The Illegal and Immoral Kaliwa Dam

Just a few months after the Philippine government entered into a contract with China for the construction of the P18.7-billion controversial Kaliwa Dam, touted as the solution to the Metro Manila water shortage, the Department of Environment and Natural Resources – through the Environmental Management Bureau – released an Environmental Compliance Certificate (ECC) amid concerns from stakeholders, especially the indigenous peoples living in the affected communities, environmentalists, and advocates.

The ECC, which will allow for the construction and operation of the dam that will straddle the Rizal and Quezon provinces, was issued to the Metropolitan Waterworks and Sewerage System (MWSS) and contains conditions which the latter should comply with strictly, under the scrutiny of the EMB.

Although DENR Secretary Roy Cimatu has said that his department will ensure that the MWSS will not waver in its compliance with the conditions, opponents of the dam construction have raised various concerns. These include the conditions imposed in the ECC, the ability and genuineness of the MWSS' intent to adhere to such conditions. We share those concerns.

It's worth noting that the ECC is issued by the DENR once it finds that the proposed project satisfies the requirements of the Environment Impact Statement (EIS) System under PD 1586 and the Implementing Rules and Regulations. This is why we stand with the oppositors of the project and critique the issuance of the ECC.

In Boracay Foundation Inc vs The Province of Aklan (G.R. No. 196870, June 26, 2012), the Supreme Court had the opportunity to clarify basic ECC requirements. It laid the responsibility of implementing the Environmental Impact Assessment (EIA) process on the DENR, which must strictly comply with its procedures.

The Court said that the EIA report was important, as its goal is to be able to at least predict the impact that the construction of new buildings on the reclaimed land would have on the environment. It also said that a local government unit (LGU) has the duty to ensure the quality of the environment, and cannot claim exemption from the coverage of PD 1586.

Quoting the Local Government Code, the Court said that there should have been prior consultations before the project’s implementation. Invoking Lina Jr vs Paño (G.R. No. 129093, August 30, 2001), the Court further clarified that the projects and programs that will need such consultations are those that (1) may cause pollution, (2) may bring about climatic change, (3) may cause the depletion of non-renewable sources, (4) may result in the loss of crop land, range-land, or forest cover, (5) may eradicate certain animal or plant species from the face of the planet, and (6) other projects or programs that may call for the eviction of a particular group of people residing in the locality where these will be implemented.

Lastly, it said that the conduct of a public hearing is mandatory unless otherwise determined by the Environmental Management Bureau, and should be done early on so that concerns of stakeholders are taken into consideration in the EIA study. This lack of prior public consultation is not corrected by subsequent resolutions and endorsements by the LGU.

The DENR completely disregarded these requirements in issuing the ECC for the Kaliwa Dam.

#PutAStopToKaliwaDam