CA to DENR: Address Verde Island Passage pollution, NAA issues
Photo taken in September 2021 shows colorful corals that attest to the uniqueness of Verde Island Passage as an area rich in biodiversity and thus needing protection from unbridled commercial activity and industrial development. The area mainly covers the waters off Tingloy and Mabini towns in Batangas. (Photo from Protect VIP)
MANILA, Philippines — The Court of Appeals (CA) has once again ordered the Department of Environment and Natural Resources (DENR) to immediately issue the guidelines for identifying the designation of non-attainment areas (NAAs) and to commence proceedings that address the pollution complaints in the Verde Island Passage.
NAAs refer to regions where pollution levels have surpassed safe limits due to natural or man-made causes.
In a 20-page decision promulgated on May 20, the CA noted that the DENR and its Environmental Management Bureau (EMB) has yet to issue the appropriate guidelines for identifying NAAs.
This is despite an order on August 6, 2024 where the appellate court already ordered the DENR and the DENR-EMB to do so as part of their responsibilities under the Clean Water Act of 2004.
READ: CA: DENR failed to fulfill clean water act mandate
“Yet, based on respondents’ submissions, respondents DENR and DENR-EMB have not yet issued said guidelines despite having been endorsed for approval to the DENR as early as 11 September 2024,” the order read.
“There is also no showing from respondents’ submissions that there is a valid cause for the delay in the issuance of said guidelines,” it further added.
According to the CA, the purpose of issuing a writ of continuing mandamus in its decision in 2024 was to expedite the DENR and DENR-EMB’s compliance with its mandate under the Philippine Clean Water Act “considering the delay of 20 years in fulfilling said duty.”
“The writ of continuing mandamus would be rendered futile if respondent agencies would only initiate preparatory acts and not complete their mandate to fruition,” the CA said.
Due to this, the CA directed the DENR and the DENR-EMB to issue the guidelines immediately and submit a copy of the guidelines within one month from the date of promulgation.
The appellate court also ordered the DENR and the DENR-EMB to commence proceedings to address the complaints of pollution in Verde Island Passage within one month after the issuance of its guidelines and to report its status within three to months to the court and every month thereafter.
