SC asked to cite DENR in contempt for dolomite dumping at Manila Bay

The Supreme Court on Thursday was asked to cite the Department of Environment and Natural Resources (DENR) for contempt for dumping hazardous crushed dolomite in violation of the High Tribunal’s order to the government to clean up, rehabilitate, and preserve Manila Bay.

“Dumping artificial white sand to achieve an artificial Boracay-like beach in Manila Bay is a direct violation of the Continuing Mandamus,” Akbayan Citizen’s Action party said in a 16-page motion-in-intervention to cite the DENR in contempt.

Akbayan warned that the dumping of dolomite along Manila Bay “would most probably cause irreparable damage to the coastal environment of this national and historic body of water.”

Akbayan reminded that the SC issued the continuing mandamus in its landmark December 2008 decision which ordered 13 government agencies, including the DENR, to rehabilitate Manila Bay.

The SC directed the DENR in its decision “to fully implement its Operational Plan for the Manila Bay Coastal Strategy for the rehabilitation, restoration, and conservation of the Manila Bay at the earliest possible time.”

“The continuing mandamus judgment was issued to put an end to the era of delays, procrastination, and ad hoc measures. It made it a continuing duty of the agencies covered by the writ to act despite the absence of a specific pollution incident, and to consider the preservation of Manila Bay as a mandatory and directory duty,” Akbayan said.

However, the petitioner pointed out that the P389-million artificial beach enhancement project at the Manila Bay is “not in line with the duty of DENR in the continuing mandamus as such artificial beach enhancement project is not in the Manila Bay Sustainable Development Master Plan (MBSDMP).”

“The plans to beautify Manila Bay to the detriment of its ecosystem is a direct violation of the continuing mandamus. The dumping of crushed dolomite boulders on the foreshore areas of Manila Bay contravenes the order. It destroys the Manila Bay ecological habitat that is home to various species of flora and fauna. It exposes human residents to the health hazards of a mineral substance used for construction materials,” Akbayan told the SC.

The petitioner said Dolomite is “a non-metallic material used in manufacturing bricks, mortar, cement, concrete, plastics, paving materials, and other construction materials.”

“It has low solubility, which makes it resistant to the acid content of rain and soil,” it added.

Akbayan chair emeritus Etta Rosales, Akbayan Youth chair Dr. RJ Naguit, and Akbayan-Manila Youth Leader Rafaela David filed the petition.

The movants also called on the SC to immediately convene the Manila Bay Advisory Committee (MBAC) chaired by Chief Justice Diosdado Peralta to review and determine the effects of the dolomite dumping operations.

Rosales said the refusal of the DENR to submit public reports on the artificial beach enhancement project was gross and direct violations of the SC’s continuing mandamus. (with a report from Raymund Antonio)