Supreme Court backs MMDA on Manila Bay demolitions

MANILA, Philippines - The Supreme Court (SC) has upheld the authority of the Metro Manila Development Authority (MMDA) to demolish illegal structures that contribute to the pollution of the waters of Manila Bay.

But the SC stressed in a resolution signed by all the justices that the MMDA should comply with requirements under Republic Act 7279 (Urban Development and Housing Act of 1992) for the demolition of shanties affected by the Manila Bay cleanup.

 “While the MMDA’s zeal in improving the state of Manila’s drainage system and water bodies is laudable, this endeavor cannot go against the rights of those whose dwellings are in danger of being torn down,” the SC said in its 16-page resolution dated Oct. 23 but released only yesterday.

The SC said summary eviction should be undertaken with required notices.

The SC said its December 2008 decision covers only summary eviction and demolition of those structures, constructions and encroachments that were built in violation of Article 51 of Presidential Decree 1067, and those considered as public nuisances and danger areas as defined under the RA 7279, popularly known as the Lina Law.

PD 1067, or the Water Code of the Philippines, prohibits the construction of permanent structures within three meters of riverbanks in urban areas, 20 meters in agricultural areas, and 40 meters in forest areas.

RA 7279 allows eviction – after proper notice – of families occupying danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds.

The SC said those identified as underprivileged and homeless should be given prior notice, adequate consultations, and adequate relocation.

“At the least, it must, thus, be emphasized that the Court’s ruling in MMDA does not give the MMDA and other concerned government agencies the power to evict any individual from his or her home without first giving notice,” the Court said.

The SC issued the clarification in response to a petition of the group Urban Poor Associates (UPA) seeking to determine if there are laws or human and shelter rights violated or to be violated by the concerned government agencies implementing the court’s decision.

UPA said 70,000 urban poor families surrounding Manila Bay are in danger of being demolished without due relocation. Earlier this year, it was also reported that unannounced and illegal demolitions were carried out along waterways and esteros surrounding the area of Manila Bay.

In its Dec. 18, 2008 ruling, the SC directed the MMDA, local government units and other concerned government agencies to undertake joint efforts to clean up the waters of Manila Bay so it would be fit for swimming, skin-diving and other forms of recreation.

In the same order, the SC has approved the creation of an advisory committee that will verify compliance reports of various government agencies tasked to undertake joint efforts to cleanup the waters of Manila Bay.