BILONGILOT, Antonette M.

Professor Zenia Rodriguez

3 LM 1 Political Dynamics

Republic Act 9275: “Philippine Clean Water Act of 2004”

The Philippines is one of the richest when it comes to water resources. It is easy for one
person to identify and locate water resource in every place in the country. iIt boasts 18 major
river basins, 421 principal rivers, about 79 natural lakes, and extensive coastline that
stretches 17,460 km. But the worst news about this is that fast urbanization, wide spread
industrialization and large number of population have caused the deterioration of these natural
water resources in the country at a disturbing levels. It is indeed alarming, particularly in
ii
Marilao and Meycauyan River that was listed among the “Dirty Thirty”- The World’s Worst
Polluted Places by the Blacksmith Institute, a New York-based environmental watchdog. It is
hard to admit the fact that as time passes by the death of the water resources in the country
increases too

Many Filipinos would wish to go back to the times when they can drink clean, cold and
safe water straight from the tap. The distressing part today is that in order to drink clean and safe
water, one must pay for it. Bottled water is now available in stores and different purifying
stations are located in every corner of the street offering people distilled or mineral water. It
became a necessity for us. Water stations became source of earnings of many people nowadays.
iii
This situation gives people a tragic reminder that we have lost our way with clean water. The
water intended for human consumption was not the only one affected but as well as the health
and safety of the people living near rivers and other water resources. ivThe quality of the water in
our country was badly affected due to the nutrients, sewage, chemicals, metals, oil and other
impurities coming from factories, buildings, schools, households, etc. This is the price Filipino
people are paying for the excessive abuse of the water resources.

The problem was many of the water resources in the country like rivers were killed by
different sources of pollutions- domestic wastes, livestock, industrial sources, point and non-
point sources. vDomestic waste is the biggest contributor to water pollution because more than
90% of inadequately treated sewage is discharged into surface waters. viMost of these wastes find
their way to major rivers in Metro Manila and other cities. Thus, with this kind of pollutants
present in the water how one can safely swim to beaches, rivers and ponds when doing so will be
a threat to one’s health because of the accumulation of different bacteria. Supplying every
Filipino with clean water is a challenge for the government and a problem to face for every
Filipinos.

As was shortly discussed earlier, Blacksmith Institute listed Marilao and Meycauayan
River system as one of the World’s Worst Polluted Places for 2007. viiBlacksmith Institute is an
international environmental group that works in locations throughout the developing world
viii
where human health is most affected by pollution. They bring the necessary resources to
research a pollution problem and it proposed solutions thoroughly. In the said list Marilao and
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Meycauyan are the only South East Asian. The annual study, administered by a technical
advisory board composed of 18 field experts, noted the presence of heavy metals, chemicals, and
other forms of waste in the river system of Meycauayan, Marilao as well as another Bulacan
town, Obando. It was reported that there were 250,000 potentially people affected by the
pollutants present in the river system, which is the source of drinking and agricultural water
supplies of the residents. xDue to extreme pollution coming from tanneries, gold and precious
metals refineries, and legacy lead smelting waste, and numerous municipal dumpsites the river
system was extremely affected. The Marilao-Meycauayan-Obando river system, which stretches up to
55 kilometers, has been identified as one of the country’s 50 endangered rivers due to heavy pollution.
The river’s pollution was blamed primarily on heavy industries along its banks such as tanneries,
textile factories, gold refineries, and jewelry-making, electroplating, livestock and poultry and
other manufacturing establishments. xiSubstantial contamination also results from small-scale
lead recycling facilities along the river and from the many tanneries that dump untreated
hexavalent chromium-laced wastewater into the river. By the report made by Blacksmith
Institute we can identify that the pollutants present in the river came from non-point source as
gold and precious metals refineries are related to mining, while tanneries affects the condition of
water by the effluents (chrome) it discharge and the smelting waste which includes production of
metal from its ore, iron extraction and copper extraction. With the evidence discussed we can
assessed that the Marilao and Meycauyan River has a high level of TDS or total dissolved solids.
xii
TDS is generally used as an aggregate indicator of the presence of a broad array of chemical
 xiii
contaminants. The tanneries and similar industries that discharged heavy metals, settled in the
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sediments at the bottom of rivers and eventually into bays. These metals become pollutants
when they occur in concentrations large enough to have an adverse effect on the ecosystem and
public health. The dumping of chemicals affects the quality of water and causes hazardous
effects for human health. The residents complained about the dumping of toxic wastes into the
river for it caused severe effect on the health of the local population with complaints of nausea,
eye irritation, and various respiratory ailments.xvThe river also feeds directly into the Manila
Bay, and its effluents contaminate local fishing areas, further endangering health. The river was
not just the dumping site of the chemical waste, but as well as the garbage coming from the
residents. When the river overflows due to high tide, rains or flood the garbage goes all the way
to Marilao and other parts of Bulacan like in Meycauyan. The river was occupied with domestic
waste coming from houses and chemical and hazardous waste coming from manufacturing or
processing plant. It was an alarming problem for the locality of Marilao and Meycauyan. This
problem needs extensive attention and immediate solution, it does not only concern the condition
of their river system but the health of the residents was also at stake. The local government of
Marilao and Meycauyan exerted considerable effort to deal with the main problem of the
pollution. They created coordinating body to encourage and guide clean up of the river. They
come up with a clean-up operation in order to gradually restore the river to its physical, chemical
and biological state. Meycauayan has a five-year master plan called the “Heal Meycauayan River
Project.” Marilao has created the Marilao River Council. It has done cleanups and bamboo
planting along the riverbanks. The clean-up operation was supported by Blacksmith Institute,
representatives from federal group, the local municipality and industries from area and
community groups. xviA process has been started to collaboratively implement private and public
remediation efforts over the next several years and efforts are ongoing to obtain national and
international financial assistance. The clean-up operation includes tannery waste treatment plant,
which was financially assisted by the Manila Tanneries Association. Adding to the operation was
the full commitment accepted by the Stakeholder group members and Philippines Recyclers
Incorporated (PRI) to strictly regulate the treatment of lead battery waste stockpiles which will
further help in the success of the clean-up operation of the Marilao and Meycauyan river system.
The cause of the pollution in the river system was primarily due to the lack of concern and
education of the people about the hazardous effect of the chemical dumped in the rivers, if this
was not resolved immediately a major damage might happen, before it massively affect all the
water system in the country it was a good thing that the river was saved. The clean-up operation
was not also possible without the support of the political leaders in the locality.

When the incident in the Marilao and Meycauyan river system, the Republic Act 9275
other known as the “Philippine Clean Water Act of 2004” was passed already and existing, since
the incident happened in the year 2007, the RA 9275 already covered all the implementing rules
to be followed in order to resolved the incident in the Marilao and Meycauyan river system. This
is the reason why the problem was immediately resolved because of the existing law. Because of
the immediate action given by the local government of Marilao and Meycauyan and with the
support provided by the international environment groups and community groups the problem
was then resolved.

This is a public concern because if this is neglected it will aggravate and do more
damage. The deteriorating river system will cause damage to the marine environment therefore
affecting the marine inhabitants and will definitely have an effect to the fishing activity of many
people influencing then the source of income of the people. The people should learn from this as
well, that they should take care of the natural resources in the country, to conserve water and
dispose their wastes properly. We only have one nature, as the steward of it; people must learn to
value and take care of it. Prevention is better than cure; people shouldn’t let another devastating
event to happen again before they do their part in taking care of the environment. It is unusual to
hear people talking about environment, it receives less attention but has a devastating effect to
humanity when abused and neglected. The welfare of the environment should be the concern of
everybody since we deal with it every day of our lives, without the clean and safe water used for
human consumption, how can people survive? This concerns everybody. It is never too late to
xvii
educate ourselves about how to take care of our environment. Education is the best defense
against water pollution. An informed citizenry is more likely to follow water quality rules than
an ignorant society.

xviii
Recognizing that water pollution has become a major concern for the whole nation as a
whole, Congress enacted the Clean Water Act (CWA) in 2004 with the aim of cleaning up
xix
Philippine waters. The severity of the water pollution problem prompted Congress to legislate
a law that was both comprehensive and protective of our water resources. CWA played an
important role for resolving the water pollution in Marilao and Meycauyan River System. The
enactment of the CWA is one of the significant additions to other pollution control laws like the
Philippine Clean Air Act and Ecological Solid Waste Act. It only shows the sincere desire of the
xx
government to solve the pollution problem in the country. The principal author of the
Philippine Clean Water Act was Representative Augusto Baculio, chairman of the House
committee on ecology. The CWA is a consolidation of Senate Bill No. 2115 and House Bill No. 5398.
It was passed by the Senate and the House on February 4, 2004. It was approved into law by President
xxi
Gloria Macapagal Arroyo on March 2, 2004. The law was enacted to formulate a holistic national
program of water quality management, to streamline processes in the abatement of water
pollution, to enforce a system of accountability, and to encourage cooperation among citizens
xxii
and industries. The CWA primarily applies to land-based sources of water pollution. Even
though it applies to land-based sources of water pollution, it does not signify exclusivity, there
are some cases when certain provisions in CWA would also apply to marine or vessel-based
xxiii
sources of water pollution. As was stated in the Section 3 of CWA; “This Acts shall apply to
water quality management in all water bodies: Provided, that it shall primarily apply to the
abatement and control of pollution from land based sources: Provided, that the water quality
standards and regulations and the civil liability and penal provisions under this Act shall be
enforced irrespective of sources of pollution.” Cite for example when a vessel causing oil spill
or chemical spill on the oceans. It will still be under clean-up liability as well as the fines and
penalties provided by the CWA will still apply. They will still undergo the same treatment as if
the source was a plant, factory, and other land-based sources of water pollution. xxivThe law’s
xxv
focus, however, is in the area of land-based sources of water pollution. Marine pollution laws
and treaties, in turn, govern water quality management and pollution abatement of marine-based
sources. The Clean Water Act mandates the DENR (Department of Environmental and Natural
Resources) as the lead implementing agency to formulate and implement more stringent policies
and strengthen partnerships with other government agencies and stakeholders to implement
xxvi
water quality in all parts of the country. DENR will be the chief enforcer and to prepare a
National Water Quality Status Report, an Integrated Water Quality Management Framework, a
xxvii
ten year water quality Management Area Action Plan. As the chief enforcer of CWA, the
DENR is vested with administrative authority to compel compliance with water quality
regulations and impose administrative sanctions for violation thereof. Along with the DENR is
the LGUs or the Local Government Units. The LGUs has the supporting role in the
implementation of CWA. It shares responsibility with the DENR. They assist the DENR in
ensuring that the goals of the CWA are implemented and attained. They will administer and
xxviii
check businesses and industries in their areas. LGUs are the first line of defense against any
oil spills or water quality problems. They are expected to act swiftly and immediately even
before the DENR and the national government can lead assistance in containing any water
contamination. The DENR and LGUs in connection with other government agencies keeps an
eye to businesses and industries which are the source of pollution. Like the incident of the
Marilao and Meycauyan River, where nearby businesses, plants and industries are located. Since
the emission of toxic waste is already part of the operation of industries and manufacturing
plants, section 12 of the CWA provides the Categories of Industry Sector, otherwise known as
the Implementing Rules and Regulations of the CWA. It requires the DENR to come up with the
effluent standards per industry sector every two years. Effluent as defined in Section 4 of CWA
is the discharges known source which is passed into a body of water or land, or wastewater
flowing out of a manufacturing plant, industrial plant including domestic, commercial and
recreational facilities. The effluent standards are established on a per industry basis since
industries varies. It will not be practicable to establish a uniform standard for all industries
because it will not take into account the economic efficiencies, strengths, and weaknesses
inherent in each industry sector. By this mandatory given by the CWA, establishments
discharging effluents into water bodies are oblige to make use of new technology and modern
devices to reduce their wastes. They are forced to invest in research and development with the
view of minimizing and avoiding waste together. This will be a big help in improving the waste
management and changing the outlook of industries, businesses and manufacturing plants
xxix
polluting the environment. This provision is of an action-forcing character that demands
results and prompts attention from the agencies concerned. In connection with this is the
xxx
discharging of permits. Section 14 of the CWA requires owner and operators of facilities that
discharge regulated effluents pursuant to this Act to secure a permit to discharge. Operators
should secure this required permit in order to operate. The permit specifies the quantity and
quality of effluent that the operators are allowed to discharge, the compliance schedule and
monitoring duties. The permit requirement allows the government to keep an eye to the levels of
water pollution. It also forces the operators to devise latest processes to avoid penalties and
governmental interference in their operations. Failure to secure the required permit and to meet
the required standards of the CWA expects to get stricter and frequent inspection.

Because of widespread industrialization, the government cannot totally control water

pollution in the country; this is the reason why several laws exist in order to manage and further
stop the pollution from destroying totally our country’s water resources. But since pollution is
already there the only action we can do is to try to restore the water quality of the country.
Section 16 of the CWA discusses the Clean-up Operations when the condition of the water starts
xxxi
to aggravate. Section 16 is the heart and soul of the CWA. This is a very important provision
of the CWA. It sets out the liabilities of a polluter in clean-up operations. It operates to recover
the damaged water resource. The State has the authority to sue a person liable for polluting the
xxxii
waters. The State acts as the trustee of the public trust consisting of the natural resources of
the country and the State has an interest as an owner of the natural resources to sue for natural
resource damages against the person causing the pollution. Section 16 orders the person causing
the pollution to pay and reimburse the DENR for clean-up expense.

The CWA did its part in restoring the water quality in the country as well as in saving the
water resources. After few years that it has been effective there are several key achievements by
the CWA. To be realistic the total restoration of the rivers in the country is not easy and it takes a
lot of effort and attention. As the industries and manufacturing plants that causes the pollution of
the water continues to operate, the pollution will also remain; the only action our government can
do is to control it and to monitor these operators frequently, to assure that they are complying
with the required standards. They should be stricter in giving discharge permits and increase the
corresponding penalties for violators. If the fines are going to reduce largely the income of these
operators or even suffer losses, there is a greater chance of the compliance of the violator unlike
if the fines are little enough that it will not affect any of the earnings or assets of these operators,
the violators will just keep paying the fines while continuing to commit prohibited acts. The
Philippine Clean Water Act is for the welfare of the people. We have abused our water resources
to such a point that we have to pay what we have done. We ruined it so we must do our part in
not just repairing it but to restore it to its original beauty. These Act will go a long way, it is our
defense against the total deterioration of our water resources. We should never stop in aiming to
have clean water to drink and a safe and crystal clear river to offer for future generation we
should do our part to help revive our water resources. It should start within our selves, be
responsible and be aware.
ENDNOTES
i
http://www.emb.gov.ph/?wqms/2001-2005%20NWQSR/NWQSR%20-%20Body.pdf>
ii
http://www.gmanews.tv/story/61154/Marilao-Meycauayan-listed-among-worlds-dirtiest
iii
Environmental Law: Pollution Control, Pe Benito, Galahad R.A, (Quezon City, Central Book Supply,
2009)
iv
Ibid.
v
http://www.emb.gov.ph/?wqms/2001-2005%20NWQSR/NWQSR%20-%20Body.pdf>
vi
Ibid.
vii
http://www.blacksmithinstitute.org
viii
Ibid
ix
http://www.gmanews.tv/story/61154/Marilao-Meycauayan-listed-among-worlds-dirtiest
x
http://www.blacksmithinstitute.org
xi
Ibid
xii
Environmental Law: Pollution Control, Pe Benito, Galahad R.A, (Quezon City, Central Book
Supply, 2009)
xiii
Ibid
xiv
Ibid
xv
http://www.blacksmithinstitute.org
xvi
Ibid
xvii
Environmental Law: Pollution Control, Pe Benito, Galahad R.A, (Quezon City, Central Book
Supply, 2009)
xviii
Ibid
xix
Ibid
xx
http://www.mb.com.ph/node/160521
xxi
ibid
xxii
Ibid
xxiii
Environmental Laws in the Philippines / compiled and edited by CBSI. (Manila: Central Book
Supply, 2005)
xxiv
Pe Benito, Galahad R.A, Environmental Law: Pollution Control (Quezon City, Central Book
Supply, 2009)
xxv
Ibid
xxvi
Environmental Laws in the Philippines / compiled and edited by CBSI. (Manila: Central Book
Supply, 2005)
xxvii
Environmental Law: Pollution Control, Pe Benito, Galahad R.A, (Quezon City, Central Book
Supply, 2009)
xxviii
Ibid
xxix
ibid
xxx
Environmental Laws in the Philippines / compiled and edited by CBSI. (Manila: Central Book
Supply, 2005)
xxxi
ibid
xxxii
Ibid

Bibiliography:

A Legal Arsenal for the Philippine Environment, Antonio A. Oposa Jr. (Bantayan Island : Batas
Kalikasan, c2002.)
Environmental Laws in the Philippines / Compiled and Edited by CBSI. (Manila: Central Book Supply,
2005)

Environmental Law: Pollution Control, Pe Benito, Galahad R.A, (Quezon City, Central Book Supply,
2009)

http://www.blacksmithinstitute.org

http://www.emb.gov.ph (Environmental Management Bureau)

http://www.gmanews.tv

http://www.mb.com.ph (Manila Bulletin)