Tag Archives: MMDA

Manila Bay fishers staged 70- boat fluvial protest against baywide reclamation, demolition

By Mama Mila Liguasan and Billy Javier Reyes

Pasay City- Fisherfolk affected by ongoing government projects in Manila Bay yesterday staged a 70-boat fluvial protest from Barangay Sineguelasan in Bacoor, Cavite to the coastal shore of the Philippine Senate to demand an immediate stop on all reclamation activities along the bay, including the construction of the controversial R-1 Expressway Extension Project and the demolition of some 26,000 coastal families.

The fluvial action was organized by the fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya), its regional chapter Pamalakaya-Southern Tagalog and staunch allies Samahang Magdaragat ng Bacoor, Cavite (SMBC), Anakpawis party list and the Alyansa ng mga Magdaragat ng Bacoor Inc (AMB). Small fishermen from Paranaque and Las Pinas also joined the water-based mass action.

The 70-boat fluvial protest participated by more than 300 fishermen across Bacoor Bay and parts of Manila Bay in Las Pinas and Paranaque disembarked at the coastal shore of the Philippine Senate by lunch time. At the Senate, they were met by Senator Jamby Madrigal, chair of the Senate Committee on Environment, who invited their leaders as resource persons to the 1 pm senate hearing called by the opposition senator to investigate the impact of government projects and reclamation activities on Manila Bay environment.

“The twin catastrophe across Luzon left by storm Ondoy and typhoon Pepeng should serve as lesson to the current occupant in Malacanang and their cherished clients from the corporate world. The unstoppable greed for super profits of big business clients of Malacanang and the equally unbridled fetish of state officials for fat kick backs and huge commissions should be blamed for this full-blown humanitarian crisis and all time high environmental disaster,” said Pamalakaya national chair Fernando Hicap in a press statement.

Hicap added: “Enough is enough. The government master plan of destruction in Manila Bay should be smashed into pieces at all cost.”

The Pamalakaya official said the infrastructure projects undertaken by the government in partnership with foreign investors along Manila Bay had destroyed the capability of the bay to provide livelihood to millions of small fishermen and residents along the bay, adding that government destructive projects which started in the late 70s and early 80s caused the alarming reduction in the average fish catch of small fisherfolk from 5 kilos to 10 kilos daily, to an average 1 kilo to 3 kilos a day.

Hicap said government reclamation projects which served as host grounds for industrial, commercial and infrastructure projects will continue to frustrate efforts aimed at rehabilitating Manila Bay. He said the demolition of fishing communities and urban poor is not the solution to the problem.

The fluvial protester said the condition of Manila Bay further deteriorated when previous governments allowed the reclamation of more than 20,000 hectares of coastal areas since the time of former President Ferdinand Marcos. Government and private establishments like Folk Arts Theater, Cultural Center of the Philippines, the Coconut Palace, the GSIS and the Senate building and now the SM Mall of Asia were constructed along these reclaimed portions of Manila Bay.

Pamalakaya-Timog Katagalugan chair Pedro Gonzalez said the R-1 Expressway Extension project had already reclaimed 60 percent of the target 7,000 hectares of coastal areas along Bacoor Bay that includes the municipalities of Bacoor, Kawit, Binakayan, Noveleta and Cavite City. He said the government also intends to reclaim another 5,000 hectares of submerged public lands in Cavite City to expand the Sangley Point Naval Base which the government will develop into a major international seaport in Southern Tagalog region.

Gonzales maintained that aside from destroying the marine environment and killing the livelihood of coastal people, these reclamation and other government sanctioned projects will displace 26,000 fisherfolk families and urban poor residents along Bacoor Bay. Last year, the government demolished 1,000 families in several coastal villages of Bacoor.

Pamalakaya recalled that on June 21, 2007, President Arroyo signed Executive Order No. 629 directing the PRA to develop Sangley Point in Cavite City into a logistical hub with modern seaport and an airport, citing the R-1 expressway extension project as enabling component. The group said the R-1 extension project resulted to diminished fish catch and destruction of remaining corals and mangroves in Bacoor Bay. The same Cavite road project is also being blamed for the flooding in Bacoor and nearby coastal towns in the province.

Pamalakaya and allied groups said Palace top officials and other government officials like environment secretary Joselito Atienza, Metro Manila Development Authority chair Bayani Fernando, Laguna Lake Development Authority general Manager Edgar Manda and Cavite governor Ayong Maliksi are exploiting the Supreme Court ruling on Manila Bay clean up to effectively remove small fishermen and urban poor from their main source of livelihood and coastal villages to enable the national government to pursue flagship projects funded by big business groups #

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Militants question P1.1 B billion MMDA budget for Manila Bay clean up

Militants question P1.1 B billion MMDA budget for Manila Bay clean up

The fisherfolk activist group Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) on Tuesday vowed to question the P 1.1 billion budget allocated by the Department of Budget and Management (DBM) to the Metro Manila Development Authority (MMDA) in connection with the Manila Bay clean up.

Pamalakaya national chair Fernando Hicap said his group will prepare a position paper opposing the huge public fund allocated by Malacañang and will submit once the House of Representatives discusses the 2010 national budget pertaining to MMDA and the Manila Bay clean up.

“The clean up should be undertaken collectively and separately by local government units situated along the bay, together with concerned government agencies. The MMDA should be taken out of the picture since its functions overlap with the functions of government agencies and local government units. The best thing to do is to abolish the MMDA,” said Hicap.

“P 1.1 billion is P 1.1 billion. This will make the MMDA the government’s super agency in the National Capital Region. Given its notorious records of high crimes of corruption, daily political arrogance and extreme brutality, the proposed budget for MMDA’s Manila Bay clean up will make it an uncontrollable monster in 2010,” the Pamalakaya leader added.

Hicap said the huge budget allocated for the MMDA could be one the compelling reasons why the Armed Forces of the Philippines (AFP) suddenly inked a pact with MMDA, to maximize not only its human resources, but as well the huge funds allocated to it for counter-insurgency operations and urban militarization.

“The P1.1 billion MMDA budget is really a mouth-watering banana for the AFP. The military can exploit the people of MMDA and its resources,” he added.

Pamalakaya said instead of giving MMDA the lion’s share in the budget for Manila Bay clean up, Metro Manila lawmakers and local government units representing all cities and municipalities in the National Capital Region should call for the abolition of the authority.

“National and local candidates who will call for the abolition of MMDA will earn the respect and the desired votes from Metro electorates. It is an electoral agenda voters from all classes A,B,C,D and E will support. It is winning electoral piece for 2010,” the group observed.

DBM Secretary Rolando Andaya said the government has allocated over one billion pesos, P 848 million for MMDA’s solid waste disposal and management and another P 250 million for the relocation of informal settlers on open waterways in Metro Manila for a grand total of P 1.098 billion for the clean up of Manila Bay.

Andaya said, the MMDA will spend P 223-million for operational support, maintenance, repair and rehabilitation of flood control systems, P 100 million for the mitigation of floods in the Gil Puyat Avenue-South Superhighway Area. The authority will also allot P 58 million for flood control and drainage projects in Metro Manila, and another P 50-million for urgent flood control projects.

The P 1.1 billion allocation for MMDA is part of the P 1.6 billion the government had alloted for the Manila Bay clean up. Pamalakaya said the P 1.1 billion for MMDA will be used to demolish fisherfolk and bay people, as well as hundreds of thousands of urban poor families along Pasig River in response to the Supreme Court ruling on Manila Bay. #

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Palace’s P 1.6 B budget for Manila Bay clean up meant for “demolition jobs”, says fishers group

Palace’s P 1.6 B budget for Manila Bay clean up meant for “demolition jobs”, says fishers group

The left-leaning fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) on Tuesday said the P 1.6 billion Malacañang has allocated for Manila Bay clean up is meant to carry out the baywide demolition of fisherfolk and urban poor communities along the bay that would extend to Pasig River up to Laguna Lake.

“The P 1.6 billion fund for Manila Bay clean up is a campaign fund to undertake the massive demolitions of bay people and urban poor from their main source of livelihood and communities. This is a declaration of war,” said Pamalakaya national chair Fernando Hicap in a press statement.

According to Hicap the P 1.6 billion Palace allocations will target 13 million out of the 30 million population of Manila Bay, including urban poor families along Pasig River and the 27,000 fisherfolk families in Laguna Lake.

To prove that the fund was meant for “demolition jobs”, the Pamalakaya leader recalled that sometime last year, the Department of Environment and Natural Resources (DENR) granted the request of the Cavite provincial government for assistance in demolishing fishepens and mussel growing structures in Bacoor Bay.

“If my memory serves me right, last year, DENR secretary gave Cavite Gov. Ayong Maliksi not less than P 800,000 for the demolition of fishpens and other structures in Cavite in the name of the bogus Manila Bay clean up,” added Hicap.

Pamalakaya said the planned demolition of 4,000 Cavite fisherfolk and residents starting tomorrow will be funded by the P 1.6 billion Palace allocations for Manila Bay through the Department of Interior and Local Government (DILG), the DENR and the Metro Manila Development Authority (MMDA) who will help the the Cavite provincial government in carrying out the demolitions from Bacoor to Cavite City.

The militant group said in Cavite alone, more than 26,000 fisherfolk and urban poor residents in 10 barangays of Bacoor town will be displaced once the Manila Bay clean up programs go full blast.

Pamalakaya said the government is exploiting and abusing the Supreme Court ruling on Manila Bay clean up to effectively carry out the demolitions of communities to pave way for the entry of foreign funded government projects like road expansion and establishment of high rise buildings and condominiums, including casinos and high end rest and recreation centers.

The group said the reclamation of shallow waters in Manila Bay to allow the construction of R-1 Expressway Extension Project and the conversion of Sangley Naval Point into an international seaport spurned the destruction of Manila Bay. Pamalakaya said the government since last year had already reclaimed some 12,000 hectares of coastal waters in Bacoor Bay.

In a compliance report submitted to the Supreme Court yesterday, Budget Secretary Rolando Andaya Jr. told the high court that the fund allocation was part of next year’s proposed national budget for the cleanup, restoration and preservation of the bay’s water quality.

Andaya explained the budget deliberations for the fiscal year 2010 National Expenditure Program will commence September of 2009 and will continue until the same is passed by Congress and approved by the President as the General Appropriations Act of FY 2010.

He said the recipients of the P1,644,721,000 fund allocation include proposed programs, projects and activities of DENR and MMDA.

Secretary Andaya and five other members of the Cabinet were among the heads of 10 government agencies whom an environmentalist lawyer wanted to be cited for contempt by the Supreme Court for failing to comply with the court’s requirement for regular progress reports in connection with the Manila Bay cleanup.

The other officials were Interior Secretary Ronaldo Puno, Health Secretary Francisco Duque III, Agriculture Secretary Arthur Yap, Public Works Secretary Hermogenes Ebdane, Education Secretary Jesli Lapus, Jojo Allado of the Metropolitan Waterworks and Sewerage System, and the heads of the Philippine Coast Guard, Philippine Ports Authority and Maritime Police.

The DBM report strressed that the biggest allocations related to the Manila Bay cleanup are those for the MMDA’s solid waste disposal and management that cost P848,525,000, and the relocation of informal settlers on open waterways in Metro Manila, P250 million.

The MMDA share includes P223,626,000 for operational support, maintenance, repair and rehabilitation of flood control systems costing, and P100 million for the mitigation of floods in the Gil Puyat Avenue-South Superhighway area.

The MMDA’s flood control and drainage projects in Metro Manila were given P58 million, while its urgent disaster flood control projects under the Pasig-San Juan-Marikina River systems and other areas were allocated P50 million.

The top recipient under the DENR programs is the Environmental Management Bureau’s monitoring of waterways, including the Manila Bay. The program was given a budget of P75.57 million.

The Office of the Environment Secretary was given P35 million for programs related to rehabilitation of the bay.

Of the amount, P20 million was set aside for physical and water quality, monitoring, mangrove reforestation and stream bank protection, bio-ecological monitoring, advocacy and communication, inventory of and support for dismantling of illegal structures, monitoring of industries and the natural process of cleaning up of degraded, toxic and sewage water and bodies of water.

A budget of P15 million was allotted as the office’s intelligence fund for gathering data on offenders of illegal forest extraction, illegal fish pens, smuggling of ozone-depleting substances and small-scale mining.
#

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Gov’t officials “used and abused” SC ruling on Manila Bay to effect baywide demolition, fishers told Senate hearing

Gov’t officials “used and abused” SC ruling on Manila Bay to effect baywide demolition, fishers told Senate hearing

The left-leaning fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) on Tuesday said Cavite Governor Ayong Maliksi, along with environment and natural resources secretary Joselito Atienza, former Senator Ramon Revilla Sr., chair of the Philippine Reclamation Authority (PRA) and public works and highway secretary Hermogenes Ebdane used and abused the Supreme Court ruling on Manila Bay to effect widespread demolition along the bay.

At the Senate consultative hearing called by Senator Jamby Madrigal, chair of the Senate Committee on the Environment held in Barangay Sineguelasan, Bacoor, Cavite, Pamalakaya national chair Fernando Hicap asserted that the controversial R-1 Expressway Extension Project being pushed by the national government in cooperation with the Department of Environment and Natural Resources (DENR), the Department of Public Works and Highways (DPWH), the PRA and the Cavite provincial government is contrary to high court ruling thrust to bring the bay back to its pristine state and historical glory.

“The 11-kilometer expressway project is a road to perdition and a highway to destruction. But for President Gloria Macapagal-Arroyo and her officials, the R-1 undertaking is a multi-billion peso finance campaign worthy of millions of pesos of huge kickbacks in return. And to effectively carry out this P 4.3-billion road project, they are exploiting and prostituting the SC ruling on Manila Bay,” added Hicap.

The Pamalakaya leader said the SC decision mandates the national government and concerned government officials and agencies to restore Manila Bay to its clean and productive state. Hicap said the ruling does not mention anything about the right of the state to evict poor fisherfolk and urban poor families from their main source of livelihood and communities.

“We have read and studied the SC decision on Manila Bay. The high tribunal is mandating the government to clean up the bay of wastes, not to clean this fishing ground of fisher people. The fisherfolk are part of the Manila Bay’s ecological life and survival and they are not wastes, nothing more, nothing less,” Hicap added.

Pamalakaya’s legal counsel Atty. Jobert Pahilga, executive trustee of Sentra Para Sa Tunay na Repormang Agraryo (Sentra) and campaign advocacy officer of the National Union of Peoples’ Lawyers (NUPL) last Feb.23 assisted the group and the affected fishermen belonging to Samahang Magdaragat ng Bacoor, Cavite (SMBC) in filing a motion to intervene before the Supreme Court in the Manila Bay clean up case.

The motion also asked the high tribunal to effectively rule a status quo while the issues raised against the R-1 Expressway Extension Project and the massive demolitions in Manila Bay have still be addressed and resolved by the high court.

Pamalakaya accused President Arroyo, Gov. Maliksi, Atienza, Ebdane and Revilla Sr. of destroying the remaining corals and mangroves of Manila Bay by pushing the R-1 Expressway Extension Project by allowing the reclamation of 7,500 hectares of the submerged public properties along the bay to give way to road construction.

“Reclamation will hasten the death of Manila Bay which is currently under the Intensive Care Unit and in full environmental comatose. That undertaking by design and by orientation, and by law is against the SC decision on Manila Bay,” the militant group said.

Pamalakaya said the R-1 expressway extension project will displace 26,000 fisherfolk families and urban poor residents in the coastal towns of Bacoor, Kawit, Binakayan, Noveleta and Cavite City. Last year, around 1,000 fishing and urban poor families were demolished and relocated to Tanza. The Department of Public Works and Highways (DPWH) promised to give P 15,000 to each family whose houses were demolished.

The militant group recalled that on June 21, 2007, President Arroyo signed Executive Order No. 629 directing the PRA to develop Sangley Point in Cavite City into a logistical hub with modern seaport and an airport, citing the R-1 expressway extension project as enabling component. The Pamalakaya leader said the Sangley Point project was Mrs. Arroyo’s birthday gift to Revilla.

Pamalakaya said the R-1 extension project resulted to diminished fish catch and destruction of remaining corals and mangroves in Bacoor Bay. The same Cavite road project is also being blamed for the flooding in Bacoor and nearby coastal towns in the province.

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Pamalakaya’s petition to Supreme Court regarding Manila Bay ruling

Republic of the Philippines
SUPREME COURT
Manila

METROPOLITAN MANILA G.R. Nos. 171947-48
DEVELOPMENT AUTHORITY, ET AL.,
Petitioners,

– versus –

CONCERNED RESIDENTS OF
MANILA BAY, represented and
joined by DIVINA V. ILAS, ET AL.,
Respondents.
x – – – – – – – – – – – – – – – – – – – – – – – – – – x

PAMBANSANG LAKAS NG MGA MAMALAKAYA NG PILIPINAS (PAMALAKAYA) AND PAMBANSANG LAKAS NG MGA MAMALAKAYA NG PILIPINAS-SOUTHERN TAGALOG (PAMALAKAYA-ST), as represented by PEDRO GONZALES, ANAKPAWIS PARTYLIST as represented by CHERRY CLEMENTE, SAMAHANG MAGDARAGAT NG BACOOR CAVITE as represented and joined by MICHELLE P. GAYO, JIMBOY FRANCISCO, LUZAINE MILABO, ROGELIO CANTON, RENATO PRIETO, EDITO FERNANDEZ, EVELYN MARANA, SUSAN PAEZ, JESUS BALQUIN, DONATO VILLAFUERTE, ERLINDA QUILAPIO, ILUMINADA CABORNAY, CHARITO FRANCISCO, EDITO FERNANDEZ, GONDILINDA FERNANDEZ, REYNALDO SALAC, NENITA LAGARAN, SARAH CARNAJE, and RODOLFO TORRES
x – – – – – – – – – – – – – – – – – – – – – – – – – x
VERY URGENT AND RESPECTFUL MOTION
FOR LEAVE TO INTERVENE

MOVANTS, by the undersigned counsel, unto the Honorable Court, most respectfully aver that:

Prefatory Statement:

1. Movants small fishermen of Manila Bay are one with the public in approving the Decision of the Honorable Court promulgated on December 18, 2008, for the clean-up and rehabilitation of the Manila Bay. Unfortunately, however, the decision was used and abused by the petitioners, making it the basis for the illegal and incessant demolition of their houses, fish traps and fish cages and the destruction of one of their livelihood which is growing of mussels.

2. Let it be told that the decision of the Honorable Court does not warrant or suggest that the rights of small fishermen in the Manila Bay be trampled upon. Nothing in the decision gives the petitioners, especially the Department of Environment and Natural Resources (DENR) the authority to demolish and destroy the houses and source of livelihood of the movants. They or the structures they have put up in Manila Bay were not the source of the pollution, toxic waste or contamination of the bay.
3. It is on this premise that movants hereto move that they be allowed to intervene and given the opportunity to be heard on this noble issue of cleaning, protecting and rehabilitating the Manila Bay. They should not bear the brunt of the decision but the real culprit behind the sorry state of the Manila Bay. They should not be deprived of life, livelihood and property by the erroneous interpretation and implementation of the petitioners of the Honorable Court’s decision. For rightly so, they are not the cause of the effluence of the Manila Bay but some other factors, which, unfortunately were not given much attention by the petitioners.

The Movants:

4. Movant Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (hereinafter referred to as PAMALAKAYA), represented by its Chairperson Fernando Hicap, with office address at No. 18-A Mabuhay St., Central District, Diliman, Quezon City, is a people’s organization and a national federation of forty-three (43) provincial fisherfolks organizations duly registered with the Securities and Exchange Commission (SEC). It is filing this petition for and in behalf of its members comprising of the small fisherfolks of Manila Bay especially the victims of the illegal demolition of houses and the unauthorized destruction of fish traps, fish pens and cages because of the erroneous interpretation and application of the respondents of the Honorable Court’s decision. It can be served with notices, orders, resolutions and other process of the Honorable Court through the undersigned counsel at Sentro para sa Tunay na Repormang Agraryo (SENTRA), 161-B Chico St., Project 2, Quezon City;

5. Movant PAMALAKAYA-Southern Tagalog is the regional organization of PAMALAKAYA in the Southern Tagalog Region whose members especially those who are residing in the Province of Cavite are small fisherfolks in Manila Bay. It is being represented herein by its Secretary General Pedro Gonzales. It is filing this petition for and in behalf of its members, the small fisherfolks of Manila Bay, who are the victims of the illegal demolition of houses and the unauthorized destruction of fish pens and cages because of the erroneous interpretation and application of the respondents of the Honorable Court’s decision. It can be served with notices, orders, resolutions and other process of the Honorable Court through the undersigned counsel;

6. Anakpawis Partylist is a duly-accredited partylist organization that has currently one seat in the 14th Congress with address at Anakpawis Party-List National Headquarters, No. 56 K-9th Street, Quezon City. It is being represented herein by its Secretary General Cherry Clemente. It is filing this petition for and in behalf of the small fisherfolks of Manila Bay especially the victims of the illegal demolition of houses and the unauthorized destruction of fish pens and cages because of the erroneous interpretation and application of the respondents of the Honorable Court decision. It can be served with notices, orders, resolutions and other process of the Honorable Court through the undersigned counsel;

7. Samahang Mandaragat ng Bacoor Cavite is an organization of small fisherfolks in Bacoor, Cavite residing and fishing in the Manila Bay. It is a municipal chapter of PAMALAKAYA whose members are the ones directly affected and victimized by the illegal demolition of houses and the unauthorized destruction of fish pens and cages because of the erroneous interpretation and application of the respondents of the Honorable Court’s decision. It can be served with notices, orders, resolutions and other processes of the Honorable Court through the undersigned counsel;

8. Michelle Gayo, Jimboy Francisco, Luzaine Milabo, Rogelio Canton, Renato Prieto, Edito Fernandez, Evelyn Marana, Susan Paez, jesus baquin, Donato Villafuerte, Erlinda Quilapio, Iluminada Cabornay, Charito Francisco, Edito Fernandez, Gondilinda Fernandez, Reynaldo Salac, nenita Lagaran, Sarah Carnaje and Rodolfo Torres are members of Samahang Mandaragat ng Bacoor Cavite. They are filing the instant motion as representatives of their organization and in their individual capacities being themselves the victims of the illegal demolition and the unauthorized destruction of their fish pens and cages because of the erroneous interpretation and application of the respondents of the Honorable Court decision.

Reason for the Intervention:

9. Movants have been adversely affected by the erroneous interpretation and implementation of the petitioners-agencies, especially the DENR, of the Honorable Court’s decision. They have no other plain, speedy and adequate remedy in the ordinary course of law. They are directly filing this motion to the Honorable Court as it was its very decision that has been used to justify the demolition and destruction of the source of livelihood of the movants by the petitioners-government agencies;

10. On December 18, 2008, the Honorable Court in the instant case rendered a decision directing the petitioners 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 [1990]) to make them fit for swimming, skin-diving, and other forms of contact recreation;

11. Supposedly pursuant to the above-stated decision, the DENR, in February caused the destruction of the mussels, fish cages and fish traps of the movants. Ostensibly, however, the decision of the Honorable Court was merely used as cloak to justify the intention of the DENR to get rid of the structures established and used by the movants to grow mussels and to catch fishes in Manila Bay in order to give way to the construction of R-1 Expressway Extension Project of the Philippine Reclamation Authority. Thus, on the guise of implementing the decision of the Honorable Court for the clean up, protection and rehabilitation of Manila Bay, the DENR has dismantled the structures used by the movants for growing mussels and for catching fishes in the Manila Bay. But it could not be denied that their real intent is to get rid these structures to allow the unhampered construction of R-1 Expressway Extension Project and reclamation of the portion of the Manila Bay without risk of civil, criminal and/or administrative suits and without compensating anything to the movants.

12. Let it be noted that the 7-kilometer R-1 Expressway Extension Project will involve the reclamation of 7,500 hectares of submerged public lands and mangrove areas in Manila. The project which is approximately 40 percent completed will further destroy the remaining coral and mangrove areas in the Cavite portion of Manila Bay and will remove 26,000 fisherfolk and urban poor families, including herein movants from their main source of livelihood and abode;

13. It must be said then, that the misplaced interpretation and interpretation of the decision of the Honorable Court by the DENR will defeat the significance and usefulness of the decision. The DENR has led its sight to the small fishermen, which includes herein movants, while turning a blind eye to the destructive effect of the construction of the reclamation projects in Manila Bay;

14. As it was already the case and because the clean up, protection and rehabilitation of Manila Bay is a continuing act, movants will be adversely affected by the acts of the petitioners. They are mistakenly being targeted as the source of the pollution that beset the Manila Bay for which reason petitioners are supposedly justified to dismantle their houses, fish pens or fish traps and the other structures used to grow mussels therein. On the otherhand, the petitioner-government agencies, especially the DENR, has not lifted any finger to stop, or even just to investigate the harmful effects of the reclamation activities undertaken in the Manila Bay.

15. As such, movants have the right to intervene as their rights have already been trampled upon, violated and adversely affected by the erroneous interpretation and implementation of the Honorable Court’s decision by the petitioner-agencies while they ignore the plea to study the effects of the on-going reclamation projects in the Manila Bay;
16. As they were directly affected and in fact are the actual victims of the erroneous interpretation and application of the respondents of the Honorable Court’s decision adverted to above, they have likewise the right to intervene to seek protection from the Honorable Court of their rights and interest. In the minimum, they expect clarification from the Honorable Court on the application of the decision to their right to life, property and livelihood.

17. As there is already an on–going construction of R-1 Expressway Extension Project, which directly affects their livelihood and will destroy the further destroy the remaining coral and mangrove areas in the Cavite portion of Manila Bay, movants who are directly affected thereof has also the right to bring to the attention of the Honorable Court that the reclamation of the Manila Bay is the first and foremost reason of the effluence and destruction of Marine Life thereof and not the fishing activities of the small fishermen thereon;

18. The task of this Intervention, therefore, is to enable movants to articulate their position on the noble purpose of cleaning, protecting and rehabilitating the Manila Bay; to seek clarification and protection from the Honorable Court on the scope of the decision to the small fishermen of the Manila Bay; to bring to the attention of the Honorable Court the misplaced interpretation and implementation of the decision by the government agencies; and the neglect to include the reclamation activities in the Manila Bay as the first and foremost reason for its destruction.

19. Considering the foregoing, and the imperative need to bring to the attention of the Honorable Court the above-matters, which are matters of fundamental importance in the clean up, rehabilitation and protection of Manila Bay, movants most respectfully beg leave of the Honorable Court to allow them to intervene in these proceedings;

20. Movants is not unaware that Intervention, as provided under Rule 19 of the Rules of Civil Procedure should be filed at any time before rendition of judgment. But they submit that the rules is applicable only when the case is pending before the trial court but not before the Honorable Court that has the all-encompassing power to relax the rules and set aside technicalities all in the interest of justice and due process. More importantly, movants submit that the case has not yet been concluded with finality as the orders it has issued to the government agencies concerned were not yet followed and implemented. As was already stated above, the clean up, rehabilitation and protection of Manila Bay is a continuing process and would take a long period of time to be materialized. As such, legally and technically, this case did not end with the promulgation of the decision.

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed that the movants be allowed to intervene in these proceedings and that the memorandum hereto attached be admitted and considered.

OTHER RELIEF, just and equitable under the premises, is likewise prayed for.

February 23, 2009, Quezon City for Manila.

JOBERT I. PAHILGA
Counsel for the Intervenors
PTR No. 0631912/03-06-2008/Navotas
IBP No. 748133/03-17-2008/Antique
MCLE Compliance No. II-0012413/09-08-2008
Roll No. 48289

SENTRO PARA SA TUNAY NA REPORMANG AGRARYO (SENTRA)
161-B Chico St., Project 2, Quezon City

Copy furnished:

OFFICE OF THE SOLICITOR-GENERAL
134 Amorosolo St., Legaspi Village
Makati City

ATTY. ANTONIO OPOSA
Counsel for the Respondents
6-J Westgate Tower, Investment Drive
1780 Alabang, Muntinlupa City
Republic of the Philippines )
Quezon City ) s.s.

VERIFICATION/CERTIFICATION

WE, FERNANDO HICAP, CHERRY CLEMENTE, MICHELLE GAYO, JIMBOY FRANCISCO, LUZAINE MILABO, ROGELIO CANTON, RENATO PRIETO, EDITO FERNANDEZ, EVELYN MARANA, SUSAN PAEZ, JESUS BAQUIN, DONATO VILLAFUERTE, ERLINDA QUILAPIO, ILUMINADA CABORNAY, CHARITO FRANCISCO, EDITO FERNANDEZ, GONDILINDA FERNANDEZ, REYNALDO SALAC, NENITA LAGARAN, SARAH CARNAJE and RODOLFO TORRES, all of legal age, Filipino, after having been duly sworn to in accordance with law, hereby depose and state that:

1. We are the intervenors in this case;

2. We have caused the preparation of this motion; have read and understood the contents thereof; and that the same are true and correct of my personal knowledge and based on authentic records.

3. We further certify that we have not commenced any other action or proceedings involving the same case in the Supreme Court, the Court of Appeals, or in any other tribunal or agency; and that to the best of our knowledge, no such action or proceeding is pending therein except the instant case. Furthermore, should we thereafter learn that a similar action or proceeding has been filed or is pending, we undertake to report such fact within five (5) days therefrom to the court or agency in which the original pleading and sworn certification have been filed.

IN WITNESS WHEREOF, we have set our hands this 23rd day of February 2009 at Quezon City, Metro Manila.

FERNANDO HICAP PEDRO GONZALES
TIN/ID No._______________ TIN/ID No. _________________

CHERRY CLEMENTE JIMBOY FRANCISCO
TIN/ID No._______________ TIN/ID No. _________________

LUZAINE MILABO ROGELIO CANTON
TIN/ID No._______________ TIN/ID No. _________________

RENATO PRIETO EDITO FERNANDEZ
TIN/ID No._______________ TIN/ID No. _________________

EVELYN MARANA SUSAN PAEZ
TIN/ID No._______________ TIN/ID No. _________________

JESUS BAQUIN DONATO VILLAFUERTE
TIN/ID No._______________ TIN/ID No. _________________

ERLINDA QUILAPIO ILUMINADA CABORNAY
TIN/ID No._______________ TIN/ID No. _________________

CHARITO FRANCISCO EDITO FERNANDEZ
TIN/ID No._______________ TIN/ID No. _________________

GONDILINDA FERNANDEZ REYNALDO SALAC
TIN/ID No._______________ TIN/ID No. _________________

NENITA LAGARAN SARAH CARNAJE
TIN/ID No._______________ TIN/ID No. _________________

RODOLFO TORRES MICHELLE GAYO
TIN/ID No. ______________ TIN/ID No.

SUBSCRIBED AND SWORN to before me this 23rd day of February 2009, affiants personally known to me and exhibited their Taxpayer’s Identification No./Identification No. indicated below their names and signature.

Doc. No. ____;
Page No. ____; NOTARY PUBLIC
Book No. ____;
Series of 2009
AFFIDAVIT OF SERVICE

I, ATTY. JOBERT I. PAHILGA, of legal age, Filipino, married and with office address at Sentro para sa Tunay na Repormnag Agraryo (SENTRA) after having been duly sworn to in accordance with law hereby depose and state that:

1. On February 23, 2009, I have cause the service of the foregoing motion to the above-named counsel for the respondent by registered mail with return card by depositing the same at the Quezon City Post Office with the following particulars:

OFFICE OF THE SOLICITOR GENERAL
134 Amorosolo St., Legaspi Village
Makati City
Registry Receipt No. _____________

ATTY. ANTONIO OPOSA
6-J Westgate Tower, Investment Drive
1780 Alabang, Muntinlupa City

SUBSCRIBED AND SWORN to before me this 23rd day of February 2009, affiants personally known to me and exhibited their Taxpayer’s Identification No./Identification No. indicated below their names and signature.

Doc. No. ____;
Page No. ____; NOTARY PUBLIC
Book No. ____;
Series of 2009

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