1.

RESPONDENT VIOLATED THE CONSITUTIONAL RIGHT OF THE PEOPLE TO

A BALANCED AND HEALTHFUL ECOLOGY.

ELEMENT 1: There is an actual or threatened violation of the constitutional right to a

balanced and healthful ecology

Section 15, Article II of the 1987 Constitution of the Philippines provides:

“Sec. 15. The State shall protect and promote the right to health of the people and instill
health consciousness among them”.

The succeeding section, Section 16, Article II of the 1987 Constitution of the
Philippines states that:

“Sec. 16. The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature”.

It was highlighted in the case of Oposa, et. al vs. Factoran, et al. the importance of
the right to balance and healthful ecology when it states that:

“While the right to a balanced and healthful ecology is to be found under the Declaration of
Principles and State Policies and not under the Bill of Rights, it does not follow that it is less
important than any of the civil and political rights enumerated in the latter. Such a right
belongs to a different category of rights altogether for it concerns nothing less than self-
preservation and self-perpetuation… the advancement of which may even be said to
predate all governments and constitutions.”

Dolomite, also known as calcium magnesium carbonate, is a non-metallic material

used in manufacturing bricks, mortar, cement, concrete, plastics, paving materials, and other
construction materials. The rock originates in warm, shallow, marine environments and is
believed to form when limestone is modified by magnesium-rich groundwater, according
to geologist Hobart King. It has low solubility, which makes it resistant to acid content of
rain and soil.

Dolomite is mainly used in construction. There are a number of hazards dolomite can
pose to handlers, according to a 2012 Safety Data Report by Texas distributor and builder
Lehigh Hanson Inc., dolomite contains varying levels of crystalline silica, which can cause
damage to lungs or even cancer when it is breathed in. The material can also cause irritation
to the skin and eyes.

In a study conducted in the year 2012 titled as “Respiratory disorders associated with
heavy inhalation exposure to Dolomite Dust”, authors concluded:

“In conclusion, the findings of this study collectively indicate that despite the fact that
dolomite is classified as a relatively non-toxic, nuisance dust, exposure to high
 concentrations of this chemical in medium term is likely to be associated with a
significant increase in the prevalence of respiratory symptoms. Therefore,
engineering measures such as local exhaust and dilution ventilation as well as the use
of PPE are recommended to eliminate or reduce exposure to this chemical”.

Further, Department of Health Undersecretary Maria Rosario Vergeire said that when
ingested, dolomite can cause pain in the stomach and result in diarrhea.

As to its effects to the environment, since the sand does not naturally occur at the bay,
the government could be destroying both the natural ecosystem of Manila Bay as well as the
source of the synthetic sand. Marine scientist Diovanie de Jesus said the dolomite could
cause hazards to creatures in and around the water. Sediments in the water could make it
turbid, or opaque. The polluted water can also make it stressful for marine life.

Respondent, in dumping artificial white sand to achieve an artificial Boracay-like

beach in Manila Bay despite the abovementioned hazards, imposes an actual or
threatened violation of the constitutional right to a balanced and healthful ecology of
the people. It would cause irreparable damage to the coastal environment of this national
and historic body of water. It destroys the Manila Bay ecological habitat that is home to
various species of flora and fauna. It exposes human residents to the health hazards of a
mineral substance used for construction materials.
Since the respondents started dumping the crushed dolomite on the shore of
Manila Bay, it has already reduced our fishing grounds and the possibility of re-
establishing mangroves forest in the area. The consequences, including economic,
health, and environmental impact necessitates a Writ of Kalikasan to assert our right for
a balanced and sustainable marine ecosystem in Manila Bay
There is a need to save Manila Bay but it has to be saved the right way. The dumping
of crushed dolomite in Manila Bay can only be described as an abdication of that grave
responsibility to protect and preserve Manila Bay. 

2. THE DENR FAILED TO COMPLY WITH ENVIRONMENTAL COMPLIANCE

WITH RESPECT TO EXISTING LAWS, RULES AND REGULATIONS.

Element Number 2 for Writ of Kalikasan – the actual or threatened violation arises from an
unlawful act or omission of a public official or employee, or private individual or entity.
Then President Corazon C. Aquino promulgated on 10 June 1987 E.O. No. 192, 14
Section 4 of which expressly mandates that the Department of Environment and Natural
Resources "shall be the primary government agency responsible for the conservation,
management, development and proper use of the country's environment and natural
resources, specifically forest and grazing lands, mineral, resources, including those in
reservation and watershed areas, and lands of the public domain, as well as the licensing and
regulation of all natural resources as may be provided for by law in order to ensure equitable
sharing of the benefits derived therefrom for the welfare of the present and future generations
of Filipinos." Section 3 thereof makes the following statement of policy:
Sec. 3. Declaration of Policy. — It is hereby declared the policy of the State to ensure the
sustainable use, development, management, renewal, and conservation of the country's
forest, mineral, land, off-shore areas and other natural resources, including the protection
and enhancement of the quality of the environment, and equitable access of the different
segments of the population to the development and the use of the country's natural
resources, not only for the present generation but for future generations as well. It is also
the policy of the state to recognize and apply a true value system including social and
environmental cost implications relative to their utilization, development and
conservation of our natural resources.
This policy declaration is substantially re-stated it Title XIV, Book IV of the
Administrative Code of 1987,15 specifically in Section 1 thereof which reads:
Sec. 1. Declaration of Policy. — (1) The State shall ensure, for the benefit of the Filipino
people, the full exploration and development as well as the judicious disposition,
utilization, management, renewal and conservation of the country's forest, mineral, land,
waters, fisheries, wildlife, off-shore areas and other natural resources, consistent with the
necessity of maintaining a sound ecological balance and protecting and enhancing the
quality of the environment and the objective of making the exploration, development and
utilization of such natural resources equitably accessible to the different segments of the
present as well as future generations.
(2) The State shall likewise recognize and apply a true value system that takes into
account social and environmental cost implications relative to the utilization,
development and conservation of our natural resources.
The above provision stresses "the necessity of maintaining a sound ecological balance
and protecting and enhancing the quality of the environment." Section 2 of the same Title, on
the other hand, specifically speaks of the mandate of the DENR; however, it makes particular
reference to the fact of the agency's being subject to law and higher authority. Said section
provides:
Sec. 2. Mandate. — (1) The Department of Environment and Natural Resources shall be
primarily responsible for the implementation of the foregoing policy.
(2) It shall, subject to law and higher authority, be in charge of carrying out the State's
constitutional mandate to control and supervise the exploration, development, utilization,
and conservation of the country's natural resources.
Both E.O. NO. 192 and the Administrative Code of 1987 have set the objectives which
will serve as the bases for policy formulation, and have defined the powers and functions of
the DENR.
 In the research conducted by the University of the Philippines Institute of Scientific
Studies, dolomite contains high amount of heavy metals such as aluminum, lead and
mercury, which would contribute to the pollution and acidity of Manila Bay. Further, the
study of the BFAR provides that the Manila Bay is a rich sardine-spawning area on which
many fisherfolk are dependent on its ecological integrity. In this regard, the DENR violated
its mandate as the primary agency responsible to ensure the full exploration and development
as well as the judicious disposition, utilization, management, renewal and conservation of the
country's forest, mineral, land, waters, fisheries, wildlife, off-shore areas and other natural
resources, consistent with the necessity of maintaining a sound ecological balance and
protecting and enhancing the quality of the environment and the objective of making the
exploration, development and utilization of such natural resources equitably accessible to the
different segments of the present as well as future generations.
Section 27 of the Republic Act 9275 An Act Providing for A Comprehensive Water
Quality Management and For Other Purposes provides that the following acts are hereby
prohibited, to wit:
a) Discharging, depositing or causing to be deposited material of any kind directly or
indirectly into the water bodies or along the margins of any surface water, where, the
same shall be liable to be washed into such surface water, either by tide action or by
storm, floods or otherwise, which could cause water pollution or impede natural flow in
the water body;
xxx
g) Operate facilities that discharge or allow to seep, willfully or through gross negligence,
prohibited chemicals, substances or pollutants listed under R. A. No. 6969, into water
bodies or wherein the same shall be liable to be washed into such surface, ground,
coastal, and marine water;
h) Undertaking activities or development and expansion of projects, or operating
wastewater/ sewerage facilities in violation of Presidential Decree No. 1586 and its
implementing rules and regulations;
In light with this, the dumping of white sand in Manila Bay is prohibited since the
dolomite contains high amount of heavy metals such as aluminum, lead and mercury,
which would contribute to the pollution and acidity of Manila Bay.
Further, by seeking an exemption from its own environment compliance regulations, the
DENR violated Presidential Decree No. 1586 or the Environmental Impact Statement System
Law, and DENR Administrative Order No. 2003-30, the agency's own implementing rules
for environment compliance certificates (ECC), as it has not undergone an environmental
impact assessment nor a consultative and participatory process in both Manila Bay and Cebu.
To wit:
Section 1. Basic Policy and Operating Principles Consistent with the principles of
sustainable development, it is the policy of the DENR to implement a systems-
 oriented and integrated approach to the EIS system to ensure a rational balance
between socio-economic development and environmental protection for the benefit of
present and future generations. The following are the key operating principles in the
implementation of the Philippine EIS System:
a. The EIS System is concerned primarily with assessing the direct and indirect
impacts of a project on the biophysical and human environment and ensuring
that these impacts are addressed by appropriate environmental protection and
enhancement measures.
b. The EIS System aids proponents in incorporating environmental
considerations in planning their projects as well as in determining the
environment’s impact on their project.
c. Project proponents are responsible for determining and disclosing all relevant
information necessary for a methodical assessment of the environmental impacts of
their projects;
d. The review of the EIS by EMB shall be guided by three general criteria: (1) that
environmental considerations are integrated into the overall project planning,
(2) that the assessment is technically sound and proposed environmental
mitigation measures are effective, and (3) that social acceptability is based on
informed public participation;
e. Effective regulatory review of the EIS depends largely on timely, full, and accurate
disclosure of relevant information by project proponents and other stakeholders in the
EIA process;
f. The social acceptability of a project is a result of meaningful public
participation, which shall be assessed as part of the Environmental Compliance
Certificate (ECC) application, based on concerns related to the project’s
environmental impacts;
xxx
Thus, the actual or threatened violation in this case arises from an unlawful act or omission
of the DENR, as the primary agency responsible for the protection and preservation of
natural resources.

3. The actual threat or violation will lead to an environmental damage of such magnitude
as to prejudice the life and health of inhabitants of two or more provinces.
Manila Bay is considered as one of the world’s great harbours. It has an area of 1,994
square kilometers (769.9 sq mi), and a coastline of 190 km (118.1 mi). Manila Bay is situated
in the western part of Luzon and is bounded by Cavite and Metro Manila on the east, Bulacan
and Pampanga on the north, and Bataan on the west and northwest. On top of this wide range
 that Manila Bay covers, the northern and northeastern shore of the bay adjoins Luzon’s
central plain. On that part of the bay, it is shallow and lined by the mudflats and mangrove
swamps of the delta of the Pampanga River, site of the most extensive commercial fishponds
in the Philippines.
Diovanie de Jesus, a marine scientist and a research associate at the Marine Science
Institute, University of the Philippines said that the dolomite could cause hazards to creatures
in and around the water. Sediments in the water could make it turbid, or opaque. The polluted
water can also make it "stressful" for the bodies of sardines, mackerel, anchovies, and other
fish. The sand from the bay walk area could also transfer to other areas of the bay where
there are mangrove trees, beaches, and mudflats. If the dolomite polluted these – where
shellfish, crabs, and fish nurseries thrive – they would become less habitable. Worms live
here, too, which serve as food for birds1. Moreover, and as substantiated in the earlier
arguments, dolomite contains varying levels of crystalline silica, which can cause damage to
lungs or even cancer when it is breathed in. The material can also cause irritation to the skin
and eyes. The magnitude of the damage should if further continue extends not only to the
nearby areas of Manila but also to those places where Manila Bay extends particularly the
provinces of Cavite, Bulacan, Bataan and Pampanga. Manila Bay is drained by 17,000 km of
watershed which is home to 30% of the entire population of the country and 42% of
agricultural areas2. Should the dumping of dolomite in Manila Bay continue, the damage is
so extensive as that will prejudice the life and health of those inhabitants living in the
mentioned areas as well the as the marine life in and around such waters where it will not
only affect a means of livelihood of the residents relying on the marine sources of the bay but
more so on its long-term effect in clearly disrupting the rhythm and harmony of nature and
thus, prejudicial to the right to a balance and healthful ecology of the petitioners herein.
Further, the environmental risk does not only affect the areas where Manila Bay
extends but also the source of the artificial sand which is in Alcoy, Cebu. The quarries in
Alcoy, Cebu, from which the dolomite sand was sourced are massive operations that have
long threatened the region’s terrestrial species3. This is attested by Rose-Liza Eisma Osorio,
the chairperson of the Union for Conservation of Nature (IUCN) Academy of Environmental
Law and a law professor at the University of Cebu. The extraction of dolomite from the town
of Alcoy in Cebu will result to consequential damage to the terrestrial environment of Cebu
Island which is a clear violation of the constitutional right of Cebu residents to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.

1
“What is dolomite sand, and how will it affect Manila Bay?”, 09 September 2020,
https://headtopics.com/ph/fast-facts-what-is-dolomite-sand-and-how-will-it-affect-manila-bay-15519918
2
Official Statement of the University of the Philippines Marine Science Institute on the Dolomite Sand in Manila
Bay, 30 September 2020
3
“Manila’s new white sand coast is a threat to marine life, groups say”, Leilani Chavez, 14 September 2020,
https://news.mongabay.com/2020/09/manilas-new-white-sand-coast-is-a-threat-to-marine-life-groups-say/
(Map taken from Manila Bay Ecology and Associated Invasive Species by Benjamin M.
Vallejo, Jr.)