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Banilad firm pledges to remove structure encroaching MahigaBy Kristine B. Quintas/JMO(The Freeman)|Updated September 3, 2014 - 12:00amCEBU, Philippines - One of the prominent companies in Barangay Banilad is committed to remove its structure that has encroached the three-meter easement zone of Mahiga River.The FREEMAN is withholding the companys name, as well as those of nine others, pending the issuance of notices and possible filing of cases against them.Lawyer Mary Rose Salvatierra of the City Legal Office said the company expressed commitment to address and correct their violation but the same was conveyed only by phone.The (City Rivers Management) council would want to make an impression that we dont tolerate violations or elusion of law since the problems is evident with regards to the flooding. We would like to set an example, she said.On a more positive note, city attorney Jerone Castillo said the assurance given by the company would serve as a cue that other violators will eventually heed the rule of law.Article 51 of Presidential Decree 1067 (Water Code of the Philippines) provides for the mandatory establishment of easement for public use along the shores of the seas for recreation, navigation, floatage, fishing and salvage ...The law further prohibits the erection of any structure within three meters from the highest water mark in urban areas, 20 meters in agricultural areas and 40 meters in forest areas, Salvatierra said.She added that DENR delineates or defines the areas classified under the salvage zone or public easement zone.The technical working group of the City Rivers Management Council has initially listed 10 companies that violated the easement regulations as delineated in Article 638 of the Civil Code of the Philippines, which states that the banks of rivers and streams, even in case they are of private ownership, are subject throughout their entire length and within a zone of three meters along their margins, to the easement of public use in the general inters of navigation, floatage, fishing and salvage.The list will be reevaluated by the CLO, to check the verity of the alleged violations.Further, the council is set to meet next week to discuss on when to issue the notices to the companies involved.Castillo reiterated that the filing of case would be the citys last resort if the companies still fail to execute corrective measures.We will give them the notice of violation and they will make corrective measures by restoring the easement as provided for under the law at their expense, but if they fail to heed the notice and to follow the due process of requirements then as a last resort we will go to the filing of cases, he said.Once the notices are issued, the companies are compelled to take action within 10 days to restore the three-meter easement of rivers and other tributaries. Also, they are required to submit into writing the nature of the violation or why there is no violation.This is a one community, thus, we should act on it and be responsible people. You reverse the effects of your establishments or any violations. As responsible citizens and individuals It is incumbent upon us to take necessary corrective measures now, without necessarily giving all the responsibilities to the city government, Castillo said.CLO has advised the councils technical working group and the companies to settle the matter and draft effective and beneficial strategies and measures to address the violations. (FREEMAN)

Source: The Philippine Star, Kristine B. Quintas/JMO, Banilad firm pledges to remove structure encroaching Mahiga, September 3, 2014

VIOLATION: - They violated article 51 of the Presidential Decree 1067 (Water Code of the Philippines) which states that the banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins are subject to the easement of public use in the interest of recreation, navigation, floatage, fishing and salvage. No person shall be allowed to stay in this zone longer than what is necessary for recreation, navigation, floatage, fishing or salvage or to build structures of any kind. PUBLIC SPACE KNOWN AS EASEMENTS)

SUGGESTED SOLUTION:- It is good that the government is not tolerating this kind of actions and they are creating solutions to this kind of problems. If I will impose a solution for this kind of problem I would probably suggest for the government to finalize a legal action against the said company. We all know that creating this building cost a lot so legal actions are needed so that the officials of the company cant create a fuzz and reason to the government. The LGU should demolish and should not let this building erect in that place anymore. Though lots of money and resources would be wasted, it is more evident that the environment is harmed by this structure thus will create a lot more wasted resources, money and even lives if we continue to not take charge and if we continue to let this violations be done again in the future.

City targets 10 big companiesBy Kristine B. Quintas(The Freeman)|Updated - 12:00amCEBU, Philippines - The Cebu City Legal Office is set to issue a Notice of Violation against 10 huge companies with structures reportedly encroaching on several tributaries in the city.The FREEMAN is withholding the companies name pending the issuance of notices and possible filing of cases against them.Based on the draft notice obtained from the CLO, the companies reportedly violated the easement regulations as delineated in Article 638 of the Civil Code of the Philippines, which states the banks of rivers and streams, even in case they are of private ownership, are subject throughout their entire length and within a zone of three meters along their margins, to the easement of public use in the general inters of navigation, floatage, fishing and salvage.Lawyer Rose Salvatierra of CLO said these companies also violated Presidential Decree No. 1067 (Water Code of the Philippines); Republic Act No. 9275 (The Philippine Clean Water Act of 2004); dumping garbage and solid waste into the river in contravention to Republic Act No. 9003; Section 23 of PD No. 17 on the conversion of any part of a bridge or wharf to his own private use or to obstruct the same in any manner; putting up structures or contraptions constituting as public nuisance under the City Ordinance No. 1481.You are hereby notified to voluntarily remove/demolish your illegal structures and reverse any and all effects of such violation. Furthermore, you are hereby directed to explain within ten days from receipt of this notice why no civil or criminal cases should be filed against you. Failure to heed this notice will warrant the taking of appropriate legal measures by the (Cebu City Rivers Management) Council, part of the notice read.Salvatierra said the city is serious in going after big companies or establishments that violate the provisions of the laws to send a warning to others. We have the reports to prove that they violated the laws, ang uban wa lang nag-encroach apan gitabunan na ang atong tributaries. With flooding and drainage problems thats why we are trying to restore and rehabilitate our rivers, she said.Primarily, the fault starts with the establishments. I dont think they can turn a blind eye nga patungan ang river, she added.Cebu City Vice Mayor Edgardo Labella said there is a need to enforce the three-meter easement zone policy to solve the problem on flooding.He said Mayor Michael Rama has a comprehensive drainage plan for the entire Cebu City.However, Guillermo Viola of the City Engineering Department said even if the city government will construct a huge drainage system, it will still be useless if the rivers are constricted.Bisan pag tanan karsada dagko kaayo culvert pero ang paingnan niya sapa during heavy rain mosaka siya asa man paingon ang tubig nga naa sa karsada, Viola said.In fact gahapon (Thursday) tanan rivers napuno. Atong ipasibog ato ipa-establish ang original width sa river, he added.Cebu has five rivers; the Mahiga, Lahug, Guadalupe, Bulacao and Kinalumsan rivers.In a separate interview, CCRMC chairman Jose Daluz said the notice is a form of education among violators.(This is) to add pressure sa atong mga companies nga dili sila magpasagad sa sapa because we are firm to go after them. We are trying to find ways to remove illegal structures, he said.However, he said the filing of a case against the companies will be their last resort if they will not heed the measure to restore the citys rivers and streams.The city will be convening the companies for a clarificatory conference after the notices of violation will be issued.Di man ingon nga diretso lang ta file, magpadala mi og notice then well be meeting the stakeholders how they can help the government to remove the said violations. Kanang pag-file og kaso or any legal intervention last resort na nato if dili sila mo-heed and mo-cooperate nato, Daluz said.Labella said there is also a need to clean the creeks and people should be mindful of where they throw their garbage.Importante ang kanang enforcement. All the barangays, should be involved pagpanglimpyo sa mga creeks, pagpanglimpyo sa mga imbornal, para dunay flow of water, he said.Last Thursday, many areas of the city were flooded by heavy rains. with Mechelle P. Florita/BRP (FREEMAN)

Source: The Philippine Star, Kristine B. Quintas/JMO, City targets 10 big companies, August 30, 2014

VIOLATION: Article 638 of the Civil Code of the Philippines, which states the banks of rivers and streams, even in case they are of private ownership, are subject throughout their entire length and within a zone of three meters along their margins, to the easement of public use in the general inters of navigation, floatage, fishing and salvage.Presidential Decree No. 1067 (Water Code of the Philippines); Republic Act No. 9275 (The Philippine Clean Water Act of 2004); dumping garbage and solid waste into the river in contravention to Republic Act No. 9003; Section 23 of PD No. 17 on the conversion of any part of a bridge or wharf to his own private use or to obstruct the same in any manner; putting up structures or contraptions constituting as public nuisance under the City Ordinance No. 1481.

SUGGESTED SOLUTION:

-Letting this building stay on where it stands rightnow will create q great damage not only to the bodies of water, to the creatures that on this waters but also the community which are staying right next to this place might be affected by this. I believe to what the government of cebu wants to do and I agree that it will best to just demolished structures just like this. They have violated alot of laws so if I will be given a permit to punish them I will talked to this said companies and tell them to take down these structures and I will collect a fine from them because the damage that they cause is big and it needs restorations and by asking them to pay fines this could help in bringing back thepast state of the site. Also I would ask them to turn those demolished area into a green/sustainable zone so that they could help in the rehabilitation as well.

LTO-Bataan clamps down on smoke emission test centersbyMar T. SupnadJuly 17, 2014Pilar, Bataan Smoke emission centers have sprouted like mushrooms in Bataan, a clear indication that these businesses are making easy money from motorists. Their happy days, however, may soon be over.Land Transportation Office-Bataan District (LTO-Bataan) Chief Ronald Dabu warned that any smoke emission center found to be practicing illegally in his area will be dealt with accordingly.

EMISSION TESTING, PLEASE! This man tries to keep fit and healthy by using a bike. His efforts, however, are only for naught as he tails a bus emitting black smoke. (Erwin Beleo)Dabu cited the case of one such center whose license to operate was revoked for violation of Republic Act 8749 (Philippine Clean Air Act).LAW AND DISORDERRA 8749 was passed in 1999 to protect the environment and human life from air pollution.Under that law, a motor vehicle is required to undergo smoke emission testing and inspection before its registration is renewed.But it was observed that despite a lot of smoke emission centers in operation, air pollution blamed on motor vehicles has not been curbed.There are still a number of vehicles passing along roads and highways which emit black smoke, Dabu said.He said this surprises him because there are now around 10 existing smoke emission testing centers all over the province.Most of them are located inside the LTO compound, but now there are also other branches in Mariveles, Orani and other towns outside the government center where the LTO is located.BAM EXPOSES FRAUDEarlier, Senator Bam Aquino expressed alarm upon receiving reports that some of these smoke emission testing centers are engaged in illegal activities, citing the so-called non-appearance scheme and ghost testing of motor vehicles as the most common.There had been reports that the private and public emission testing centers in LTO are remiss of their duties in properly implementing the law through the issuance of false emission compliance certificates (ECCs), Aquino said.

Source: Manila Bulletin; Mar T. Supnad; LTO-Bataan clamps down on smoke emission test centers; July 17, 2014July 17, 2014

VIOLATION:Republic Act 8749 (Philippine Clean Air Act) which aims to protect the environment and human life from air pollution.Under that law, a motor vehicle is required to undergo smoke emission testing and inspection before its registration is renew.According to Article 4, Section 21 of Republic Act 8749 Pollution from Motor Vehicles, the DOTC shall implement the emission standards for motor vehicles set pursuant to and as provided in this Act. To further improve the emission standards, the Department shall review, revise and publish the standards every two (2) years, or as the need arises. It shall consider the maximum limits for all major pollutants to ensure substantial improvement in air quality for the health, safety and welfare of the general public.SUGGESTED SOLUTION:Smoke belchers are great pollution enhancers. They contaminate tye air with poisonous gases which can affect not only human beings but also all the organisms in this environment. Time will come that this smoke will exceed the clean air that we need and it might kill us so knowing that some of the emission testers where fake and not doing what they really should alarms me. If biven a chance to take charge I would terminate or closed down this institutions so that they cant operate anymore and for them to suffer the consequences of their actions. Also I would fire those officals involve in this scheme and let someone responsible enough to take the position. Air pollution is one of the greates problem in this environment and it needs solution and letting someone who doesnt do there work propeperly is prohibited. Letting them can create more problem so we must take them out of the office and hire someone who really cares and has a sense of reponsibility.

WTE is reportedly illegal environmentalists take actionBy Mitchelle L. Palaubsanon, ATO(The Freeman)|Updated May 11, 2014 - 12:00amCEBU, Philippines - Cebu-based Philippine Earth Justice Center wrote a letter to 12 heads of government agencies and all the different leagues of local government units to carefully consider the proposed guidelines crafted by the National Solid Waste Management Commission for the establishment and operation of Waste-to-Energy technologies in the country.PEJC co-founder Gloria Ramos in her letter dated May 7, 2014 said that NSWMC, which is tasked to implement the provisions of RA 9003 (Solid Waste Management Act) even feels bad since it has been 13 years since the law took effect.Ramos said WTE is a direct violation of RA 9003 which in reality is an incineration in disguise, thus, violates the provision of the Clean Air Act that prohibit all forms of incineration.Ramos said that WTE mixes wastes and therefore counters to the provisions of RA 9003 and this process emits hazardous polluting substances harmful to humans and environment.The lawyer-environmentalist added that the promulgation of the WTE guidelines by NSWMC would be clearly illegal.Ramos addressed her letter to secretaries Herminio Coloma (Presidential Communications Operations Office), Ramon Paje (DENR), Mar Roxas (DILG), Mario Montejo (DOST), Rogelio Singson (DPWH), Enrique Ona (DOH), Gregory Domingo (DTI), Proceso Alcala (DA) and Joel Villanueva (TESDA), as well as to DENR director for Environment Management Bureau Juan Cuna and the OIC-executive director of NSWMC.The letter was also sent to Francisco Tolentino (chairman, Metro Manila Development Authority), Governor Alfonso Umali Jr. (national president, League of Provinces of the Phils.), Mayor Oscar Moreno and Mayor Herbert Bautista (national chairman/national president, respectively, League of Cities of the Phils.), Mayor Leonardo Javier Jr. (national president, League of Municipal Mayors); Barangay Captain Edmund Abesamis (national president, Association of Barangay Councils).Ramos added that the operation of WTE would violate another law, RA 8747 or the Philippine Clean Air Act of 1999, which DENR and LGUs are hard-pressed to enforce.No LGU in the country seems to have crafted as yet an air quality action as directed by RA 8749 or even procures an air quality monitoring equipment. Can LGUs handle the complex WTE process and the tons of hazardous ash to be disposed as a result, when they cannot even comply with what RA 9003 requires?, the letter reads.Ramos further said that is unfortunate that proponents of WTE technology feed on the misinterpretation of the Supreme Court Resolution in a case by MMDA versus Jancom Environmental Corporation, when it stated referring to Section 20 of the Clean Air Act that does not absolutely prohibit incineration as a mode of waste disposal.Ramos countered the statement, saying that it is an obiter dictum or an incidental expression of opinion, not essential to the decision and not establishing a precedent.As defined under NSWMCs proposed guidelines, WTE technologies, through treatment, produce or generate energy.

Source: The Philippine Star, Mitchelle L. Palaubsanon, ATO, WTE is reportedly illegal environmentalists take action, May 11, 2014 The proposed guidelines aim to achieve the target to increase solid waste diversion rate and to support the advocacies of Low Carbon Development to sustain a clean and healthy environment, to provide guidance to LGUs eyeing WTE as an option in their waste management particularly those that are already running out of space for disposal, among others. (FREEMAN)

VIOLATION: direct violation of RA 9003 which in reality is an incineration in disguise, thus, violates the provision of the Clean Air Act that prohibit all forms of incineration.WTE mixes wastes and therefore counters to the provisions of RA 9003 and this process emits hazardous polluting substances harmful to humans and environment.RA 8749 or the Philippine Clean Air Act of 1999,

SUGGESTED SOLUTION: Their company must be lectured and must be forced to comply with the laws of our country. They must be seminared so that they can learn the right way to dispoed they garbages and so that they could also advocate low carbon so that they will not violate the laws again. Furthermore they should pay a fine for their doings. It is not acceptable for the government to turn blind by the avtions of this company also they must investigate other comoanies which mighy be doung the same thing. Also they should encourage this company to create a sustainable devices.

`Zero-waste coalition hits dumping of garbage on PHByDJ Yap|Philippine Daily Inquirer9:12 am | Saturday, February 15th, 2014

MANILA, PhilippinesZero-waste advocates on Friday expressed their disgust over an attempt to smuggle into the country some 50 containers of trash mislabeled as recyclable plastics from Canada.

We are not a garbage dump, said Romy Hidalgo, an officer of EcoWaste Coalition and the nongovernment organization representative to the National Solid Waste Management Commission.

We condemn in the strongest possible terms this unabashed attempt to dump hazardous waste misrepresented as recyclable plastic into our country, Hidalgo said in a statement.

On Monday, the Bureau of Customs reportedly intercepted a shipment of 50 container vans of plastic trash from Canada at the Port of Manila.

Deputy customs commissioner Ariel Nepomuceno was quoted as saying it was the shippers responsibility to take the trash back to Canada.

This botched illegal importation violates our Constitution and our major environmental laws, including Republic Act No. 9003, or the Ecological Solid Waste Management Act, which prohibits the importation of toxic waste disguised as recyclable or with recyclable content, Hidalgo said.

It also undermines the efforts of local government units (LGUs) and Congress to reduce plastic waste, he said.At present, more than 90 LGUs around the country have passed ordinances banning plastic bags while a bill proposing a nationwide ban is currently being drafted in the legislature.

Waste audits conducted by environmental groups over the years have revealed that about 75 percent of detritus found in Manila Bay is composed of plastic waste, 25 percent of which are plastic bags, according to EcoWaste.The Global Alliance for Incinerator Alternatives Shalimar Vitan said countries like Canada may be beginning to think that the Philippines is the mythical away of their throw-away culture.

No community, let alone a country, deserves to be unjustly treated as a dumping ground. No community is disposable, Vitan said.

She said the government should ensure that the attempt to smuggle waste from Canada into the country does not happen again.

Canadian activists also expressed their dismay over the illegal importation.

We are deeply embarrassed at how government policies here have caused such bad behavior by some toward the environment and the good people of the Philippines. This is a disgrace, said Buddy Boyd of Zero Waste Canada.The zero-waste advocates have demanded that the Department of Environment and Natural Resources notify its counterpart, Environment Canada, about the violation and bring appropriate charges against the Canadian shipper and Philippine consignee.

Source: Philippine Daily Inquirer; DJ Yap; Zero-waste coalition hits dumping of garbage on PH; February 15th, 2014

VIOLATIONS:This botched illegal importation violates our Constitution and our major environmental laws, including Republic Act No. 9003, or the Ecological Solid Waste Management Act, which prohibits the importation of toxic waste disguised as recyclable or with recyclable content,SUGGESTED SOLUTION:We are unfairly treated in this case. We must turn back this waste back to them in the first place these trash wasnt ours. We should also ask them for fines because they fooled us for what is the contents of this containers. This garbage might add to the excessive trash that we have here and it will also contrubute to our pollution and having this garbage thrown to us was an unfair move and and a not so friendly act.

Landfill violated law on solid waste managementByOscar C. PinedaTuesday,

THREE Barangay Lamesa, Balamban residents complained that the landfill in their barangay violated the Solid Waste Management Act or RA 9003.They oppose the ratification of the ordinance creating the landfill.Complainants Maximo Ripdos, Nestor Lumacang and Robert Laborte, in their position paper, opposed Municipal Ordinance 2014-05 that requires all solid waste generators within the territorial jurisdiction of the municipality of Balamban to dispose of their non-biodegradable wastes exclusively at Lamesa Sanitary landfill and imposing tipping fee thereof.The complainants named Balamban Mayor Ace Stefan Binghay and Vice Mayor Rosario Binghay as proponents of the ordinance.The ordinance requires all waste materials from the towns 28 barangays to be dumped in two areas in the barangay.The complainants said the two dumpsites that sit on a 500-square-meter area and started operating last December, are committing numerous violations.They said the area is not a sanitary landfill but an open dumpsite and is being operated without a solid waste management plan and without Environmental Compliance Certificate (ECC) from the Department of Environment and Natural Resources.Balamban Mayor Ace Stefan Binghay denied the allegations, saying there was planning before the site becomes operational.Provincial Board Mmber Tedy Ouano, chairman of the committee on environment, said they have conducted hearings with the Environmental Management Board (EMB) representatives, and that the project had complied with all requirements, including ECC.MonitoringHe said their committee is expecting EMBs monitoring report any time.He said the PB committee on laws is also conducting a separate committee hearing on the project.Binghay said the facility is a sanitary landfill, and that Aboitiz provided them with an environment expert from Netherlands.Expert said the site is made of bentonite material so the landfill did not require a lining. Binghay did not name the expert.He said DENR issued an ECC for the site in Feb 15, 2011, and these are printed on three billboards.In compliance with EMB requirements, the site has a leachate pond, materials recovery facility (MRF) for the reusable wastes and three-compartment septic vaults for hazardous waste from factories and hospitals.These components disproved allegations that the site endangers public health and is damaging to the environment, the mayor said.Binghay said somebody is behind the complainants, though he did not name names

Source:The Philippine Star; Oscar C. Pineda; Landfill violated law on solid waste management; March 25, 2014VIOLATIONThey said the area is not a sanitary landfill but an open dumpsite and is being operated without a solid waste management plan and without Environmental Compliance Certificate (ECC) from the Department of Environment and Natural Resources.SUGGESTED SOLUTION:They should closed down this site because it is harmful to the community living on that area. Creating a dumpsite without proper sanitation might spread diseases and other harmful viruses. Or if it is not possible for them to close this area they must have proper planning for this, They should reopen this once thay have comeup to a plan which will not harm any of the living individuals there and also a plan which cannot harm the environment itself. Producing lots trash is harmful and without proper segregation and proper disposal will be much more harmful than anything else.