CASE STUDIES ON THE IMPROPER USE OF LAND (LAND MISUSE) CASE #1 PANDACAN OIL DEPOT Pandacan, one of the

districts of Manila, is currently home of Pandacan Oil Depot owned by the Big 3 oil companies, namely: Shell, Philippines, Petron (formerly Esso), and Chevron (formerly Caltex). The oil companies distribution terminals and depot facilities are housed in a 36-hectare facility along the banks of Pasig River. Chevron and Shell refineries in Tabangao, Batangas are both connected to the Pandacan terminals via a 114-kilometer underground pipeline system. Petron refinery in Bataan also services its depot in Pandacan. These depots store fuel and other petroleum products which supply 95% of the fuel requirements of Metro Manila, 50% of Luzons consumption and 35% nationwide. Fuels are also being transported through barges along the Pasig River or via tank trucks. During the time that the Pandacan area was declared as an industrial zone, it was largely uninhabited. Today, Pandacan has become a densely populated area inhabited by more than 840,000 people, a majority of whom are urban poor, informal settlers who came in search of work. Many small businesses, churches, restaurants, schools, day care centres and residences are now situated there. The Malacaang Palace, the official residence of the President of the Philippines and the seat of governmental power is located about two kilometres away. Also, a private school is located near the Petron depot. Shanties of informal settlers line the walls of the Shell facility. A university with a student population of about 25,000 is located directly across the depot on the banks of the Pasig River, while elementary schools and a high school, with some 15,000 students are also located close to the depot. The presence of various types of communities in Pandacan has greatly changed the land use it was intended to be. The presence of the oil depot is no longer consistent with the current land uses of that area. Its land use has been outdated and has now come into conflict with the prevailing land uses of its surroundings. The recent oil depot has become a threat and hazard to the health and safety of the dense population of Pandacan, such that in 2001, the City Council of Manila has created a new zoning ordinance changing the land use of Pandacan oil depot from an industrial II to commercial I zone. The twenty-eight huge oil tanks are therefore required to transfer to a place far from the urban area and the lot that will be vacated will be converted into a security buffer zone. The existing oil depot in Pandacan, with the current density of population and the presence of many other establishments around it (See Photo 1 Pandacan Google map, Annex), has outlived its land use such that it has now become a misuse. Changing the land

use as directed by the new zoning ordinance 8119 under the then Mayor Lito Atienza sought to remove the oil depots from their current location as a move not only to rid the place of a hazardous installation, which now constitute a threat to the security, health and environment of the populace but also to hasten the process of cleaning up Pasig River, which is being done through the Pasig River Rehabilitation Program. Ordinance 8119, enacted as the Comprehensive Land Use Zoning Regulation of 2006, has declared the depot as high-density residential zone, and mandates the relocation of the oil facilities within seven years. Under Ordinance 8027 the oil companies were given until 2013 to relocate their depots. Zoning ordinance 8119 and Ordinance 8027 were later upheld by the Supreme Court, recognizing the catastrophic devastation that might occur should a terrorist attack the Pandacan terminals. The Supreme Court of the land thus ordained that the depots pose a threat to national security. This alone can be the basis of why, the continued occupation and operation of oil depots in that piece of land now constitutes a misuse of land because it no longer conforms to the land use recommended for that area. However, when Manila Mayor Alfredo Lim took over, he signed Ordinance number 7177 amending ordinance 8119, creating a Medium Industrial Zone and Heavy Industrial Zone in Pandacan, and allowing the stay of the oil depots. Former Mayor Lito Atienza who was then DENR Secretary, together with those advocating for the transfer of the oil depot were thus locked in a battle against Mayor Alfredo Lim and the supporters of the retention of Pandacan Oil Depot. Although, Mayor Lims ordinance seems to contradict the former mayors ordinance, the Supreme Courts decision holds supremacy on the legislative conflict. Petron, recognizing the new land use zone of the area, especially after a fire in 2009 that threatened the installations has agreed to relocate their depot to a new place away from Pandacan. A Harbor Center at a reclaimed area of North Harbour near Tondo, which will house the oil companies oil depots, is actually being conceptualized. At this point, it would be a good move on the part of the oil companies to implement this concept. Foreign Model: Singapore Historically, Singapore River used to be a busy port. The water was dirty and the river clogged with so many boats. To clean up this River, the then Prime Minister Lee Kuan Yu decided to change the land use and the types of permitted activities along the riverbanks thus, removing the industries surrounding the River and converting it for commercial and tourism purposes. As a result of changing the land use from a seemingly improper usage, the land along the banks of Singapore River has achieved a better image, such that people can only see beautiful buildings and other commercial establishments adorning the landscape

especially around Clarke Quay. Oil depots in Singapore are located in an area away from residential and commercial establishments and are highly restricted. Solutions:
1. A solution to this case is to transfer the oil depot to a place which is not heavily

populated, and where it will not pose any danger to lives and properties in case a disaster occurs. In order to do this, Ordinance Number 8119, which is a move to change the land use and improve the area should be properly implemented. The current oil depots must be relocated away from a densely populated area, much like in Singapore and should be restricted so that no informal settlers will be allowed.
2. The lot that will be vacated should be converted into a park or commercial

establishment such as a mall complex with social amenities. Mitigation measures concerning soil contaminated by fossil fuels must be done before converting the place. Re-creating it into a park will certainly support the national greening program. Parks attracts birds and the trees will serve to clean the air in the city. Also, the parks will provide an invigorating place and a respite from the hustle and bustle of city life. This is in conformance with the Pasig River Rehabilitation Plan. CASE #2 PAYATAS DUMPSITE The Payatas dumpsite is a portion of a vast tract of land belonging to the Payatas Estate. Barangay Payatas accounts for 5% of Quezon Citys land area. It consists of 2,818 hectares of land, 32% of which occupies the Novaliches Reservoir (La Mesa Dam). It has about 40,000 households and 200,000 people. It comprises about 0.78% of the land area of the barangay, which was designated for public utilities. It has been used as a dumpsite for more than thirty (30) years and has been one of the primary open dumpsites of Metro Manila after the closure of Manilas foremost dumpsite, the Smokey Mountain in Tondo, in 1993. Settlements living around the dumpsite comprise informal settlers, taking up about 18.4% of the entire estate. The dumpsite was closed down after a tragic disaster in July 10, 2000, wherein a major slope failure buried more than 200 people and scores of households directly below the 50-foot garbage. Why is it a land misuse case? Looking at the land use of Payatas, a big portion consists of residential subdivisions. It is a mixture of housing sites, commercial and business centers, light industries, civic centers, educational areas, and recreational parks. Looking at the Google Earth map (see photo 2, Annex), the dumpsite is surrounded by residential communities and is very close to the La

Mesa Reservoir. It is poses a threat not only to the health of the community around it but also to the water supply of Metro Manila. The leachate coming from the decomposing garbage could possibly contaminate the soil beneath the landfill and migrate to the bodies of water around it. It also poses a threat to the groundwater sources, which serve as the current sources of water supply of many residents around that area. The dumpsite was not actually closed but transformed into a Controlled Disposal Facility, which accordingly is a comprehensive environmental disaster-risk reduction approach to improve the dumpsites operation and maintenance and to prepare it for eventual closure. Retaining the old dumpsite and converting it into a Controlled Disposal Facility is a violation of RA 9003 or the Ecological Solid Waste Management Act 2000. The continued existence of the dumpsite is a definite misuse of a land, which is located in close proximity to the La Mesa Reservoir, a very significant protected area because it holds the water supply of Metro Manila. Under the new Comprehensive Land Use Plan of Quezon City Payatas is now being considered as a special development area. Accordingly, no intensive permanent development should be attempted on and around the area. The La Mesa Reservoir area is now considered a protection area in order to preserve and protect the environment of Quezon City. Based on the definition of a special development area as applied to Katipunan wherein the areas around it were reclassified from its former land use by a new zoning ordinance signed by then City Mayor Sonny Belmonte in March 30, 2009, into a special development area in order to contribute to the economic development of Quezon City, this so-called special development area would permit only certain activities which shall be governed by the general district requirements applicable for major commercial zones, with additional requirements for townhouses, churches, schools, supermarkets, restaurants, office buildings, and tertiary hospitals. When taken in that context, Payatas, as a special development area will also contain the same type of activities permitted in such a zone. The area being used by the controlled dumpsite has outlived its usefulness and continued operation is now a misuse and in violation of the Implementing Rules and Regulations of RA 9003 which stipulates that all open dumpsites shall be converted to controlled dumpsites to operate only within five (5) years and beyond the said period shall consider these facilities as deemed closed and phased out. Also, the controlled disposal facility is no longer environmentally sustainable and no longer conforms to the new land use of the city. The Payatas dumpsite must therefore be closed and a new and engineered sanitary landfill be transferred elsewhere, away from the residential area. Foreign Model:

The Fresh Kills landfill site of New York at Staten Island, which used to be the largest landfill in the world, has outlived its usefulness and was therefore closed and converted into a Park. It is said to be three times bigger than Central Park in Manhattan. It is now called the Fresh Kills Park, the implementation of which is under the Department of Parks and Recreation. Solutions:
1. Quezon City must find a location for its sanitary landfill which is far away from

populated area and from the La Mesa Watershed. It must implement RA 9003 to the full extent of the law so as not to overuse whatever landfill it is going to build, beyond its capacities. While the biogas facility should be allowed to continue in order to recover the methane gas of the dumpsite, no new garbage should be allowed for disposal. This is in consonance with the new CLUP, declaring Payatas as a special development area.
1. Payatas must be recreated through the complete closure of the dumpsite. A new

zoning ordinance must be enacted creating the current Payatas controlled disposal facility into a park and a biodiversity conservation area. Planting of trees in the areas around the dumpsite and more vetiver grasses (due to its intensive root system for soil stabilization and capability to regenerate contaminated soil) along its boundaries will help prevent future landslides, mitigate environmental contamination of the soil, and help create an urban space which is invigorating to the health of the people in the communities around it. Conversion should be done by designing and landscaping it so as to give it a natural ambience and restore the natural ecology of the area. Other attractions such as sculptures made of recycled materials as well as an educational museum for solid waste management can be added within this park in order to attract visitors. The special development area around it should constitute commercial establishments that can cater to the needs of the residential community around it as well as to the visitors of the area. Utilizing in such manner thus will not only remove the existing land use conflicts but also help upgrade the quality, value and image of Payatas.

REFERENCES:

Barangay Payatas. www.barangaypayatas.multiply.com Accessed July 31, 2011 Dobb, Stephen. 2003. The Singapore River: a social history, 1819-2002. Ch 7 The Clean-Up p. 99. http://books.google.com/books? id=O_yctUunNlMC&printsec=frontcover&dq=The+Singapore+River:+a+social+history, +1819-2002+By+Stephen+Dobbs&hl=en&ei=s6s7TqPSGuP9m accessed July 31, 2011 History of Pandacan Oil Terminals. http://pinoy-business.com/content/view/323/1/ Accessed July 31, 2011 Lim to Veto Oil Depot Ordinance. http://www.philstar.com/Article.aspx? articleId=454345&publicationSubCategoryId=65 Accessed July 31, 2011
Oil firms eye Harbour Centre Port as new site for oil depot. http://manilaofficespace.com/manila/manila-offices/manila-harbour-center Accessed Aug. 4, 2011

Pandacan Oil Depot Google Maps. http://maps.google.com/maps/ms? ie=UTF8&t=h&oe=UTF8&msa=0&msid=210232646879047348620.00049f0ea5d6be55999c7 Accessed Aug. 4, 2011 Payatas: Journey to the Promised Land. http://deevio.tripod.com/mixednuts/land.html Accessed July 31, 2011 Quezon City Eyes New Growth Centers. http://www.sunstar.com.ph/manila/business/quezon-city-eyes-new-growth-centers Accessed July 31, 2011 Referendum vs. Oil Depot Ordinance Filed. http://manilawatch.wordpress.com/category/pandacan-oil-depot-controversy/ accessed July 31, 2011 The Payatas Dumpsite Conversion and Closure Program. http://www.cityriskpedia.com/?title=Payatas_Dumpsite_Transformation Accessed Aug. 1, 2011

ANNEX PHOTOS

Pho

Photo 1. Pandacan Oil Depot and surrounding areas, aerial view (Photo courtesy of Google map)

Photo 2. Payatas Dumpsite, aerial view (Photo taken through Google Earth, Aug. 2, 2011)