUMBENT SECRETARY; THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR) AS REPRESENTED BY ITS INCUMBENT SECRETARY; THE DEPARTMENT OF HEALTH (DOH) AS REPRESENTED BY ITS INCUMBENT SECRETARY; THE DEPARTMENT OF SOCIAL WORKS AND WELFARE DEVELOPMENT (DSWD) AS REPRESENTED BY ITS INCUMBENT SECRETARY; THE BASES CONVERSION DEVELOPMENT AUTHORITY (BCDA); AND THE SUBIC BAY METROPOLITAN AUTHORITY (SBMA).
DEFENDANTS.
x--------------------------------------x
PLAINTIFFS, by undersigned counsel and unto this Honorable Court, most respectfully allege that:
This is the story of a people’s quest for justice against a superpower which once ruled their lives as a colonial sovereign and used their territory to advance the superpower’s military supremacy in Asia and in the world.
This is also the tale of their fight for justice against their own government which, by the manner it tolerated the superpower’s abusive deeds in the use of their territory, almost permitted the commission of such abusive acts.
In particular, this is the story of the plaintiffs as human victims of toxic waste contamination in the former Clark Air Base and Subic Naval Base.
But in general, this is also the story of the Filipino people, both present and future generations, whose environment, heavily damaged by the United States of America after almost a century of occupation and use, is the bigger victim. The damage to the environment in Clark and Subic will ever remain present, even for many long years to come, unless cleaned up, the cost of which has been estimated to reach “superfund” proportions reaching billions of U.S. dollars.
Essentially therefore, this is the Filipino people’s quest for justice for their environment, against the United States, undoubtedly a superpower, who occupied and used Clark and Subic for almost a century, as a colonial sovereign for the first 48 years and as a privileged tenant for the next 46 years.
A privileged tenant because it drafted by itself the terms and conditions of the 1947 Military Bases Agreement (MBA) and merely required the 8-month old Philippine government to sign and accept said agreement in March 1946.
A privileged tenant indeed because, strictly speaking under the 1947 MBA as amended, the US was not even required to pay any rental obligations to the Philippines for its occupation and use of Clark and Subic.
But more than all this, it was privileged because its landlord, the Philippine government, by gross negligence or sheer cowardice, did not assert its right and duty under the Constitution and pertinent laws to protect and preserve its environment and people from harm and degradation.
The people’s quest for justice began when, shortly after the US Air Force withdrew from Clark in November 1991, around 20,000 Filipino families rendered homeless by Mt. Pinatubo eruption were relocated by the Philippine government in Cabcom (Clark Air Base Command), a portion inside the former air base designated by the Philippine government as temporary evacuation center for all Mt. Pinatubo victims.
While these Mt. Pinatubo victims were in Cabcom, they were given and permitted by the Philippine government to install more than 200 pump wells. From these pump wells, the victims drew their daily water needs for drinking, cooking, milkmixing, bathing, laundry and other similar needs.
Initially, they complained of the odd odor, color and taste of the water drawn. Soon members of their families complained of severe stomach pains, irregular bowel movements, headaches, dizziness and other minor health complaints.
Later however, some of them acquired various skin disorders, while others had grown large cysts or masses in various body parts. Pregnant women suffered spontaneous abortions, still births, fetal deaths and birth defects or congenital deformities. Deaths due to leukemia, heart ailment, kidney disorder, lung problem, among others, began to surface in alarming numbers.
These deaths and illnesses brought to the fore the issue of toxic waste contamination not only in Clark Air Base but also in Subic Naval Base. As these deaths and illnesses got reported in national and international news, several studies and investigations were conducted in the areas by different groups.
All these studies and investigations were uniform in their discovery – that there are toxic chemicals and hazardous wastes found in both Clark and Subic. Some of these studies even identified certain specific areas as positively contaminated. Others vary only in their findings on the levels or degrees of toxins present.
Hence, whether or not there are toxins or contaminants in Clark and Subic is no longer an issue. The question only is the extent of the contamination, or put another way, the extent of the environmental damage.
But the much bigger question to ask is -– Did the U.S. Navy and Air Force have knowledge of the toxic waste contamination?
An overwhelming set of evidence, as well as an overwhelming dose of common sense, affirms that they do. A group of former employees at Clark and Subic, who are living witnesses to the actual handling and disposition of toxic chemicals and wastes in the former military bases, are willing to testify on this. Also, as contained in several available documents, a number of U.S. Air Force and Navy officials had admitted that practically all the lakes and rivers in the former bases, including the nearby bay areas, became their dumping sites for the wastes and chemicals they used in their operations.
It appears that for all those years that they were in the country, the US Navy and Air Force showed neither care nor concern on those portions of the Philippine environment they occupied and used. For according to them, under the 1947 Military Bases Agreement as amended, they have no legal obligation anyway to restore those portions of the Philippine environment to their condition prior to their occupation.
With that belief, aggravated by Philippine government’s gross negligence and failure to assert its right and duty to protect and preserve its environment, the US Navy and Air Force showed no serious effort to comply with the pertinent U.S. or Philippine environmental laws. They claimed that U.S. environmental laws are not applicable to overseas facilities like Clark and Subic. As to Philippine environmental laws, they maintained that the country had no environmental laws they could follow at that time. Which is the same to say that Philippine had no environmental laws in place until November 1992 when they -- U.S. Navy -- pulled out from Subic.
Thus, unlike in many countries like Germany and Italy, they did not set up a comprehensive program on toxic waste treatment and management in Clark and Subic. In particular, they did not install toxic waste treatment facilities and equipment that would have contained, lessened or prevented the toxic waste contamination in the former bases, but which would have required them tremendous amounts of money.
So for almost a hundred years, according to former base employees, the Americans merely dumped and disposed their daily load of solid toxic wastes and chemicals in a manner they saw convenient and inexpensive – in open landfills and shallow ground pits.
For almost a hundred years, they merely dumped and disposed their untreated liquid toxic wastes and chemicals in a manner they deemed convenient and inexpensive – i.e., directly into the lakes and rivers inside and nearby the bases, as well as into the bay areas adjacent to or near these bases.
For almost a century therefore, Clark and Subic, each of which is almost the size of the island of Singapore, became open dump sites for the toxic wastes and hazardous chemicals generated and used by U.S. Navy and Air Force not only in the Philippines but also in its wars in Vietnam and Korea.
And when they left the country in November 1992, after the Philippine Senate rejected the Treaty which would have extended the bases for ten more years, the U.S. Navy and Air Force merely dumped and abandoned their toxic wastes and hazardous chemicals in Clark and Subic in a manner that was manifestly reckless and with almost wanton disregard of Philippine environment.
Initially, when the numerous deaths and illnesses suffered by Cabcom residents came out in the national and international news reports, both the U.S. and Philippine governments chose to be silent on the issue.
Later on however, on several occasions, the US government, short of admitting responsibility and liability for the toxic waste contamination, made pronouncements that it will assist in the clean up of its former military bases. To date, however, it has not done anything concrete towards that direction.
The Philippine government, on the other hand, has already admitted in public last 3 July 2000, thru the Philippine Task Force for Toxic and Hazardous Wastes being chaired by Foreign Affairs Secretary Domingo Siazon, that certain sites in Clark and Subic are positively contaminated by toxic wastes and hazardous chemicals.
Notwithstanding all this however, when the victims demanded for the clean up of the former bases and the compensation for their deaths and illnesses, both the US and Philippine governments refused and denied liability therefor.
The U.S. government took the position that, under the 1947 MBA as amended, it has no legal obligation to restore those portions of the Philippine environment covered by Clark and Subic into their conditions prior to the occupation of the U.S. Air Force and Navy. It also maintained that, under the same 1947 MBA, the Philippine government has waived its claim for compensation or damages in exchange for the existing structures the U.S. Air Force and Navy left in Clark and Subic.
On its part, the Philippine government has placed itself in an awkward position in defense of the US government, claiming that Philippine courts have no jurisdiction over the US government.
In the meantime, not one of these two governments has shown any care or concern for the plight and condition of the human victims. Neither has extended any medical assistance or other forms of assistance to them. Neither of them has made any concrete moves to clean up the former military bases.
Hence, the Filipino people’s quest for justice remains.
1. Plaintiff VIRGINIA GUEVARRA is the mother of JACKLYN GUEVARRA who died while suffering from Cerebral Palsy. She is a Filipino, of legal age with residence at Blk. 24 Verbana St., Gordon Heights, Olongapo City.
2. Plaintiff ROMAR DEVILLENA is a minor suffering from leukemia. She is represented in this suit by his father RONALD DEVILLENA, Filipino, of legal age with residence at Blk. 24 Gordon Heights, Olongapo City.
3. Plaintiff WILFREDO MESIANO is of legal age, Filipino, with residence at 62 Gil St., New Banicain, Olongapo City.
4. Plaintiffs MICAH MESIANO, 2 years old suffering from cerebral palsy, and LAARNI MESIANO, 12 years old suffering from lung ailment, are the daughters of WILFREDO MESIANO, of legal age, Filipino, with residence at 62 Gil St., New Banicain, Olongapo City.
5. Plaintiff RAYMUNDO OLANO is of legal age, Filipino, with residence at 25 Gordon St., New Banicain, Olongapo City.
6. Plaintiff TEOFILO ROBERTO SR. is of legal age, Filipino, with residence at 34 Gordon St., New Banicain, Olongapo City.
7. Plaintiff TEOFILO ROBERTO JR. is of legal age but suffering from down syndrome. He is represented in this suit by his father TEOFILO ROBERTO SR., of legal age, Filipino, with residence at 34 Gordon St., New Banicain, Olongapo City.
8. Plaintiff LEONIDA ROBERTO is of legal age, Filipino, with residence at 34 Gordon St., New Banicain, Olongapo City.
9. Plaintiff ELENA DOMINGO is of legal age, Filipino, with residence at 1 18th St., West Bajac-bajac, Olongapo City.
10. Plaintiff JASPER DOMINGO is suffering from cerebral palsy. He is represented in this suit by his mother ELENA DOMINGO, of legal age, Filipino, with residence at 34 Gordon St., New Banicain, Olongapo City.
11. Plaintiff ROCELLE AGUINALDO is a minor suffering from cerebral palsy. She is represented in this suit by her father ROMULO AGUINALDO, of legal age, Filipino, with residence at 1505 Julo Tabacuhan, Purok 6-C, Sta. Rita, Olongapo City.
12. Plaintiff JOSE AYSON is of legal age, Filipino, with residence at Purok 2, New Cabalan, Olongapo City.
13. Plaintiff AURORA DE JESUS is the spouse of deceased ALBERTO DE JESUS. Plaintiff AURORA DE JESUS is of legal age, Filipino, with residence at Purok 7, Malikawat, New Cabalan, Olongapo City.
14. Plaintiff JOSE BALINTAY is of legal age, Filipino, with residence at Purok 2, New Cabalan, Olongapo City.
15. Plaintiff JOEFREY BALINTAY is a minor. He is represented in this suit by his mother NORMA BALINTAY is of legal age, Filipino, with residence at Purok 2, New Cabalan, Olongapo City.
16. Plaintiff JEVIR BORRE is of legal age, Filipino, with residence at Purok 2, New Cabalan, Olongapo City.
17. Plaintiffs JEVITA ROSE BORRE and JESSICA BORRE are minors. They are represented in this suit by their father JEVIR BORRE is of legal age, Filipino, with residence at Purok 2, New Cabalan, Olongapo City.
18. Plaintiff EFREN DIAGO SR. is of legal age, Filipino, with residence at Purok 2, Aguinaldo St., New Cabalan, Olongapo City.
19. Plaintiff ROMEO DIONISIO is of legal age, Filipino, with residence at Purok 2, New Cabalan, Olongapo City.
20. Plaintiff JULIET DIONISIO is of legal age, Filipino, with residence at Purok 2, New Cabalan, Olongapo City.
21. Plaintiff JEROME DIONISION is a minor suffering from hydrocephalus. He is represented in this suit by his mother JULIET DIONISIO, of legal age, Filipino, with residence at Purok 2, New Cabalan, Olongapo City.
22. Plaintiff CONNIE DOMDOM is of legal age, Filipino, with residence at Purok 3, New Cabalan, Olongapo City.
23. Plaintiff ALBERT DOMDOM is a minor suffering from skin disorder. He is represented in this suit by his mother CONNIE DOMDOM, of legal age, Filipino, with residence at Purok 3, New Cabalan, Olongapo City.
24. Plaintiff NEIL DOMDOM is of legal age but suffering mental retardation. He is represented in this suit by his mother CONNIE DOMDOM, of legal age, Filipino, with residence at Purok 3, New Cabalan, Olongapo City.
25. Plaintiff AMADO LUSONG is of legal age, Filipino, with residence at Purok 3, New Cabalan, Olongapo City.
26. Plaintiff MARICAR LUSONG is a minor suffering from congenital heart disease. She is represented in this suit by her mother CAROLINA LUSONG, of legal age, Filipino, with residence at Purok 2, New Cabalan, Olongapo City.
27. Plaintiff JULIETA MALTO is of legal age, Filipino, with residence at Purok 3, New Cabalan, Olongapo City.
28. Plaintiff LORENA MAMARIL is of legal age, Filipino, with residence at Purok 1, New Cabalan, Olongapo City.
29. Plaintiff RAMIL MAMARIL is a minor suffering from skin disease. He is represented in this suit by his mother LORENA MAMARIL, of legal age, Filipino, with residence at Purok 1, New Cabalan, Olongapo City.
30. Plaintiff JAQUELYN TUBIG is a minor suffering from leukemia. She is represented in this suit by her father POLICARPIO TUBIG, of legal age, Filipino, with residence at Purok 1, New Cabalan, Olongapo City.
31. Plaintiff TERESITA DE DIOS TUBIGAN is of legal age, Filipino, with residence at Purok 3, New Cabalan, Olongapo City.
32. Plaintiff MANUEL LUIS ROMERO is a minor suffering from epilepsy. He is represented in this suit by his grandmother ANITA ARIZO, of legal age, Filipino, with residence at Purok 1, New Cabalan, Olongapo City.
33. All the above plaintiffs may be served with notices and other processes of this Honorable Court at the address of the undersigned counsel as indicated hereunder.
34. Defendant Department of Defense of the United States of America is an agency of the Government of United States of America. It may be served a copy of this complaint, summons, notices and other court processes through the U.S. Embassy in the country located at Roxas Blvd., Manila, Philippines, represented in this suit by its incumbent U.S. Ambassador to the Philippines.
35. Defendant Department of the Navy of the United States of America is an agency of the Government of the United States of America. It may be served a copy of this complaint, summons, notices and other court processes through the U.S. Embassy in the country located at Roxas Blvd., Manila, Philippines, represented in this suit by its incumbent U.S. Ambassador to the Philippines.
36. Defendant Office of the President of the Philippines, through the Office of the Executive Secretary in Malacanang, Manila, is an agency of the Republic of the Philippines. It may be served a copy of this complaint, summons, notices and other court processes through the Office of the Solicitor General.
37. Defendant Department of the Health (“DOH” for brevity) is an agency of the Government of the Republic of the Philippines. It is represented in this suit by its incumbent Secretary. It may be served a copy of this complaint, summons, notices and other court processes through the Office of the Solicitor General.
38. Defendant Department of Environment and Natural Resources (“DENR” for brevity) is an agency of the Government of the Republic of the Philippines. It is represented in this suit by its incumbent Secretary. It may be served a copy of this complaint, summons, notices and other court processes through the Office of the Solicitor General.
39. Defendant Department of Social Welfare and Development (“DSWD” for brevity) is an agency of the Government of the Republic of the Philippines. It is represented in this suit by its incumbent Secretary. It may be served a copy of this complaint, summons, notices and other court processes through the Office of the Solicitor General.
40. Defendant Department of Foreign Affairs (“DFA” for brevity) is an agency of the Government of the Republic of the Philippines. It is represented in this suit by its incumbent Secretary. It may be served a copy of this complaint, summons, notices and other court processes through the Office of the Solicitor General.
41. Defendant National Disaster Coordinating Council (NDCC) is an agency of the Government of the Republic of the Philippines under and attached to the Department of National Defense (“DND” for brevity). It is represented in this suit by its incumbent DND Secretary. It may be served a copy of this complaint, summons, notices and other court processes through the Office of the Solicitor General.
42. Defendant Department of National Defense is an agency of the Government of the Republic of the Philippines. It is represented in this suit by its incumbent Secretary. It may be served a copy of this complaint, summons, notices and other court processes through the Office of the Solicitor General.
43. Defendant Subic Bay Metropolitan Authority (SBMA) is an agency of the Republic of the Philippines created by an act of Congress. It may be served a copy of this complaint, summons, notices and other court processes in its principal office at SBMA Compound, Olongapo City.
44. Defendant Bases Conversion Development Authority (BCDA) is an agency of the Republic of the Philippines created by an act of Congress. It may be served a copy of this complaint, summons, notices and other court processes in its principal office in Old Golf Club Bldg., Villamor Air Base, Pasay City.
JURISDICTIONAL FACTS
A. SUABILITY OF THE PHILIPPINE GOVERNMENT
45. The Plaintiffs enjoy the fundamental right to a balanced and healthful ecology guaranteed under Section 16, Article II of the Constitution which states:
“SEC. 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”
46. In turn, the aforementioned right is inextricably linked with the right of the people to health. Section 15, Article II of the Constitution reads:
“SEC. 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.”
47. In the case of Oposa versus Factoran (G.R. No. 101083, July 30, 1993), the Supreme Court expressly ruled that the rights of the Filipino people to a balanced and healthful ecology as well as to health are so basic that these “need not be written in the Constitution for they are assumed to exist from the inception of humankind.”
48. Apart from the inherent duties enshrined in the Constitution, the defendant-Agencies of the Philippine Government have the following responsibilities to the environment and the Filipino people under various domestic laws, to wit:
48.1 Under paragraph (c), Section 1 of Presidential Decree No. 1151 (The Philippine Environmental Policy), it is expressly stated that it is a declared policy of the State to:
“(a) Create, develop, maintain and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other;
(b) Fulfill the social, economic and other requirements of present and future generations of Filipinos; and
(c) Insure the attainment of an environment quality that is conducive to a life of dignity and well-being.”
48.1.1 In the same law, the Government “recognizes the right of the people to a healthy environment (Section 3, PD No. 1151).”
48.1.2 Pursuant to the foregoing, Section 2 of PD No.1151 expressly states that:
“SEC. 2. Goal—In pursuing this policy, it shall be the responsibility of the Government, in cooperation with concerned private organizations and entities, to use all practicable means, consistent with other essential considerations of national policy, in promoting the general welfare to the end that the Nation may…(b) assure the people of a safe, decent, healthful, productive and aesthetic environment…”
48.2 Under the Philippine Environment Code (Presidential Decree No. 1152), the Government, “through the appropriate agencies”, assumed the following responsibilities:
SEC. 8. Air Quality and Noise Standards.—The National Pollution Control Commission in coordination with appropriate government agencies shall be responsible for the enforcement of ambient air quality emission and noise standards, including the monitoring and surveillance of air pollutants, licensing and permitting of air pollution control facilities, and the promulgation of appropriate rules and regulations….
x x x
SEC. 11. Radioactive Emissions.—The release and emission of radioactivity into the environment incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, use and disposal of radioactive materials shall be regulated by the Philippine Atomic Energy Commission in coordination with other appropriate government agencies.
x x x
CHAPTER II.—Protection and Improvement of Water Quality
SEC. 19. Enforcement and Coordination.—The production, utilization, storage and distribution of hazardous, toxic and other substances such as radioactive materials, heavy metals, pesticides, fertilizers, and oils, and the disposal, discharge and dumping of untreated wastewater, mine tailings and other substances that may pollute any body of water of the Philippines resulting from normal operations of industries, water-borne sources, and other human activities as well as those resulting from accidental spills and discharges shall be regulated by appropriate government agencies pursuant to their respective charters and enabling legislation. In the performance of the above functions, the government agencies concerned shall coordinate with the National Environmental Protection Council and furnish the latter with such information as may be necessary to enable it to attain its objectives under Presidential Decree No. 1121.
Section 20. Cleanup Operations.—It shall be the responsibility of the polluter to contain, remove and clean up water pollution incidents at his own expense. In case of his failure to do so, the government agencies concerned shall undertake containment, removal and cleanup operations and expenses incurred in said operations shall be charged against the persons and/or entities responsible for such pollution….(underscoring supplied).
x x x
SEC. 42. Purpose.—The purposes of this Title are:
(a) To set guidelines for waste management with a view to ensuring its effectiveness;
(b) To encourage, promote and stimulate technological, educational, economic and social efforts to prevent environmental damage and unnecessary loss of valuable resources of the nation through recovery, recycling and reuse of wastes and waste products; and
(c) To provide measures to guide and encourage appropriate government agencies in establishing sound, efficient, comprehensive and effective waste management.
SEC. 43.—Waste Management Programs—Preparation and implementation of waste management programs shall be required of all provinces, cities and municipalities. The Department of Local Government and Community Development shall promulgate guidelines for the formulation and establishment of waste management programs.
Every waste management program shall include the following:
x x x
(b) a provision that the operation will not create pollution of any kind or will constitute public nuisance;
x x x
(f) a provision for the periodic revision of the program to insure its effective implementation.”
48.3 Through the Code on Sanitation of the Philippines (Presidential Decree No. 856), the Philippine government expressly declared that the “health of the people is of paramount importance” and all efforts of public services should be directed towards the protection and promotion of such. Accordingly, the Department of Health was vested with the following powers and functions:
“SEC. 3. Functions of the Department of Health.—The Department shall have the following powers and functions:
(a) Undertake the promotion and preservation of the health of the people and raise the health standards of individuals and communities throughout the Philippines;
(b) Extend maximum health services to the people in rural areas and provide medical care to those who cannot afford it by reason of poverty;
(c) Develop, administer and coordinate various health activities and services which shall include public health, preventive, curative and rehabilitative programs, medical care, health and medical education services;
(d) Upgrade the standards of medical practice, the quality of health services and programs to assure the people of better health services;
(e) Assist local health agencies in developing public health programs including medical care, and promote medical and public health research;
(f) issue permits to establish and operate government and private hospitals, clinics, dispensaries, schools of nursing, midwifery, and other paramedical courses, puericulture centers, clinical laboratories and blood banks;
(g) Prescribe standard rates of fees for health, medical, laboratory and other public health services; and
(h) Perform such other functions as may be provided by law.”
SEC. 4. Authority of the Secretary.—In addition to the powers and authority of the Secretary (of Health) which are provided by law, he is likewise empowered to promulgate rules and regulations for the proper implementation and enforcement of the provisions of this Code.
x x x
SEC. 8. Miscellaneous Provisions.—
a. International treaties, agreements and conventions.—The Republic of the Philippines recognizes international treaties, agreements and conventions on public health. Their provisions may be considered parts of this Code provided they do not contravene the Constitution, existing laws or any provision of this Code.”
PD 856 likewise states that:
SEC. 9. Prescribed Standards and Procedures.—Standards for drinking water and their bacteriological and chemical examination, together with the evaluation of results, shall conform to the criteria set by the National Drinking Water Standards. The treatment of water to render it safe for drinking, and the disinfection of contaminated water sources together with their distribution systems shall be in accordance with procedures prescribed by the Department (of Health).
SEC. 10. Jurisdiction of the Department (of Health).—The approval of the Secretary (of Health) or that of his duly authorized representative is required in the following cases:
a. Sites of water sources before their construction;
b. Delivery of water to consumers from new or recently repaired water systems;
c. Operation of a water system after an order of closure was issued by the Department (of Health);
d. Plans and specifications of water systems of subdivisions and projects prior to the construction of housing units thereat; and
e. Certification of potability of drinking water.”
On the matter of Sewage Collection And Disposal, PD No. 856 provides:
“SEC. 72. Scope of Supervision of the Department (of Health).—The approval of the Secretary or his duly authorized representative is required in the following matters:
x x x
b. Plans of individual sewage disposal system and the subsurface absorption system, or other treatment device;
c. Location of any toilet or sewage disposal system in relation to a source of water supply;
d. Plans, design, data and specifications of a new or existing sewerage system or sewage treatment plan;
e. The discharge of untreated effluent of septic tanks and/or sewage treatment plants to bodies of water;
x x x”
Anent the subject of Nuisances, the said law provides:
“CHAPTER XIX.—NUISANCES AND OFFENSIVE TRADES AND OCCUPATIONS
x x x
SEC. 85. Types of Nuisances.—For the purpose of this Chapter, the following shall be considered nuisances:
a. Public or private premises maintained and used in a manner injurious to health;
x x x”
Relative to the pollution of the environment, PD No. 856 provides thus:
“CHAPTER XX.—POLLUTION OF THE ENVIRONMENT
x x x
SEC. 88. Authority of the Secretary.—The Secretary (of Health) is authorized to promulgate rules and regulations for the control and prevention of the following types of pollution:
a. Pollution of pesticides and heavy metals;
b. Pollution of food caused by chemicals, biological agents, radioactive materials, and excessive or improper use of food additives;
c. Non-ionizing radiation caused by electronic products such as laser beams or microwaves;
d. Noise pollution caused by industry, land and air transport and building construction;
e. Biological pollutants including the causative agents of intestinal infections;
f. Pollution of agricultural products through the use of chemical fertilizers and plant pesticides containing toxic chemical substances and unsanitary agricultural practices; and
g. Any other type of pollution which is not covered by the provisions of Republic Act 3931, the Rules and Regulations of the National Water and Air Pollution Control Commission, the provisions of Presidential Decree 480 and the rules and regulations of the Radiation Health Office of the Department of Health which is likely to affect community health adversely.”
48.4 Under Presidential Decree No. 1586 (Establishing An Environmental Impact Statement System, Including Other Environmental Management Related Measures And For Other Purposes), it has been declared the policy of the State “to attain and maintain a rational and orderly balance between socioeconomic growth and environmental protection ( Section 1, PD No. 1586).”
48.4.1 Furthermore, Section 4 of the said law provides:
“SEC. 4. Presidential Proclamation of Environmentally Critical Areas and Projects.—The President of the Philippines may, on his own initiative or upon recommendation of the National Environmental Protection Council, by proclamation, declare certain projects, undertakings or areas in the country as environmentally critical. No person, partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his duly authorized representative. For the proper management ofsaid critical project or area, the President may, by his proclamation, reorganize such government offices, agencies, institutions, corporations or instrumentalities, including the realignment of government personnel; and their specific functions and responsibilities….”
48.5 Likewise, under Presidential Decree No. 1121 (Creating The National Environmental Protection Council), a National Environmental Protection Council under the supervision and control of the President of the Philippines was created with, among others, the following responsibility:
“SEC. 3. Powers and Functions of the Council.—
(a) To rationalize the functions of government agencies charged with environmental protection and with the enforcement of environment-related laws to the end that effective, coordinated and integrated systems of environmental protection, research and implementation and enforcement of such laws shall be achieved….”
48.6 The Marine Pollution Decree (Presidential Decree No. 979) declared that it is a national policy “to prevent and control the pollution of seas by the dumping of wastes and other matter which create hazards to human health, harm living resources and marine life, damage amenities, or interfere with the legitimate uses of the sea within the territorial jurisdiction of the Philippines (Section, PD No. 979).”
48.6.1 Section 4 of the said Decree likewise states:
“SEC. 4. Prohibited Acts.—Except in cases of emergency imperiling life or property, or unavoidable accident, collision, or stranding or in any case which constitute danger to human life or property or a real threat to vessels, aircraft, platforms, or other man-made structure, or if dumping appears to be the only way of averting the threat and if there is probability that the damage consequent upon such dumping will be less than would otherwise occur, and except as otherwise permitted by regulations prescribed by the National Pollution Control Commission or the Philippine Coast Guard, it shall be unlawful for any person to:
(a) Discharge, dump or suffer, permit the discharge of oil, noxious gaseous and liquid substances and other harmful substances from or out of any ship, vessel, barge, or any other floating craft, or other man-made structures at sea, by any method, means or manner, into or upon the territorial and inland navigable waters of the Philippines;
(b) Throw, discharge or deposit, dump, or cause, suffer or procure to be thrown, discharged or deposited either from or out of any ship, barge, or other floating craft or vessel of any kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state into the tributary of any navigable water from which the same shall float or be washed into such navigable water; and
(c) Deposit or cause, suffer or procure to be deposited material of any kind in any place on the bank of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary of high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed or increase the level of pollution of such water.
x x x
SEC. 6. Enforcement and Implementation.—The Philippine Coast Guard shall have the primary responsibility of enforcing the laws, rules and regulations governing marine pollution. However, it shall be the joint responsibility of the Philippine Coast Guard and the National Pollution Control Commission to coordinate and cooperate with each other in the enforcement of the provisions of this Decree and its implementing rules and regulations, and may call upon any other government office, instrumentality or agency to extend every assistance in this respect.”
48.7 Under the Clean Air Act of 1999 (Republic Act No. 8749), the Philippine State declared, among others, that (a) it shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature and (b) it recognizes the principle that “polluters must pay.”
48.8 Furthermore, the Philippine State formally recognized the following rights of Filipino citizens and declared that it shall guarantee their enjoyment:
(a) To breathe clean air;
(b) To utilize and enjoy all natural resources according to the principle of sustainable development;
(c) To participate in the formulation, planning, implementation and monitoring of environmental policies and programs in the decision-making process;
(d) To participate in the decision-making process concerning development policies, plans and programs, projects or activities that may have adverse impact on the environment and public health;
(e) To be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances;
(f) Access to public records which a citizen may need to exercise his or her rights effectively under the Act;
(g) To bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area and to seek the imposition of penal sanctions against violators of environmental laws; and
(h) To bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity.
49. In the same manner, the Philippine State has express obligations to the Filipino people and the world community with respect to the protection of the environment under the general principles of international law, to wit:
29.1 The Duty To Avoid Environmental Harm
Under international law, all states, including the Philippines, have the obligation to control sources of harm to others or to the global environment.
Principle 21 of the 1972 Stockholm Declaration On The Human Environment affirms both the sovereign right of states to exploit their own resources “pursuant to their own environmental policies” and their responsibility “to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or to areas beyond the limits of national jurisdiction.” The aforesaid Principle has been regarded by the States present in the Stockholm Conference and by the General Assembly of the United Nations as reflecting customary international law.
&nbs