CA gives DENR a month to issue rules for polluted water zones

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The Court of Appeals says there is no sign of a valid cause for the delay in the issuance of guidelines for classifying heavily polluted bodies of water as non-attainment areas

MANILA, Philippines – The Court of Appeals (CA) ordered the Department of Environment and Natural Resources (DENR) to promptly release the guidelines for classifying heavily polluted bodies of water as non-attainment areas (NAAs) or areas that exceed pollution thresholds in a resolution dated May 20, 2025.

The appellate court’s former 16th Division gave DENR and DENR-Environment Management Bureau a month to submit, noting that it has been 8 months since the government agency’s failure to abide by the Republic Act No. 9275 or Clean Water Act of 2004 for not releasing the said guidelines was first pointed out.

Section 6 of the law states that DENR “shall designate water bodies, or portions thereof, where specific pollutants from either natural or man-made source have already exceeded water quality guidelines as non-attainment areas for the exceeded pollutants.” 

According to CA, “there is also no showing from respondents’ submissions that there is a valid cause for the delay in the issuance of said guidelines.” 

“It is worth reiterating that the very purpose of the issuance of the writ of continuing mandamus, as stated in the Court’s Decision, is to expedite respondents DENR and DENR-EMB’s compliance with its mandate under the Philippine Clean Water Act to issue the appropriate guidelines for the designation of NAAs, among others, considering the delay of 20 years in fulfilling said duty,” the CA said.    

“The writ of continuing mandamus would be rendered futile if respondent agencies would only initiate preparatory acts and not complete their mandate to fruition,” it added.   

The CA turned down the petitioners’ request to appoint a commissioner to oversee the enforcement of its directives as the draft guidelines are just awaiting the approval of the DENR secretary.

The appellate court also instructed the DENR and EMB to act on the complaints from the Center for Energy, Environment & Development Inc. and Bukluran ng Mangingisda ng Batangas over elevated pollutant levels detected in independently monitored sites within the Verde Island Passage.

It required the agencies to file a report on the status of their proceedings within three months and monthly until the complaints have been addressed.

This latest CA resolution was issued in response to a motion for partial reconsideration filed by the petitioners which challenged the court’s August 6, 2024 decision, which rejected their request to ban the issuance of new Environmental Compliance Certificates to projects that could potentially introduce new sources of water pollution.

The court also declined to suspend or revoke permits already issued to facilities operating within the Verde Island Passage or similarly affected waters.

CA maintained that arguments presented by respondents in their appeal had already been addressed in its earlier decision.– Rappler.com