MBCRP Implementation Rules and Regulations Series of 2015

MESSAGECongratulations to the Program Management Office and Program Management Teamsbehind the Manila Bay Clean-up, Rehabilitation and Preservation (MBCRP) Programfor coming up with this Implementing Rules and Regulations (IRR).It can be taken into historical account that before the industrial advancement of thePhilippines, Manila Bay has been considered one of the most pristine and captivatingcoastlines worldwide. It also has the most mesmerizing sunsets even up to this day.But modernization took its toll on our country’s natural resources, and unfortunately,Manila Bay was not spared. Pollution and irresponsible waste disposal were contributoryfactors for the dwindling state of the Manila Bay.Following the Supreme Court ruling in 2008; the DILG, through the unwavering effortsof the MBCRPP-PMO; has been in the forefront of ensuring the compliance of the localgovernment units (LGUs) to the key performance indicators (KPIs), with the ultimategoal of revitalizing the Manila Bay back to its previous, pristine form.Through the strict implementation of these KPIs, more commercial establishments andresidential areas have their own wastewater treatment facilities or hygienic septic tanksin accordance to the prescribed rules and ordinances, and those who have none arebuilding their own treatment facilities for a cleaner, balanced ecological system.To support this goal, the LGUs along the Manila Bay coastline and watershed areas weretasked to create a 10-Year Solid Waste Management Plan, waste segregation plans andrecycling facilities, to bolster proper waste disposal at the local level.All these efforts and initiatives will be devoid of its purpose if we, the citizenry, will notdo our share in improving the state, if not maintain the cleanliness of our Manila Bay.Let us become advocates of change by being vanguards of responsible stewardship of ournatural resources.Kudos!MEL SENEN S. SARMIENTOSecretary i

MESSAGE Congratulations to the Program Management Office and Regional ProgramManagement Teams of the Manila Bay Clean-up, Rehabilitation, and PreservationProgram for releasing the Implementing Rules and Regulations (IRR) to clarify theaccountability of local government units and partners in keeping Manila Bay alive. More than a legal instrument, the IRR embodies not only our collectivecommitment to keep Manila Bay clean, but also our shared aspiration forenvironmentally sound development for ourselves and for future generations. The state of Manila bay will always be a reflection of ourselves and ourcommitment to ecological patrimony. We need good governance to restore Manila Bayand this requires LGUs taking the lead and working together with communities,partners and stakeholders. This also requires DILG, in addition to other national government agencies, towork with you. Towards this end, we commit to build local capacities and monitoringour progress in raising the quality of the waters of Manila Bay. The call for Manila Bay is a call on everyone's commitment to restore ManilaBay. The DILG is one with the rest of the LGUs and partners in enjoining all: Tara! MagManila BAYanihan Tayo! Let our shared action now help keep Manila Bay alive forever. AUSTERE A. PANADERO Undersecretary for Local Government ii

DILG Manila Bay Program Implementing Rules and RegulationsProgram Profile 1 History 2 Mandate 4 DILG Manila Bay General Guidelines 11 Framework 13 Coverage 14 Indicators 16 Components 20Key Performance Indicators 1 and 2 Commercial Establishments, Factories, Homes 26Key Performance Indicator 3 42 Environmental Compliance Audit 47Key Performance Indicator 4 Development of LSP and RAP 48 52Key Performance Indicator 5 56 Water Quality Management Plan 58Key Performance Indicator 6 Information, Education, CommunicationAdministrative ProceduresRegular ActivitiesAnnexesiii



At the core of the case is the Manila Bay, a place with aproud historic past, once brimming with marine life and, for somany decades in the past, a spot for different contact recreationactivities, but now a dirty and slowly dying expanse mainlybecause of the abject official indifference of people andinstitutions that could have otherwise made a difference. It started when, on January 29, 1999, respondentsConcerned Residents of Manila Bay filed a complaint before theRegional Trial Court (RTC) in Imus, Cavite against severalgovernment agencies, on the deteriorating state of the ManilaBay. On September 13, 2002, the RTC rendered a Decision infavor of respondents. The mandamus agencies then filed for anappeal, to which the Court of Appeals rendered a decisionsustaining the RTC’s ruling. The mandamus agencies appealed to the Supreme Courtfor final decision. On December 18, 2008, the Supreme Court ordered 13national government agencies (NGAs), including thisDepartment, to clean-up, rehabilitate and preserve the ManilaBay. 1

The Supreme Court, in its Decision dated December18, 2008 and Resolution dated February 15, 2011, hasmandated the Department to monitor all local governmentunits (LGUs) in Regions III, IV-A and NCR that are withinthe Manila Bay watershed area to perform activities inservice of six (6) key performance indicators (KPIs) whichfocus on the compliance to having hygienic septic tanks andwastewater treatment facilities; the implementation of R.A.Nos. 9003, 9275 and 7279; and conduct of information andeducation campaigns. Furthermore, the concerned LGUs weretasked to:1. Inspect all factories, commercial establishments, and private homes along the banks of the major river systems in their respective areas of jurisdiction and other minor rivers and waterways that discharge water into the Manila Bay; and the lands abutting the bay, to determine whether they have wastewater treatment facilities or hygienic septic tank as prescribed by existing laws, ordinances and rules and regulations;2. Require those non-complying establishments and homes to set-up facilities or septic tanks within reasonable time to prevent industrial wastes, sewage water, and human wastes from flowing into the rivers, waterways, esteros and the Manila Bay, under pain of closure or imposition of fines and other sanctions;3. Submit to the Supreme Court a 5-Year Action Plan on Compliance of Non-Complying Establishments and Homes;4. Submit to the Supreme Court list of names and addresses or offices of the owners of non-complying establishments and homes; and5. Submit to the Supreme Court list of names and addresses or offices of informal settlers who, as of September 30, 2010, own or occupy houses, structures, constructions and other encroachments, along waterways. 2

On the Writ of Continuing Mandamus issued by the Supreme Court, 13agencies were mandated to clean-up, rehabilitate and preserve the Manila Bay byimplementing and/or monitoring LGUs as they perform their respective LGUKPIs. The DILG is one of the 13 mandamus agencies, monitoring six (6) LGUKPIs. The DENR, as the lead agency, has the responsibility to harmonize all theefforts of all the mandamus agencies through the Manila Bay CoordinatingOffice. The framework shall be discussed subsequently. Below are the vision andmission of the Operational Plan for the Manila Bay Coastal Strategy. VISION Manila Bay-reflective of God’s glory-is a clean, wholesome, and productive ecosystem, a center for socio-economic development, and a natural heritagenurtured by Filipino values towards a better quality of life for present and future generations. MISSION To clean-up, rehabilitate and restore the waters of the Manila Bay to class SB level* making it fit for swimming, skin-diving and other forms of contact recreation, and to preserve it thereafter.*SB Level– based on Department of Environment and Natural Resources, Department AdministrativeOrder No. 34 S. 1990 3

GENERAL GUIDELINES FOR THE IMPLEMENTATION OF THE DILG MANILA BAY CLEAN-UP, REHABILITATION, AND PRESERVATION PROGRAM The Supreme Court (SC) of the Philippines, in itsdecision in the case of Metropolitan Manila DevelopmentAuthority et. al. vs. Concerned Citizens of the Manila Bay(December 18, 2008, G.R. No. 171947-48) mandated the LGUswithin the Manila Bay Area and 13 NGAs to clean-up,rehabilitate, and preserve the waters of the Manila Bay andbring it back to class SB based on water classification underthe Department of Environment and Natural Resources’Department Administrative Order No. 34 Series of 1990. Under the SC decision, the Department of the Interiorand Local Government, hereinafter referred to as theDepartment, was mandated to monitor local governmentperformance in terms of SC determined LGU KeyPerformance Indicators (KPIs) and to quarterly report thesame to the SC Manila Bay Advisory Committee (SC-MBAC).Section 1: Basic Policy It is the basic policy of the state as enunciated in the 1987 Philippine Constitution1 and Republic Act No. 7160 or the Local Government Code of 19912 to protect the right of the people to health and to a balanced and healthful ecology. It is the policy of the state to promote decentralization for a more responsive and accountable local government structure, whereby local government units shall be given more powers, authority, responsibilities, and resources3. 1The 1987 Philippine Constitution Article II Sections 15 and 16 2General Welfare clause (R.A. No. 7160, Section 16) 3Declaration of Policy (R.A. No. 7160, Section 2) 4

 It is consistent with the basic policy on local autonomy, that the President shall exercise general supervision over local government units to ensure that their acts are within the scope of their prescribed powers and functions4, in relation, the Department, as the alter ego of the president shall exercise the same supervisory power to assist the President5. It is of note that the power of supervision only pertains to the power or the authority to order an act to be done or redone only to conform to prescribed rules6. It is the prevailing law that Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines7.Section 2: Manila Bay Clean-up, Rehabilitation, and Preservation Program—Program Management Office (PMO) For the promotion of public interest, the rights of every Filipino citizen toa balanced and healthful ecology under the constitution, and this Department’scontinued compliance to the Supreme Court’s mandamus to clean-up, rehabilitateand preserve the Manila Bay, a PMO shall be created to carry out the program. Pending the creation and operation of the PMO, the Bureau of LocalGovernment Supervision shall temporarily act as the implementing office of theprogram. In addition, the drafting of the necessary documents for the creation ofthe PMO shall be the responsibility of said bureau.Section 3: Roles of the Manila Bay PMO The PMO shall be the office responsible in complying with the followingdirectives of the Supreme Court:4National Supervision over Local Government Units (R.A. No. 7160, Section 25)5Executive Order 262 S. 1987, Sections 3 and 46Drilon v. Lim (August 4, 1994, G.R. No. 112497)7Civil Code of the Philippines, Article 8 5

i. Direct and monitor the One Hundred Seventy-Eight (178) local government units within the Manila Bay watershed area to inspect all factories, commercial establishments, and private homes in their respective areas of jurisdiction to determine whether they have wastewater treatment facilities or hygienic septic tanks as prescribed by existing laws, ordinances, and rules and regulations;ii. Monitor the One Hundred Seventy-Eight (178) LGUs as they require non- complying establishments and homes to set-up wastewater treatment facilities or septic tanks within a reasonable time to prevent industrial wastes, sewage water, and human wastes from flowing into rivers, waterways, esteros, and the Manila Bay, under pain of closure or imposition of fines and other sanctions;iii. Assist all LGUs in Resettlement Governance;iv. Provide secretariat services during pre-demolition conferences as part of support to the MMDA and DPWH as lead agencies in dismantling and removing constructions and other encroachments established or built in violation of Republic Act No. 7279 along the Manila Bay itself and the rivers, esteros, and other waterways that eventually discharge water into the bay;v. Assist all LGUs in the formulation of Local Shelter Plans and Resettlement Action Plans and monitor the status of the approval and adoption of the plan by the local sanggunian;vi. Provide capacity development and training seminars to capacitate DILG personnel and local government units in the performance of their deliverables under the mandamus and related commitments/duties;vii. Establish, maintain, and operate inter-agency technical working groups in the formulation of policies and guidelines for the different activities of the program;viii. Submit quarterly reports of LGU performance to the Supreme Court; andix. Formulate and propose for implementation additional performance indicators for LGUs and the Department, taking into consideration the need and its possible impact to the overall status of the order to rehabilitate and preserve the Manila Bay. 6

In line with the enumerated tasks, the PMO shall exercise all the necessarypowers and functions in order to efficiently deliver the requirements of the SC.This shall include the proposal and adoption of activities in support of the above,the issuance of guidelines and instructions for its effective conduct, and thecreation and delegation of such authority/tasks to Inter-agency Committees and/or Technical Working Groups (TWG) as the case maybe.Section 4: Basis of Activities of the PMO The activities of the PMO shall always trace its wisdom and basis on the SCmandamus i.e. the LGU KPIs8 which the Department monitors, theresponsibilities of the Department as stated in the jurisprudence, existing lawsand policies in support of the program9, and the Operational Plan for the ManilaBay Coastal Strategy (OPMBCS)10.8I. % of total commercial establishments, factories and homes along riverbanks and shorelines of Manila Bay watershed area that are inspected for adequate wastewater treatment facilities/septic tanks;II. % of total non-compliant commercial establishments, factories and homes that construct wastewater treatment facilities/septic tanks following inspections;III. % of LGUs in Manila Bay watershed areas outside Metro Manila that are certified as compliant with regulations governing Solid Waste Management, particularly: 10-Year Solid Waste Management Plan, Segregation at source, Segregated collection, Composted, recycled and reused (MRF), and Disposed residual waste in approved disposal site;IV. % of Informal settlers and illegal encroachments (Permanently cleared);V. % of LGUs implementing their Water Quality Plans in compliance with RA 9275; andVI. # of IEC activities.9Republic Act No. 9003 or the Ecological Solid Waste Management Act Republic Act No. 9275 or the Clean Water Act Republic act No. 7279 or the Urban Development and Housing Act10“ DENR is directed to fully implement its Operational Plan for the Manila Bay Coastal Strategy for the rehabilitation, restoration, and conservation of the Manila Bay at the earliest possible time. It is ordered to call regular coordination meetings with concerned government departments and agencies to ensure the successful implementation of the aforesaid plan of action” (MMDA v. Citizens of Manila Bay, De- cember 18, 2008, G.R. No. 17947-48) 7

Section 5: Organizational Structure of the PMO DILG Central Office Manila Bay PMOCO Program Head Program Officer Program Officerfor Solid Waste and for Liquid Waste Water Quality Information Technology Officer Program Officer for ISF and IEC Driver DILG Manila Bay DILG Manila Bay DILG Manila Bay Regional - PMT Regional - PMT Regional - PMT Region III Region IV-A NCR The Bureau of Local Government Supervision is tasked to supervise theProgram Management Office of the MBCRPP which shall consist of a ProgramHead, Program Officer for Liquid Waste (KPIs I and II), Program Officer for SolidWaste and Water Quality (KPIs III and V), Program Officer for Informal SettlerFamilies and Information Education Campaigns (KPIs IV and VI), an InformationTechnology Officer (Database Development and Maintenance) and a Driver. Consequently, the DILG Regional Offices of Regions III, IV-A, and NCRare directed to create their MBCRPP Program Management Teams (PMTs) withat least two (2) Program Officers and two (2) Technical Assistants to effectivelycarry out the activities of the Program. Additional staff may be hired by theregion as determined by the need of the regional office concerned. In addition, concerned DILG Provincial (Regions III and IV-A) Offices areadvised to designate or hire at least one (1) provincial coordinator to cope up with 8

the effort of the Department to increase enforcement of the program and toeffectively keep track of LGU performance for proper referral of non-compliantLGUs to concerned agencies for their appropriate actions. To strengthen performance and capability in the operation andmanagement of these projects, each Project Office will have their PMO and PMTssupported by staff on Contract of Service and Job Order Basis which best respondsto their operational needs. In the assignment of compensation, the rates shall be in accordance withthose established under the Civil Service Law and the Standardized Schedule ofCompensation Rates for Project Positions under Contract of Service in the DILG.Section 6: Coverage The program shall cover One Hundred Seventy-Eight (178) cities andmunicipalities, all under the Manila Bay Area11. These LGUs shall be continuouslymonitored in terms of their KPIs and shall be the target LGUs of the Departmentwith regard to its capacity building activities and other related actions inreference to the SC Mandamus.Section 7: Funding Source All expenses in the operation of the PMO and PMTs and the conduct ofthe Program’s activities shall be chargeable against the Manila Bay Clean-up,Rehabilitation, and Preservation Fund. It shall be the task of the PMO to annually request from the Department ofBudget and Management through the DILG Central Office Management for theprovision of the necessary funds in support of the Program. The PMO is alsogiven the authority to find other fund sources in the form of tie-ups with othermandamus agencies and through the benevolence of international organizations.11Manila Bay Area - refers to the Manila Bay and its surrounding watersheds found in the three (3) administrative regions in the main island of Luzon: the National Capital Region (NCR), the Central Luzon Region and the CALABARZON or the Southern Tagalog Region (Manila Bay Area Environmental Atlas, 2007). 9

Section 7: Repealing Clause Any amendments issued by competent authority, the PMO, or its alternate,shall not invalidate portions of these guidelines which remain unaffected. Thesame shall continue to be in effect unless expressly modified or the previousmodification renders it so much so, incapable of standing on its own. 10

Under the Supreme Court Mandamus, the DILG andthe LGUs, in addition to 12 other NGAs, were tasked toclean-up, rehabilitate, and preserve the Manila Bay andrestore its waters to class SB or waters fit for swimming andother recreational activities. The Manila Bay Coordinating Office (MBCO) wascreated under the Department of Environment and NaturalResources to coordinate the efforts of the agencies to complywith the Supreme Court ruling. The MBCO is the officeresponsible in consolidating all the programs and activities ofthe mandamus agencies which form part of theComprehensive Implementation Plan of the Operational Planfor the Manila Bay Coastal Strategy. The Supreme Court also released key performanceindicators for LGUs and responsible NGAs which they arerequired to undertake and make a quarterly report forsubmission to the Supreme Court Manila Bay AdvisoryCommittee. The Manila Bay Program of the Department of theInterior and Local Government, pending the formal creationof a Program Management Office, is currently lodged underthe Bureau of Local Government Supervision which handlesthe Solid Waste, Liquid Waste, and Habitat Resources Clusterof the Program and the National Barangay Operations Officewhich handles the Informal Settler Families Cluster. Directlyreporting to the two (2) Bureaus are the DILG RegionalOffices III, IV-A, and NCR which have their own assignedFocal Persons and Program Officers under the Regional PMTthat directly cater to the Manila Bay Program concerns. TheRegional Offices deal with the LGUs giving them assistanceand requiring them to provide the data and perform actionsthat would service the attainment of the LGU KPI targets andgoals. 11

Supreme Court Manila Bay Coordinating Office Operational Plan for the MB Coastal Strategy DENR DILG DOH Manila Bay Project Management Office DPWH Solid Waste, Liquid Waste, Informal Settler DA and Habitat Cluster Families Cluster DepEd12 DBM MMDA DILG Manila Bay Regional Program Management Team (PMT) Region III PCG DILG Manila Bay Regional LGU Key Performance PPA Program Management Indicators PNP-Maritime Group LWUA Team (PMT) Region IV-A 178 LGUs MWSS DILG Manila Bay Regional Program Management Team (PMT) NCR

The Manila BayProgram coversRegions III, IV-A andNCR. It covers 43cities and 135municipalities (178 intotal) in eight (8)provinces. 13

The Local Government Units within the Manila Baywatershed area, shall implement and monitor the followingkey performance indicators*: 1. % of total commercial establishments, factories and homes along riverbanks and shorelines of Manila Bay watershed area that are inspected for adequate wastewater treatment facilities/ septic tanks 2. % of total non-compliant commercial establishments, factories and homes that construct wastewater treatment facilities/septic tanks following inspection 3. % of LGUs in Manila Bay watershed areas that are certified as compliant with regulations governing Solid Waste Management, particularly: a. 10-Year Solid Waste Management Plan; b. Segregation at source; c. Segregated collection; d. Composted, recycled and reused (MRF); and e. Disposed residual waste in approved disposal site.*For the guidelines for the LGU KPIs, please refer to Annex V 14

4. % of informal settlers and illegal encroachments (Permanently cleared) 5. % of LGUs implementing their Water Quality Plans in compliance with R.A. No. 92756. # of IEC activities. 15

 Intra- and Inter-Agency Collaboration with the Manila Bay Technical Working Group Waste Analysis and Characterization Study Environmental Compliance Audit for the Manila Bay Area Water Quality Management Framework  Development of Local Shelter Plan  Development of Relocation Action Plan Communicating Performance Monitoring Results to DILG Regional Offices III, IV-A and NCRP  Sub-allotments to DILG Regional Offices III, IV-A and NCR Maintenance of the Manila Bay Program Management Office 16









LGU KPI I deals with thepercentage of total commercialestablishments (CEs), factories (Fs) andprivate homes (PHs) along riverbanksand shorelines of the Manila Baywatershed area that are inspected for adequate wastewatertreatment facilities or septic tanks. Commercial establishments and factories are inspectedfor their compliance on one or both indicators,depending on the need and the amount ofwastewater produced by the establishment whileprivate homes are examined only as to theircompliance with having hygienic septic tanks orseptic tanks that are in compliance with theImplementing Rules and Regulations of Presidential DecreeNo. 856 or the Code on Sanitation of the Philippines. Compliance with adequate wastewater treatment facilities must pass interms of design and of functionality. Both should be satisfied in order for a CE ora factory to be considered as “compliant”. LGU KPI II is connected with LGU KPI I, as it focuses on the CEs, Fs, andPHs that are inspected and determined to be “non-compliant”. The goal of LGUKPI II is to make these establishments comply with the specified requirements.The Regional Offices are instructed to closely monitor the LGU actions withregard to erring CEs, Fs, and PHs, and encourage them to issue notices instructingthe deviant owners to remodel their wastewater treatment facilities and/or septictanks or construct one if remodeling or upgrading is not possible within aspecified period of time upon pain of closure or any other sanction deemedappropriate by the LGU and its existing ordinances. RATIONALE To monitor all establishments (CEs, Fs, and PHs) within the territorial jurisdiction of the LGU on their compliance with specific standards on wastewater treatment facilities and hygienic septic tanks; To make all non-compliant establishments comply; and To improve the water quality of the Manila Bay and its tributaries. 21

The two (2) related LGU KPIs provide the Department with a database ofestablishments within the Manila Bay area and its tributaries. The compliance ofthese establishments are critical to the success of the Program’s efforts inimproving the water quality of the Manila Bay. Because of their location, anywastewater product that they produce can easily permeate the water system ofthe Manila Bay, thus the need for vigilance in the efforts to properly enforce andmonitor the treatment and disposal of these waste matter. COVERAGE The Program covers the 178 LGUs within the Manila Bay Arealocated in Regions III, IV-A and NCR.REGION CITIES MUNICIPALITIES III 13 81 14 53 IV-A 16 1 NCR 43 135 Total KEY LEGAL PROVISIONS Supreme Court Decision dated December 18, 2008 (G.R. No. 171947-48),and its corresponding Resolution dated February 15, 2011, directing the LGUsand the 13 agencies, including this Department, to spearhead the clean-up,rehabilitation and preservation of the Manila Bay PROCEDURESLGU KPI I The local government unit is expected to submit quarterly to their City/Municipal DILG data containing the following information: 22

For CEs and Factories  Complete address of the CEs, Fs, and PHs;  Name of Business (for CEs and Fs);  Is the business registered or does it have a business permit;  Owner of the establishment;  Type of business;  Adjacent rivers or waterways to the structure;  Is it connected to sewer lines (LWUA for Regions III and IV-A, Maynilad or Manila Water for NCR); and  Does it have adequate wastewater treatment facility and / or a hygienic septic tank. For Private Homes  Complete address of the structure;  Head of the family residing therein;  Owner of the structure (if on lease);  Adjacent rivers or waterways to the structure; and  Whether or not the structure has a hygienic septic tank. Data is to be submitted every quarter to the City/Municipal DILG forinitial validation and consolidation. For every succeeding reporting period, theLGU must indicate which establishments or homes are new or have been closeddown.LGU KPI II For the second KPI, the non-compliant establishments and homesdetermined in LGU KPI I is culled out. The objective being is to have thesenon-compliant establishments and homes comply by remodeling or upgradingtheir wastewater treatment facilities and/or hygienic septic tanks or constructingone if remodeling or upgrading is impossible or if none is available. A reportsimilar to that of the LGU KPI I is also generated and submitted by the LGU tothe DILG offices for validation and consolidation. The LGUs are directed to issuecompliance notices to the said establishments ordering them to comply within areasonable period of time to construct the required facilities and septic tanks.Continued non-compliance of the establishments are then to be sanctioned by theLGU accordingly. 23

ROLES AND RESPONSIBILITIESThe Local Government Unit shall:  Create a Manila Bay Task Force / Monitoring Team that would regularly prepare the data for submission;  Ensure that the incumbent Local Chief Executive certify each report submitted;  Take necessary steps to make their data as accurate as possible;  (For KPI II) Issue compliance notices to the non-compliant establishments and homes within their respective jurisdictions; and  (For KPI II) Provide necessary sanctions and punishments for establishments and homes that refuse to comply after the expiration of the term of the issued compliance notices.The City/Municipal DILG Office shall:  Validate the data submitted by the LGU;  Provide assistance to the LGU as may be deemed necessary; and  Monitor LGU compliance with the key performance indicator.The Provincial DILG Office (Regions III and IV-A) shall:  Conduct final validation of the KPI Reports submitted by the City/ Municipal DILG Offices;  Consolidate the KPI Reports from the City/Municipal DILG Offices;  Provide assistance to the LGU/City or Municipal DILG Office, as may be deemed necessary; and  Monitor LGU compliance to the key performance indicator. 24

DILG Regional Office shall:  Conduct final validation of the KPI Reports from the City/Municipal DILG Offices (For DILG Regional Office NCR);  Prepare and submit to the Central Office the Regional KPI Reports;  (For KPI II) Issue advisories to the LGUs to continuously update their data on the KPIs;  Issue advisories to LGUs with non-complying establishments and homes advising them to issue Notice of Violation or equivalent; and  Devise programs and activities for the Region to facilitate compliance to the KPIs and to the Supreme Court Mandamus to Clean-up, Rehabilitate, and Preserve the Manila Bay.DILG Central Office (BLGS) shall:  Devise the report format to be used for the KPIs;  Consolidate the KPI Reports of the Regional Offices;  Verify the data submitted;  Coordinate with the other mandamus agencies to create/propose projects that would boost results for the Manila Bay Program in terms of the KPIs;  Harmonize the LGU KPI Report data with the reports of the other mandamus agencies;  Submit the LGU KPI Report to the Supreme Court; and  Prepare the DILG LGU KPI Presentation intended for the Supreme Court MBAC Meetings. SUBMISSIONS The DILG Regional Offices shall submit to the Central Office (BLGS) 20days after the end of each quarter, a consolidated Regional report of the LGUKPIs. For LGU KPI I, new establishments should be identifiably marked as well asestablishments that have been demolished or closed down during the quarter.This assures that the data for the said KPI is reflective of the situation of the field.The same goes with LGU KPI II with the addition of the count of non-compliantestablishments that have been issued compliance notices by the LGU or punishedfor continued non-compliance and establishments that comply after notification. 25



In keeping with Section 16 of Republic Act No. 7160 or the LocalGovernment Code of 1991 that all local government units shall enhance the rightof the people to a healthful and balanced ecology, this Department introduced theEnvironmental Compliance Audit (ECA) in C.Y. 2012. The ECA is a way ofassessing the compliance of LGUson environmental laws. Itinitially caters R.A. No. 9003 orthe Ecological Solid WasteManagement Act of 2000, andwill gradually expand itscoverage to other pertinent laws. This environmentalassessment was developed inpartnership with the Law ofNature Foundation, and is basedon the mandate of the SupremeCourt-Manila Bay AdvisoryCommittee to the localgovernment units within the Manila Bay Area. RATIONALE Assess the compliance of local government units to basic environmental laws particularly, RA No. 9003 or the Ecological Solid Waste Management Act of 2000; Ensure that public officers tasked to implement environmental laws comply and sustain such compliance; Serve as a monitoring tool and database of LGU performance; and Institutionalize a rewards system to the LGUs within the Manila Bay watershed area that are compliant with environmental laws. 27

COVERAGE The Audit shall cover local governments in Regions III, IV-A and NCRthat are within the Manila Bay area.REGION CITIES MUNICIPALITIES III 13 81 14 53 IV-A 16 1 NCR 43 135 Total KEY LEGAL PROVISIONSSix (6) Key Legal Provisions (KLPs) of R.A. No. 9003 shall be monitored: 1. Local Solid Waste Management Board and Plan; 2. Mandatory segregation of wastes at source; 3. No-segregation/No-collection rule; 4. Functional Materials Recovery Facility; 5. Allowed Disposal facility; and 6. No littering rule and other related ordinances. PROCEDURESThe major steps in the conduct of ECA can be summarized as follows: 1. Assessment interview and on-site monitoring with the LG Officials; 2. Orientation and/or updating of LG Officials on ECA; 3. Filling-out of ECA Data Capture Forms; 4. Ocular inspection for validation of data; and 5. Communicating ECA results to the concerned LG Officials. 28

ASSESSMENT TOOLS In conducting the ECA for the city or municipal and barangay levels,the following tools are required: (1) Data Capture Forms of both the City orMunicipal ECA and Barangay ECA for data gathering requirements; and (2) ECAProtocols and Manual.COMMITTEES AND ASSESSORSCentral CommitteeChairperson : Director of Office where the PMO isMembers lodged : Manila Bay PMO (Central) and other NGAs and CSOs as may be determined by the CommitteeThe Central Committee shall perform the following:  Initiate and coordinate necessary activities for the successful implementation of the Audit;  Provide the criteria and brief the Regional Committee on the rationale and mechanics of the Audit;  Evaluate the nominees of the Regional Committees to determine the National Top Performers;  Secure funding for the prizes; and  Plan and implement the national awarding ceremonies. 29

Regional Committee : DILG Regional Directors (III, IV-A Chairperson and NCR) Members : Manila Bay PMT (Regional) and other Regional NGAs and CSOs, as may be determined by the Regional CommitteeThe Regional Committee shall perform the following:  Initiate and coordinate necessary activities for the successful implementation of the Audit within the Region;  Brief the City and Municipal Committees on the rationale and mechanics of the Audit;  Maintain a database of the Audit results of LGUs within their respective jurisdictions;  Nominate to the Central Committee their respective Regional Top Performer/s;  Gather and consolidate the reports of the rest of the cities and municipalities for submission to the Central Office using the prescribed Consolidation Form;  Re-evaluate the LGUs, as the need arises; and  Conduct regional level awarding for the ECA regional top performer/s.LGU AssessorsHead : Local Chief ExecutiveThe LGU Assessors shall perform the following:  Initiate and coordinate necessary activities for the successful implementation of the Audit within the City/Municipality/Barangay; and  Conduct ECA in both the City/Municipal and Barangay levels and submit data gathered to their respective Regional Committees.Local Government Officials shall:  Fully cooperate in the Audit by submitting duly accomplished and certified ECA DCFs. 30

RULESMethodology Data Collection and Verification – Data collection includes filling-out of the ECA DCFs and all other documentary reviews, while verification includes the ocular inspection of facilities to support the data inputted in the DCFs. Assessment and Validation – Assessment and validation will be initially conducted at the Regional Level to determine the Regional List of ECA Passers and Top Performers. Assessment includes actual documentary review of the means of verification, while validation includes on-site inspection. Regional highest performers shall also be further assessed or validated at the Central Level to determine the National Awardees. (For the ECA Assessment and Validation Guidelines, see Annex VI.) Conferment – The Regional Top Performers automatically become the regional nominees for the National Category. Once identified, the Central Committee shall conduct national validation of their ECA results for purposes of determining the National Top Performers. After the validation procedure and the determination of the top performer, the award shall be given during a duly organized event by the Central Committee.Categories 1 City and 1 Municipality for Regions III and IV-A, Regional : and 1 City for NCR (Municipality of Pateros included) National : 1 City and 1 Municipality from the Regional Category 31

Criteria and Point System POINT SCORE YES NO I. LOCAL SOLID WASTE MANAGEMENT BOARD AND PLAN 1 Local Solid Waste Management Board created through an EO or equivalent 2 Functionality of the Local Solid Waste Management Board 2.1 On Composition City/Municipal Mayor is the Chairperson of the Board. 5 1 The following are the members: 5 1 5 1 A representative of the local sanggunian 5 1 The president of the Local Liga ng mga Barangay 5 1 The chairperson of the SK Federation 5 1 A representative of a local environmental NGO that 5 1 promotes recycling and the protection of air and water quality A representative from the recycling industry A representative from the manufacturing or packaging industry A representative of each concerned government agency possessing relevant technical and marketing expertise as 5 1 may be determined by the Board 2.2 Ten‐Year Solid Waste Management Plan The Local Board caused the formulation of the Local 10‐Year SWM 5 1 Plan. Status of the Plan 1 3 Draft 3 5 Pending approval of NSWMC 5 1 Resubmitted to NSWMC 5 1 Approved by NSWMC 5 1 The Plan is being updated every two (2) years. 5 1 2.3 On Meetings 5 1 The Board meets every quarter. 5 1 II. MANDATORY SEGREGATION OF WASTES AT SOURCE 5 1 3 The LGU is compliant on segregation of wastes at source. III. NO‐SEGREGATION/NO‐COLLECTION RULE 4 The LGU implements segregated collection. IV. FUNCTIONAL MATERIALS RECOVERY FACILITY (MRF) 5 The LGU is compliant on having a functional MRF. V. DISPOSAL FACILITY 6 The LGU has or is serviced by an allowed disposal facility. VI. NO LITTERING RULE AND RELATED ORDINANCES 7 The LGU has a no‐littering ordinance being implemented. 32

Mechanics1. There are two (2) ECA DCFs—the City/Municipal ECA Form and the Barangay ECA Form.2. The DCFs are to be accomplished by the City or Municipal Environment and Natural Resources Officer or equivalent (for City/Municipal ECA Form) or the Sangguniang Barangay Member incharge of the Committee on Environment or equivalent (for Barangay ECA Form).3. All data inputted in the ECA DCFs are to be certified true and correct by the concerned Local Chief Executives .4. Data that will be required may be quantitative or qualitative.5. Both the City/Municipal and Barangay DCFs contain the following: a. Key Legal Provision (KLP) – the six (6) fundamental provisions of R.A. No. 9003 that shall be monitored through the ECA. b. Legal Consequences – cases and fines that may be filed against the LCEs or even individuals who do not comply with the provisions of the law. c. Reasons for Low- or Non-Compliance – statement/s provided by the LCE for low- or non-compliance. d. Next Steps – agreements among members of the Focus Group Discussion (FGD) on their suggestions and plans in the future based on their current compliance level with the different KLPs. These agreements are what shall be monitored in the succeeding conduct of ECA.6. Once the DCFs are accomplished, it shall be encoded in the data score sheet. Both the DCFs and the data score sheet shall be submitted to the respective Regional Offices for verification of data inputted.7. The Regional Offices shall consolidate all the results from the Cities and Municipalities and come up with a list of passers and non-passers, as well as a ranking in both the City and Municipal level.8. Local governments will be assessed on a quarterly basis (will be explained in detail towards the end). At the end of the 4th quarter assessment, the annual overall rating will be computed by averaging the quarterly scores of the LGUs.9. An LGU may only be eligible for the ECA awards for the assessment year if it reaches an overall average score of 3.750 or higher, provided that at any of the quarter scores, it did not have a score lower than 3.750, for instance: LGU Q1 Q2 Q3 Q4 Overall Status Eligible?City X 3.750 3.987 4.023 4.500 4.065 Passer YesCity Y 3.889 3.560 4.046 4.899 4.103 Passer No 33

10. All LGUs assessed may be subjected by the Regional Committees to an on-site revalidation, especially those that qualified as passer. A revalidation must also be conducted by the Regional Committee in case of a tie in rank number 1.11. The entry that ranked first in the City level and the Municipal level shall be the Regional Top Performers and, at the same time, the Regional Nominees for the National Top Performer.12. The final result shall be submitted to the Central Committee.13. The Central Committee, after the conduct of a national assessment of the nominated LGUs, shall select the highest ranking among the City and Municipal Nominees and determine the National Top Performers.14. The Central Committee shall also prepare the Declaration of the National Awardees.15. The Central Committee shall determine the date and venue of the Awarding Ceremonies. All finalists, through their respective Local Chief Executives, shall be invited to attend the Ceremonies. AWARDS CATEGORY CASH PRIZE(PHP) NON-CASH PRIZENCR City Awardee 200,000 CertificateRegion III City Awardee 200,000 CertificateRegion IV-A City Awardee 200,000 CertificateRegion III Municipal Awardee 200,000 CertificateRegion IV-A Municipal Awardee 200,000 CertificateNational City Awardee 1,000,000 PlaqueNational Municipal Awardee 1,000,000 Plaque 3,000,000 TOTAL If an LGU receives the same Award for three (3) consecutive years, theywill qualify as a Hall of Fame Awardee and receive an additional cash prize.This LGU shall also be exempted in qualifying for the succeeding year.However, the performance of the LGUs will still be monitored as normal. If theLGU maintains a high rating the succeeding year, it may receive additionalincentive. 34

FREQUENCY OF ASSESSMENT AND REPORTING The ECA shall be conducted on a quarterly basis to track the performance of LGUs. Awarding will be two-fold, the DILG Regional Offices shall conduct regional awarding ceremonies for their regional nominees, while the Central Office through the PMO shall organize and conduct the National Awarding Ceremony for the national top performers. All ECA DCFs from the City or Municipal levels must be submitted to the respective Regional Committees for consolidation before, but not later than, the 10th day of the month after the previous Quarter (reporting month). The Regional Offices shall consolidate all the reports and submit them to the Central Office on the 20th day of the reporting month. In the event that such dates fall on a weekend or a holiday, submission will be on the nearest working day after the supposed schedule. The Central level must only receive the Regional Score Sheet and the DCFs and MOVs of the Regional Nominees. The DCFs and MOVs must be in PDF file only; contained in a single zipped folder entitled, “ECA - <Region>”; and e-mailed to [email protected] by the respective Regional Offices for consolidation with the following subject: “<Region> <ECA Report for ___ Quarter of 20__>”. The Regional Score Sheets must be submitted in excel format with a transmittal signed by the Regional Director, certifying that the data in the score sheet reflects the results of the ECA of the LGUs. All submissions must be sent only through e-mail. Printed copies will NOT be regarded as proper submission. The submission may not be honored if it deviates from any of the above mentioned rules. FINANCIAL ARRANGEMENTS Upon the determination of National Awardees by the Central Office, corresponding cash prizes will be given in favor of the top performing LGUs. The Central PMO through the Financial Management Service shall facilitate the release of the cash prize, provided that the concerned LGU shall submit a project proposal where the said prize shall be utilized, provided further that the proposed project must serve to increase compliance of the LGU to their KPIs which the Department monitors. It is the responsibility of the LGUs to submit status reports to the CO on the implementation of their proposal until its completion. The same shall be followed by the ROs with respect to the prizes of their Regional Nominees. 35

WASTE ANALYSIS AND CHARACTERIZATION STUDY The conduct of Waste Analysis and Characterization Study (WACS) is a vital component of solid waste management (SWM) planning. WACS is a requirement to be undertaken in the development of a local government unit’s 10-Year Solid Waste Management Plan. The results of the study can be used in developing waste projections for the next 10 to 20 years, which bring pertinent value in the determination of adequate waste collection and disposal systems. Furthermore, WACS results can be utilized in designing waste processing and diversion facilities such as Materials Recovery Facilities (MRFs) and Composting Facilities. RATIONALE The specific objectives of the WACS are as follows:  To determine the volume of waste generated in a specific area (LGU);  To determine the characteristics and composition of wastes being generated;  To determine the bulk density of wastes from different sources; and  To determine the waste generation per capita (kg/person/day). The Study is envisaged to provide a standard approach in the determination of waste generation volume and composition of LGUs. In addition, the results of the study will be used by the LGUs in the drafting of their respective 10-Year Solid Waste Management Plans. Republic Act No. 9003 or the Ecological Solid Waste Management Act of 2000, the Supreme Court Decision dated December 18, 2008 (G.R. No. 171947-48), and its corresponding Resolution dated February 15, 2011, directing the 13 agencies, including this Department to spearhead the clean-up, rehabilitation and preservation of the Manila Bay. Likewise, this Department, in particular, is required to monitor the compliance of LGUs within the Manila Bay watershed area to Republic Act No. 9003 which direct the LGUs, among others, to adopt a 10-Year Solid Waste Management Plan duly approved by the National Solid Waste Management Commission (NSWMC). 36

COVERAGE The Project covers the 178 LGUs within the Manila Bay Area located inRegions III, IV-A and NCR.REGION CITIES MUNICIPALITIES III 13 81 14 53 IV-A 16 1 NCR 42 136 Total KEY LEGAL PROVISIONS R.A. No. 9003 directing LGUs to develop their Solid Waste ManagementPlans. Supreme Court Decision dated December 18, 2008 (G.R. No. 171947-48),and its corresponding Resolution dated February 15, 2011, directing the LGUsand 13 agencies, including this Department to spearhead the clean-up,PROCEDURES, ROLES AND RESPONSIBILITIES The implementation of the program can be done through:  Method One: The LGU Centered Approach; or  Method Two: The DILG Centered Approach. 37

Method One This method of implementation concerns the direct downloading of theallocated funds to each target LGU. This is achieved through a Memorandum ofAgreement between the concerned DILG office and the City/Municipalityrepresented by its incumbent Local Chief Executive. The office responsible has the authority to modify the terms andconditions of the Memorandum of Agreement but in no case shall it go below theminimum requirement that the entirety of the funds downloaded to the LGUshall be solely used by the LGU for the conduct and or formulation of theirWACS.Minimum Roles of Each Party under the MOA The DILG shall:  Facilitate the drafting and signing of the MOA;  Facilitate the release of the necessary funds; and  Monitor the conduct of the WACS by the LGU. The LGU shall:  Provide the DILG with a financial plan concerning the amount of the subsidy;  Solely use the funds for the conduct of their WACS;  Furnish the DILG with a liquidation report after the conduct of their activities;  Furnish the DILG with the results of their WACS; and  Consequently cause the preparation of their 10-Year Solid Waste Management Plans for submission to the DENR-EMB/NSWMC/S for evaluation and approval. 38

Funding (Request, Release, Utilization, Liquidation) The funds intended for the conduct of WACS shall be released,downloaded or transferred to the concerned LGUs. The Manila Bay PMO andPMTs concerned (Central/Regional) shall facilitate the downloading/transferring/releasing of funds through the Financial Management Service. Within 30 daysafter the completion of the conduct of WACS, the concerned LGUs are requiredto submit to the BLGS, in the case of LGUs in NCR, and to the DILG RegionalOffice, in the case of LGUs in Regions III and IV-A, their respectivedisbursement/liquidation report, to ensure that the funds are appropriatelyutilized and accounted for. A copy of the said report will also be provided to theFinancial Management Service, Internal Audit Service and the Commission onAudit. ●●● Method Two Under this method, the concerned DILG Office (Central/Regional/Provincial) shall be the one to hold and disburse the funds for the benefit of theLGUs. The DILG office shall be the one to purchase the necessary materials andequipment as well as provide the salaries for the additional manpower needed toconduct the WACS. The DILG office will coordinate with the LGU and itsresponsible officers for the said activity providing trainings and workshops for theLGU implementing staff. Liquidation and other accounting procedures will becarried out by the DILG office.Minimum Role of Each Party The DILG shall:  Make use of the allocated fund to facilitate the conduct of the WACS of the target LGUs;  Closely monitor the conduct of each LGU’s WACS; and  Provide the necessary trainings/seminars, and or workshops for both 39

Financial DILG Regions III, Technical Assistance (thruSubsidy IV-A and NCR partner NGAs), materials, etc. The LGU shall:  Closely coordinate with the DILG office concerned for the efficient implementation of the program;  Commit to provide the necessary assistance and actions to carry out the WACS in their respective jurisdictions; and  Furnish the DILG with the results of their WACS. FINANCIAL ARRANGEMENTS The funds intended for the conduct of WACS shall be released,downloaded or transferred to the concerned DILG Regional Office, based onapproved Operations Plan and Budget/Work and Financial Plan. The Manila BayCentral PMO shall facilitate the downloading/transferring/releasing of fundsthrough the Financial Management Service. SUBMISSION (In case of Method One) The LGUs are expected to submit to thecontracting DILG Office their respective liquidation reports and the results oftheir WACS not later than 30 days after the end of the study. 40





The philosophy behind the initiative of this Department to providesupport to LGUs within the Manila Bay area for the formulation of their LocalShelter Plan (LSP) and Relocation Action Plan (RAP) is to aid them in organizingtheir activities for the just and humane relocation of Informal Settler Families. These projects envision to assist LGUs in the areas of local shelter planningand Relocation Action Planning for the affected ISFs. In developing LSP, and RAP, the Department shall partnerwith the Housing and Urban Development CoordinatingCommission (HUDCC) and the National Housing Authority(NHA), the agencies mandated to provide the technicalassistance in these areas. RATIONALE The goal of this ISF component is to provide technical assistance to LGUslocated in the Manila Bay Area and its connecting waterways, in terms ofdeveloping their LSP and RAP. The express objective of the LGU KPI on informal settlers is the removaland relocation of 100 percent of identified informal settlers and structures alongcoastal, shorelines and other waterways. To aid the LGU in meeting the above objectives, the Department, incoordination with the Housing and Urban Development CoordinatingCommission, and the National Housing Authority, provides capacity buildingassistance in the formulation of LSPs and RAPs which the LGU would use in theorganized resettlement of ISFs. 43