Energy industry regulators are urging utilities, especially monopolies like the National Grid Corporation of the Philippines, to charge only reasonable expenses to consumer electric bills.
BY ELYSSA LOPEZ / Philippine Center for Investigative Journalism
In its preliminary review, the Energy Regulatory Commission (ERC) disallowed expenses of the National Grid Corporation of the Philippines (NGCP) totalling P3.7 billion, which it said were “improperly documented or not recoverable for customers.”
The biggest items disallowed were for public relations, corporate social responsibility (CSR), and advertising-related expenses.
NGCP’s advertising expenses, for example, reached P130 billion from 2016 to 2020.
The NGCP argued that its advertising expenses were “not for marketing purposes” but for “information dissemination.” The ERC however demanded proof of the need to spend such an amount on ads.
“There is a test of reasonableness [in assessing these expense items]. If these were spent on full-page ads saying: “Bawal humawak ng livewire,” [we must ask]: reasonable ba ‘yung full-page ad saying that?” ERC Chairperson Monalisa Dimalanta said in a news conference in November where she announced the results of the commission’s preliminary review.
In a separate news conference in November, NGCP Assistant Vice President Cynthia Alabanza said it was “unfair” for the regulator to “retroactively” apply new rules.
“Before you join a game, you need to know the rules. And to retroactively apply rules while you’re in a game, that’s unfair,” Alabanza said in Filipino.
“I’m wondering why they released it when it is still raw. It’s like if we had 100 steps to take to the finish line, we’re still in step two,” she said in Filipino in a press conference held right after ERC’s media conference.
Dimalanta said it was necessary to release the initial findings.
“I think we owe it to the public to let them know what is happening [in the review] and to provide guidance on what is allowed and disallowed [in the expenses of the NGCP],” she said in the press conference in November.
Alfredo Non, who served as ERC commissioner from 2012 to 2018, said there should have been “clearer guidelines” on what spending items were “acceptable.”
“As far as I am concerned, the ERC has not released guidelines on how regulated entities may spend on CSR, or salaries,” he said.
The former commissioner, however, did acknowledge that, during his time, the ERC had disallowed salary increases for a government-controlled corporation.
“When the Philippine Electricity Market Corporation asked before for higher market fees because that’s how they cover their budget, for salary increases, we disallowed it. Because they refused to show documents of their payroll,” he said.
“So if NGCP shows documents, then they should be allowed,” he added.
NGCP’s reply to the ERC findings, which has not been made public as of this writing, is expected to have addressed these issues.
ERC said the disallowances were intended to protect consumers.
“It’s not that the commission is prohibiting them (regulated entities), for example, from increasing the salaries of their employees, or giving donations, or engaging in CSR [activities],” Dimalanta said in the ERC’s November news conference.
“What we’re saying is, you can’t recover that from the rates [you impose on consumers]. You recover that from your profits,” she said.
The ERC had previously ruled, in cases involving power distribution utilities, that CSR expenses should not be charged to consumers.
In its 78-page order, the ERC also highlighted that the NGCP, as a public utility, is mandated to incur only “necessary and efficient costs,” with expenses kept “at a minimum.”
Adoracion Navarro, senior research fellow at the state think-tank Philippine Institute for Development Studies (PIDS) said ERC’s moves are intended to send a clear message to NGCP and other entities regulated to practice discipline.
“If before, they (the NGCP) got away with spending on these (disallowed expenses), then the regulator is now setting more discipline,” Navarro told PCIJ. She is a former deputy director general at the National Economic and Development Authority.
“The regulator is now just enforcing that we have to stick with the principles or the rules,” Navarro said.
ERC is making sure that NGCP is “not shortchanging the industry and the Filipino people,” according to a former energy official who asked not to be named.
The official said the entire rate-setting process is supposed to determine which expenses are considered prudent, and it’s up to the NGCP to justify its revenue requirements.
“Because how the commission works is… it is wary. It just wants to make sure that NGCP is functioning at its optimum efficiency, and that it is not shortchanging the industry and the Filipino people,” the official said.
“The concession agreement is a privilege, and that comes with attendant responsibilities,” the official added.
Will there be refunds?
The ERC is expected to release its final determination of the rates in the first quarter of 2024.
Will there be cash refunds? The ERC said it is possible but it’s not guaranteed.
“What we’re seeing are just telltale signs, because they are claiming this much, and we are deciding that they can only recover this much, then there could be a downward adjustment [on their allowable revenue], or a refund,” Dimalanta said in November.
Instead of cash refunds, the ERC is inclined to implement a “reduction of transmission rates,” according to Sen. Sherwin Gatchalian at a Senate hearing to discuss ERC’s budget. He defended the budget of ERC during last year’s budget deliberations.
“In terms of modality, it’s easier to reduce the rates, and easier for the regulator to monitor and apply, and to supervise [that kind of] implementation,” he said during the hearing last Nov. 13, 2023.
How much that reduction would translate into consumers’ electricity bills has yet to be determined, he said. But he assured the public that it would be “significant.”
Non said it was the release of the partial results that “created a wrong impression that there would be refunds.”
The release of ERC’s final review of NGCP’s fourth regulatory period was initially expected as early as August 2023. Instead, a preliminary review was released in November 2023, around the time that Congress was deliberating the national budget.
“It’s budget season. They (ERC) had to show to Congress and the Senate that they were doing their jobs,” the energy official who spoke with PCIJ said.
The Senate approved an P888-million budget for the ERC, higher than the P611 million originally proposed by the Department of Budget and Management.
NGCP in hot water
NGCP faced scrutiny amid heavy criticisms against its performance as the country’s grid operator.
NGCP officials have been called to many House and Senate hearings since parts of Luzon were subject to rotational brownouts in the Summer of 2021. It does not help that the Luzon grid suffers from yellow and red alerts every year, once the hot season comes, too.
NGCP is responsible for building more transmission lines, but many of its projects are delayed. Power producers have previously lamented delays in their connections to the grid.
President Ferdinand Marcos Jr. himself gave NGCP a reprimand during his second State of the Nation Address in July 2023 over these delays.
“We are conducting a performance review of our private concessionaire, the NGCP. We look to NGCP to complete all of its deliverables, starting with the vital Mindanao-Visayas and the Cebu-Negros-Panay interconnections,” Marcos said in his 2023 SONA speech.
In January 2024, Marcos again took a swipe at the NGCP for failing to prevent a massive power outage in Panay Island, which caused its residents to suffer from total blackout for three days.
“This incident emphasized the vital role of these interconnection projects. We cannot afford to have another round of this costly interruption, not only in Panay Island but anywhere in the country,” Marcos said in an NGCP event announcing the completion of the Mindanao-Visayas interconnection.
Marcos pushed for the completion of remaining critical interconnection lines, including the Cebu-Negros-Panay backbone project during the event.
“So, we look forward to your assurances in the promised completion of the 230 kV Cebu-Negros-Panay backbone project by March of this year,” he said.
The ownership structure of NGCP has also been a subject of security concern because it is 40% owned by the State Grid Corporation of China. Lawmakers have expressed fears that Beijing could use the NGCP for sabotage in case of a conflict over the disputed waters of the West Philippine Sea.
NGCP said this is not a concern because “only Filipinos are manning the (NGCP) substations.”
On the other hand, there are concerns that cutting NGCP’s profits could affect its ability to expand the country’s transmission lines.
The NGCP needs the financial muscle to develop the country’s transmission grid and prevent massive blackouts. The NGCP also needs to modernize the grid to support renewable energy suppliers, according to experts.
In a 2023 report, the Climate Analytics think tank estimated that the country would need transmission lines to accommodate 163 gigawatts (GW) of energy, taking into account the variable nature of proposed and committed renewable energy projects.
NGCP’s Ablanza said as much. She said transmission planning would be critical to the green energy push.
“So if they (the ERC) limit our ability to recover our bonafide expenses, then it would have an impact,” she said.
Non warned of the consequences if ERC’s preliminary review is upheld. He said the NGCP’s investors could be “forced to pull out” if the effects of the review put a dent in the company’s financial ability to operate.
“If I were NGCP, I would fight it out [in court], because the basis for you to continue is a going concern. And if the effect of the review is too significant, then I may pull out [of the concession agreement,” he said.
Whatever the outcome, ERC’s final review of NGCP’s rates will inevitably have consequences on the energy industry. It will also translate to real costs that Filipino consumers will bear. END
https://kodao.org/wp-content/uploads/2024/02/PCIJ-ngchp.jpg8001400Kodao Productionshttps://kodao.org/wp-content/uploads/2014/11/kodao.pngKodao Productions2024-02-15 10:02:322024-02-15 10:02:33NGCP told to ‘practice discipline’ to protect consumers
Delays in the rate review process mean the National Grid Corporation of the Philippines will continue to charge transmission rates that critics have described as ‘excessive.’
BY ELYSSA LOPEZ / Philippine Center for Investigative Journalism
First of two parts
The Supreme Court petition filed by the National Grid Corporation of the Philippines (NGCP) to halt a long-delayed review of its rates could keep power costs high and delay potential refunds to consumers.
NGCP is a private monopoly that operates the country’s power transmission lines — the grid — linking power generators to distribution utilities such as Meralco and electric cooperatives nationwide. Costs incurred by the NGCP are passed on to consumers as part of their electric bills, accounting for about 10% of the total bill based on estimates.
The NGCP suffered a setback in November last year when the Energy Regulatory Commission (ERC), in a preliminary review of its rates from 2016 to 2022, the fourth regulatory period (RP), cut its allowable expenditures by half.
The amount included disallowances worth P3.7 billion, which were spent for public relations and advertising costs, among others, that ERC said should not be charged to consumers.
Senators have been among the most vocal in calling for the ERC to order refunds to consumers.
But the NGCP questioned before the Supreme Court new rules adopted by the ERC when it reviewed the rates of the transmission operator. It sought a temporary restraining order (TRO) on the ERC proceedings.
NGCP lawyer Jerome Versoza announced this move in December 2023, as the ERC began proceedings for the fifth RP covering the years 2023 to 2027.
A TRO, if granted, would restrain “the honorable commission from continuing further proceedings with concern to the fourth RP application and the fifth RP application,” the NGCP lawyer said.
The fourth RP, covering the years 2016 to 2022, is the subject of the November preliminary review, whose final determination is expected in the first quarter of 2024. The fifth RP covers the current period, from 2023 to 2027.
‘There is still no TRO’
Pete Ilagan, a consumer affairs advocate and former energy official, warned that a Supreme Court intervention would “delay the reset process, definitely.”
“But the bigger issue is the application for the fourth regulatory process is still pending, and it’s already past the period,” he said. “[It is] a clear case of regulatory failure.”
During the December 2023 hearing, ERC presiding officer, Maria Corazon Gines, took note of Versoza’s manifestation, but proceeded with the pre-trial for the fifth review as the Supreme Court had yet to act on the NGCP’s plea.
“As there is still no TRO or preliminary injunction, then we will continue with the proceedings,” she said.
NGCP’s counsels stayed in the room but did not comment during the two-hour proceedings.
The details of the NGCP petition remain under wraps. News organizations including the Philippine Center for Investigative Journalism (PCIJ) have repeatedly sought a copy from NGCP, but were denied.
The PCIJ has also requested a copy from the ERC, but was refused. The regulator argued that the PCIJ was “not a party to the said case.”
“The ERC is enjoined to observe the sub judice rule (which restricts comments and disclosures pertaining to judicial proceedings), consequently, [we are] constrained to deny your FOI (freedom of information) request,” it wrote in a letter to the PCIJ.
NGCP has publicly questioned ERC’s preliminary review of its rates because the ERC — hobbled by internal issues and later on, the Covid-19 pandemic — changed the rules governing the review process.
The ERC review, called the “rate reset,” is normally forward-looking and akin to a budget process. The ERC approves NGCP’s annual revenue requirement or ARR from which it can charge its expenditures.
The original timeframe of the fourth regulatory period covered five years – from 2016 to 2020. The rate reset should have been done in 2015. However, a series of leadership changes in the ERC delayed the process.
ERC only started the review process in December 2022. ERC decided to look at NGCP’s actual expenses and added two more years to the fourth review period – 2016-2022 from the original 2016-2020 – to clear the backlog in time for the fifth review covering 2023 to 2027.
Critics have found NGCP’s transmission rates, set in 2009, to be “excessive.”
The ERC’s preliminary review of NGCP’s rates from 2016 to 2022 cut NGCP’s revenue requirement, essentially, the transmission operator’s allowable expenses, to more than half.
In its application, NGCP sought a revenue requirement worth P387.80 billion for 2016 to 2020, which meant an annual average of P129 billion. But the ERC, based on its initial review, found that allowable revenue should only be at P183 billion for the period, or about P36.67 billion a year.
The NGCP, from 2016 to 2020, operated on an interim maximum annual revenue (iMAR), approved by the ERC under a different leadership.
This iMAR, said NGCP Assistant Vice President Cynthia Alabanza, was only an estimate but was approved by the ERC as there was no regulatory review at that time.
“Just like when Congress hasn’t approved a government budget, the government would spend based on what was previously allowed. So that’s what we were doing… we were spending based on what was allowed [in the third regulatory period],” Alabanza said in Filipino in a news conference in November 2023.
But the iMAR could be subject to review and may be revised, based on ERC rules.
Majority of the ERC’s cuts in the preliminary review came from three major items:
• net efficiency adjustment
• revenue under-recoveries
• net performance incentive
These three items were worth P104 billion during the five-year review period.
The net efficiency adjustment is the incentive given to the NGCP for achieving “cost reductions in controllable costs,” while revenue under-recoveries are expense items not recovered during the previous regulatory period.
ERC said a decision on both items would be made in the final determination of the review due this quarter.
It is not, however, keen on granting a net performance incentive to the transmission operator.
This incentive is based on a performance incentive scheme (PIS), a set of service and operational performance criteria, which is supposedly set before the beginning of every regulatory period.
If the NGCP meets these criteria, it is rewarded with an incentive. Otherwise, penalties may be imposed.
In its application for the fourth rate reset, the NGCP adopted the PIS set during the third regulatory period. But the ERC said it was “constrained from upholding this position.”
“Considering that the PIS and its factors have not been established prior to the commencement of the fourth regulatory period, it follows that NGCP does not have the basis to enforce the incentives. Conversely, there appears to be no grounds for the imposition of penalties,” the November ERC order read.
Former ERC commissioner Alfredo Non said the ERC position was debatable because the NGCP should be recognized for meeting the criteria for incentives in the previous regulatory period.
“It is not NGCP’s fault that ERC failed to provide parameters for the fourth regulatory period,” said Non, who was ERC commissioner from 2012 to 2018.
ERC said the disallowances were intended to protect consumers. (CONTINUED)
https://kodao.org/wp-content/uploads/2024/02/ngchp-pcij.jpg8001400Kodao Productionshttps://kodao.org/wp-content/uploads/2014/11/kodao.pngKodao Productions2024-02-14 08:38:142024-02-14 13:52:09Philippine power transmission monopoly NGCP questions rate review amid calls for refund
Harassment against Hong Kong migrant workers imperils their employment opportunities and prompts them to incur more debt. Governments are aware of the problem, but advocacy groups say regulations and enforcement are not enough.
BY CHERRY SALAZAR/ Philippine Center for Investigative Journalism
(Last part of the series)
Many Filipinos working in Hong Kong are hounded by their lenders from the Philippines, who even hire debt collectors to threaten and harass their employers.
The Philippine Center for Investigative Journalism (PCIJ) found that Hong Kong employers have received threatening calls and visits from the debt collectors demanding payment for the Filipinos’ mounting debts.
In extreme cases, the employers would receive snakes or photos of their pets with eyes crossed out in their mailboxes or find their door with red paint.
“Marami pong kasong ganyan (There are many such cases),” Dolores Balladares-Pelaez, chair of the United Filipinos in Hong Kong, an alliance of Filipino migrant groups, told PCIJ. “Of course, the employers get angry and are stressed out.’’
Some Hong Kong employers have since required applicants to have no standing debt. For good measure, some confiscated the worker’s passport and contract on arrival that otherwise could be used as loan collateral, an act that is prohibited by Philippine and Hong Kong laws.
In the Philippines, applicants take out loans at interest rates higher than eight percent per annum — from lenders specifically referred by recruiters — to pay for a raft of excessive fees, including placement fees that are lumped with training and medical examination fees.
As their debts pile up, they’re forced to take out new loans to pay for old ones in an endless cycle of indebtedness.
“The worker’s pay is small. A month’s worth of salary isn’t enough to pay off a loan,” Pelaez said, noting that a migrant worker had to divide the monthly pay between loan payments, family expenses back home, and personal expenses. “So it’s not really enough.’’
In China’s special administrative region, migrant domestic workers are paid a minimum monthly salary of HK$4,730 or P33,000.
The problems are clear, but the solutions are not.
1. OFWs need more guidance during the recruitment process so they do not fall victim to unscrupulous recruiters.
2. Not all violators are punished, promoting a culture of impunity among recruitment agencies and third-party services.
3. Some lenders impose high interest rates.
4. Some lenders shirk responsibility when the debts are sold to partners that harass OFWs to collect payment.
Hong Kong reports 11 convictions
The Hong Kong government, which has allowed foreign domestic helpers (FDHs) to work in the region since the 1970s to meet the shortage of live-in helpers, acknowledged the risk of debt bondage among migrant workers, but has no data on this.
In the past five years, it has prosecuted and convicted 11 employment agencies for overcharging commissions pegged at 10 percent of a worker’s monthly wage. It has also ensured that employers shoulder the workers’ medical examination and visa fees, among others.
But the authorities there said governments should do their part, too, to address the issue of excessive placement or training fees.
In a joint response to PCIJ, the Hong Kong Labour Department, Immigration Department, and Police said the problem lies with “the indebtedness of the FDHs in their home countries before coming to Hong Kong.’’
The Hong Kong government could not tackle this alone, they added.
“We have repeatedly appealed to the governments of FDH-sending countries to address the problem of excessive placement or training fees charged by intermediaries in the FDHs’ home countries so as to tackle the problem of debt bondage at source,” they said.
Migrante International pointed to the Department of Migrant Workers’ mandate and responsibility “to coordinate with the other government agencies that can also put a stop to these cases.”
“But still walang (there’s no) strong enforcement and regulation on these lending agencies and further investigation,” said Joanna Concepcion, chair of Migrante International, a global network of Filipino migrant organizations.
DMW Undersecretary Bernard Olalia admitted that there were regulatory “gaps” concerning agencies that collect illegal fees. He said even some compliant agencies bend the rules “just to find a way to charge the OFW” even if the law clearly prohibits it.
Olalia, however, said the department wasn’t treating these agencies with kid gloves.
Erring agencies with valid licenses are charged with administrative cases and violations of recruitment laws. Other agencies with expired or invalid licenses face criminal cases, he said.
From 2018 to 2022, a total of 35 recruiters operating without a license were convicted and 5,099 agencies were charged with recruitment violations, according to DMW data.
High interest rates
High interest rates in Hong Kong could also be a factor in migrant workers’ debt bondage.
Based on Migrasia’s research, a third of surveyed overseas Filipino workers (OFWs) took on debt that “was larger than their annual household income in order to finance costs associated with migrating overseas.”
“And then you’re talking about interest rates that in Hong Kong often exceed 100 percent. We’ve seen them over 300 percent, which means that if you made the minimum payment you would never get out from underneath that debt. So what do you do? You go borrow more money, right? And then you have a debt cycle that you can’t get out of,” it said.
Lending agencies based in the Philippines have also grown wiser. Instead of running after their Filipino clients, they outsource debt collectors to do the job for them. In cases of “bad debts,” they sell loans to their counterparts in Hong Kong.
Advocacy groups said this was one way to collect excessive fees.
Nolivienne Ermitaño, assistant director of the Securities and Exchange Commission’s Financing and Lending Companies Division, said Philippine lenders and their third-party service providers “should be jointly liable, solidarily liable for that.”
“That won’t work. You (lender) are still part of it because you were the one who talked to the borrower in the first place. You can’t say you’re not responsible for that anymore,’’ he said.
On average, OFWs would take more than nine months and spend a fifth of their monthly salary for debt repayment. But some reported a repayment period of as long as three years, a year longer than the contract of household service workers, according to Migrasia data.
OFWs need more guidance
Officials said migrant workers need to do their due diligence before processing pre-employment papers and verify the legitimacy of licenses of recruiters and lenders with the regulatory authorities.
The DMW website lists licensed recruitment agencies for both land-based and sea-based overseas jobs. The list includes agencies that were closed or permanently banned, and agencies with canceled or suspended licenses.
Ermitaño acknowledged that OFWs’ circumstances may “induce (them) to suspend their financial prudential thinking.”
But he said that migrant workers have to be “discerning” and “skeptical” to preempt predatory practices and debt bondage.
The Philippine Overseas Employment Administration (POEA), now absorbed by DMW, had identified fees to be shouldered by household service workers and by employers. This should serve as a guide to Filipino applicants.
Olalia stressed that expenses that may be charged to the employer are neither reimbursable nor deductible from a worker’s pay.
Not all violators are punished
Advocacy groups identified several mechanisms for migrant workers to seek redress for their grievances.
They noted that DMW offers legal assistance and conciliation services; SEC accepts complaints on unfair lending practices; the Department of Labor and Employment processes money claims, and courts hear illegal recruitment complaints.
Workers living in far-flung areas can request assistance from the Public Employment Service Office, a multi-employment service facility maintained by local governments, community-based organizations, and state universities and colleges.
But here lies the problem: Not all migrant workers are aware of their options.
“They are not informed, they are not aware, and if you’re not aware of your rights, you cannot invoke your rights,” DMW’s Olalia told PCIJ.
The undersecretary said the OFW could file a complaint; otherwise, the department could launch an investigation on its own.
DMW can provide legal aid to the worker, from the preparation of his affidavit to the prosecution of the case. Otherwise, it can investigate his complaint on its own, requiring the worker to serve only as a witness, Olalia said.
But based on the SEC’s experience, many workers do not push through with their complaint once the issue comes out in the media and the harassment from the lenders or recruiters stops.
“Mabilis ba? (Is the action fast?) What will it take from my (OFW’s) end? Gaano ba katagal ‘yan? (How long will it take?)” said Ellene Sana, executive director of Center for Migrant Advocacy (CMA), a Quezon City-based non-profit organization promoting the welfare of OFWs and their families.
She pointed out that the bureaucratic process would also require time, energy, and money from complainants. Besides, she added, there’s a host of issues that “will make the worker think twice or thrice whether to pursue [a case] or not.”
Sana also agreed that many workers were aware of recruitment violations but sometimes went along with these out of “desperation to get the job.” END
= = = = =
Illustration by Luigi Almuena
This story was produced as part of the Trafficking Inc. investigation by journalists from the International Consortium of Investigative Journalists, The Washington Post, NBC, WGBH Boston, Arab Reporters for Investigative Journalism, the Philippine Center for Investigative Journalism, and the Investigative Reporting Program at the University of California, Berkeley.
This new PCIJ series follows a two-part report on the fight of Filipino migrant workers for equal pay abroad.
https://kodao.org/wp-content/uploads/2023/07/OFW-debt-intervention.jpg8001400Kodao Productionshttps://kodao.org/wp-content/uploads/2014/11/kodao.pngKodao Productions2023-07-28 09:52:312023-07-28 09:53:32Hong Kong cases expose shortcomings of gov’t interventions to protect OFWs from debt burden
The Freedom for Media Freedom for All (FMFA) a coalition of press freedom advocates, condemns the Philippine Army’s Distributed Denial of Service (DDOS) cyberattacks on the websites of two alternative media organizations, Bulatlat and AlterMidya, as assaults on press freedom and free expression.
We call on the press and the media community as well as free expression groups to join their voices in the collective resistance of these violations of Constitutionally-protected rights.
Philippine Army spokespersons have denied responsibility for the attacks. But the government’s own Department of Information and Communication Technology (DICT), through its Computer Emergency Response Team has traced these actions to the Internet Protocol (IP) address assigned to the PA.
DDOS attacks overwhelm websites with fake traffic and makes them inaccessible. It is no more than a form of censorship repugnant to any society that claims to be a democracy.
Information has always been crucial to the exercise of a people’s sovereign will that is the core of a democracy. A free press must provide a diversity of views so that society can engage in the decision-making process, debate and argumentation that is crucial to good governance.
It is specially vital today when, besieged by a pandemic and in preparation of national elections in 2022, Filipinos must be able to decide who will lead them for the next six years after the end of this administration. The Filipino people are called to make one of the most important decisions in the country’s political history.
The Philippine Army is sworn to defend the country and protect the people. Its service does not operate in the political sphere. In contrast, the press in providing news is necessarily engaged in political affairs. The Army’s interference in the conduct of news organizations over reaches the military mandate. Even as it claims to respect press freedom, these recent actions have directly attacked the press, an institution protected by nothing less than the Constitution.
Since the military by its function is not a repository of democratic values, we call on our soldiers to cease forthwith this insidious campaign to silence media and its members; to limit citizen access to views and perspectives that may differ from those held by the government in power.
The Philippine Army should demonstrate the respect for press freedom in deeds as well as in words.
Signed,
National Union of Journalists of the Philippines (NUJP)
Center for Media Freedom and Responsibility (CMFR)
Philippine Center for Investigative Journalism (PCIJ)
Mindanews
Philippine Press Institute (PPI)
https://kodao.org/wp-content/uploads/2021/09/8.jpeg7001200Kodao Productionshttps://kodao.org/wp-content/uploads/2014/11/kodao.pngKodao Productions2021-09-27 15:02:382021-09-27 15:02:39A Call to the Philippine Army: Respect for Press Freedom in Word and Deed
Sen. Sherwin Gatchalian, former senator Antonio Trillanes IV, and many local politicians are top ad spenders on Facebook a year before the polls. The Commission on Elections is drafting rules to govern online campaigning.
Potential candidates have started advertising on Facebook more than a year before the May 2022 elections, spending several thousand to a few million pesos since August 2020, data from the social media platform showed.
A significant shift to online campaigning is expected during the 2022 elections, especially with mobility restrictions imposed during the pandemic, although in-person activities will remain a staple of the campaign, according to Eric Alvia, secretary general of poll watchdog National Citizens’ Movement for Free Elections (Namfrel).
“Less people now read newspapers, and with the shutdown of ABS-CBN, there are less media outlets covering the news. People are gravitating towards social media,” Alvia told the Philippine Center for Investigative Journalism (PCIJ).
Sen. Sherwin Gatchalian has spent P4.5 million boosting more than 600 Facebook posts over the past eight months, while former senator Antonio Trillanes IV and his supporters spent more than P1 million to promote a total of 45 posts.
They are the two biggest ad spenders so far on the social media platform among potential national candidates. It’s an average of P562,250 in ad spending a month for Gatchalian and about P130,000 a month for Trillanes.
Gatchalian’s Facebook ads were mostly about his stand on issues, particularly on the education and energy sectors. These were pushed through Gatchalian’s official Facebook page “Sen. Win Gatchalian,” which has more than two million likes and followers, as of this writing.
Trillanes advertised his page and his posts accusing President Duterte of corruption. One of the pages supporting the senator — “We support Trillanes 2022” — also showed bills he authored and sponsored. In some posts, both pages used the same graphics.
Other potential candidates have also started advertising on television and radio. Taguig Rep. Alan Peter Cayetano ran an ad that called for the passage of House Bill No. 8597, which seeks to provide each family with P10,000 in cash assistance.
Several ground activities have also been arranged nationwide, including gatherings in support of the presidential candidacy of the survey frontrunner, Davao City Mayor Sara Duterte, the president’s daughter. On Facebook, a few supporters paid for ads to promote her, too.
All these advertisements outside the official campaign period, which begins three months before the polls for national candidates, are not considered premature campaigning. They are not covered by election rules limiting campaign spending based on a 2009 Supreme Court ruling on a petition that sought to ban these early advertisements.
Many local pols
Other early advertisers on Facebook among potential national candidates included Antique Rep. and former senator Loren Legarda, who spent over P400,000; and Sen. Juan Edgardo Angara, who spent more than P200,000 although his second term in the Senate will not end until 2025.
Supporters of Sen. Imee Marcos, Public Works Secretary Mark Villar, and Cabinet Secretary Karlo Nograles also paid for ads to promote themselves. Marcos’s term also ends in 2025.
Among members of the House of Representatives, Camarines Sur Rep. LRay Villafuerte, Jr. spent nearly P1 million and Buhay party-list Rep. Lito Atienza spent over P700,000.
The Digital 2021: Global Overview report showed that Filipinos spent more time than any country in the world on the internet, particularly on social media. The report was conducted by creative agency We Are Social and social media management platform Hootsuite.
The report also showed that Filipino netizens used social media more than four hours on average daily or nearly double the global daily average of two hours and 25 minutes.
More candidates will be relying on social media for advertising, said Rona Caritos, executive director of the Legal Network for Truthful Elections (Lente). She noted how online campaigning, which was previously only used by national candidates during the 2016 polls, has been tapped by local candidates beginning the 2019 midterm polls.
“[Political advertising] will no longer be concentrated at the national level, especially as most Filipinos are scrolling down their Facebook feeds and are on their phone screens because of the pandemic,” she said.
Indeed, many local politicians have paid for Facebook ads. Camarines Sur Gov. Migz Villafuerte spent nearly P1 million while Gatchalian’s brother, Mayor Rex Gatchalian of Valenzuela City, and Cebu Rep. Pablo John “PJ” Garcia both spent less than P200,000.
PCIJ image
Facebook Ad Library
These are data available to the public through Facebook’s Ad Library, a searchable database of ads across Facebook and Instagram, showing the posts that were boosted on the social media platforms and who paid for them.
There are 4,000 ads in the Facebook database so far, although product placements such as those by Chowking PH, the World Food Programme, and Spotify were included in the database.
It is also intended to mitigate foreign interference in elections. “We’ve been involved in more than 200 elections around the world since 2017. We know that every election is different, so we take this experience and work closely with local experts to learn what’s most useful to mitigate risks and prevent interference,” Amador told PCIJ.
Facebook uses artificial intelligence to review all ads before they are shown on Facebook and Instagram.
“In certain cases, if an ad is already running and it’s about elections or politics, it can be flagged by automated systems or reported by our community. These ads will be reviewed again and if found to be violating our policy by missing a disclaimer, we will also take it down and require they complete authorizations to continue running it,” Amador said.
James Jimenez, Commission on Elections spokesperson and director for education and information, said he welcomed the activation of the monitoring tool in the Philippines.
“It’s very important,” he told PCIJ. It will be useful in monitoring election advertising online and make sure candidates will follow spending limits, he said.
“It’s inescapable that Facebook will be a major factor [during the campaign], but hopefully it’s not the only social media platform that people will use,” said Jimenez.
Amador said Facebook will work with Comelec to “find ways to support them in their efforts to hold political advertisers more accountable.”
Comelec Resolution No. 10488, detailing rules and regulations implementing the Fair Elections Act, provides rules to govern online campaign spending.
Candidates are mandated to register their web sites and social media pages, including those that endorse the candidates, and report how much they have spent on advertising. However, monitoring was impossible in previous elections and candidates did not report it, said Lente’s Caritos.
Jimenez said Comelec would release more guidelines for online campaigning before the start of the official campaign period in February 2022.
While the Facebook Ad Library shows how much the candidates spend on the social media platform, it is not clear yet how Comelec will treat the ads paid for by their supporters.
“That’s the challenge. What happens if you are a supporter and you boost your blog post that’s promoting someone’s candidacy? We’re still making the rules for that,” Jimenez said.
Monitoring YouTube, too
Beyond monitoring the candidates’ spending, Jimenez, Alvia, and Caritos expressed concerns about misinformation and disinformation spreading online during the campaign.
Other than Facebook, Caritos sees the need to also monitor YouTube as she expects candidates turning to the “largely unregulated” platform for unscrupulous activities.
Facebook is only next to YouTube as the most popular social media platform among Filipino netizens.
“They will be uploading YouTube videos that spread disinformation, change the narrative, and show ‘alternate realities’. That’s something we will see,” Caritos said.
Namfrel’s Alvia said even short video formats, like those on TikTok and Instagram, would likely be used in online campaigning to boost engagement and recall.
He said the 2022 campaign might particularly see a lot of discourse on Covid-19-related assistance from politicians, including, but not limited to, social amelioration, access to vaccines, and livelihood support.
“Social media is more accessible to a lot of people and the content is easier to digest but not necessarily correct,” Alvia said. “Kanya-kanyang version ng katotohanan (People will be coming in with various stories of their own).” #
https://kodao.org/wp-content/uploads/2021/05/1-8.jpg7201198Kodao Productionshttps://kodao.org/wp-content/uploads/2014/11/kodao.pngKodao Productions2021-05-25 08:30:532021-05-25 14:28:46Potential bets start advertising on Facebook as 2022 campaign shifts to social media
The country has been vulnerable to massive flooding linked to deforestation. The coronavirus pandemic is also a catastrophe that arose from populations occupying wild animal habitats.
By Karol Ilagan/Philippine Center for Investigative Journalism
Key findings:
Forest loss persists in the Philippines even with a log ban and protection laws in place.
Forest cover has remained the same since the first Aquino administration as losses in some parts of the country have eclipsed gains in others.
The Mimaropa region – covering Mindoro, Marinduque, Romblon and Palawan – has seen the worst deforestation in recent years.
The Duterte government excluded reforestation efforts among its commitments to mitigate climate change under the 2016 Paris Agreement.
Bills that are meant to address legal gaps in protecting forests are languishing in Congress.
Mindoro is the seventh largest island of the Philippines. It sits at the bottom of Luzon, where the country’s capital is located, and stretches toward the northern tip of Sulu Sea. Large ships pass through its unpredictable waters, and on its seabed lie the wreckage of vessels that didn’t survive it.
On land, a spine of mountains runs across its center. Its forests are home to the tamaraw, dwarf buffalos whose images once graced once-peso coins. They used to be widespread, but are now critically endangered.
Land conversion has wiped out most of the habitat of the tamaraws. The lush expanse of forests where they liked to wallow in mud pits undisturbed have been flattened to make way for human settlements.
The same fate has befallen a species of pigeons called Mindoro bleeding-heart, named so because their breasts resemble a puncture wound with a blotch of orange at the center that deepens to dark red.
The rate of deforestation, which in turn drives the endangerment of species on the island, has been alarming, said ecologist Neil Aldrin Mallari, who studies the Mindoro bleeding-heart as president of the Center for Conservation Innovations.
The birds are also found on the islands of Negros, Panay, and Mindanao but the lowland forests where they used to live — the temperature there is right and fruits are aplenty — have drastically thinned through the years.
Mallari said the few remaining pigeons try to adapt, retreating to high altitudes where there are still trees to offer refuge. Those trees are their last stand.
Mindoro lost more than 200,000 hectares of forest cover from 2003 to 2015. That’s about the size of land that 3,000 SM Mall of Asia complexes would cover if they stood side by side. The neighboring tourist haven of Palawan also lost nearly 30,000 hectares of forest land during the same period, based on government data.
The losses of Mindoro and Palawan in terms of forest cover make Mimaropa the most deforested region in the Philippines, even if other islands in it such as Marinduque and Romblon had recorded some gains.
Mimaropa is also a microcosm of the state of forests in the country. Some provinces have successfully expanded their forest cover, but the gains were erased by consistent losses in others.
A log ban and a number of laws have been in place for decades to restore the forests, but the absence of a coherent policy on forest management has resulted in various forms of land conversion that continue to drive deforestation at an alarming rate.
The country’s forest cover is only about seven million hectares or 23% of the country’s total land area, based on official numbers, although experts are afraid that this number is overestimated.
That’s a lot of forest lost from the early years of the Spanish colonial period, when forest cover was over 90%. The first Christian missionaries saw trees extending from the shores to the mountaintops, and likened the country to a paradise.
Abuses of the countrys’ forests eventually harmed the population. The massive floods brought by typhoons “Uring” (international name “Thema”) in Ormoc in 1991 and “Ondoy” (“Ketsana”) in Metro Manila in 2009 were just two of the disasters blamed on massive deforestation. Lush forests and watersheds could have held large amounts of rainwater that otherwise flowed into the communities, experts said.
The coronavirus pandemic that is taking its toll on the world — rich and poor countries alike — is also a stark reminder of a catastrophe that happens when populations occupy the habitats of wild animals. Covid-19 is a zoonotic disease that experts said likely jumped from a bat, then to another host species, before it infected humans.
It’s a cycle of tragedies where humans are both the culprits and the victims.
Mallari predicted that Mindoro’s bleeding-hearts would soon vanish. It’s time to think seriously about the impacts of human activities on nature, he said.
“Extinction of species is not just about the cuddly animals,” he said. “We care because they are the building blocks of our ecosystem. ‘Pag nawala sila, wala rin tayo (If they are gone, so are we).”
The Philippines is one of the world’s very few mega-biodiverse countries and one of the most vulnerable to climate impacts. The stakes are higher for the country.
The vanishing Philippine forests: Extent of forest cover loss in the last century Source: Dolom, 2006; Adopted from Environmental Science for Social Change (1999) Courtesy of Dr. Neil Aldrin Mallari, Center for Conservation Innovations
Threatened and endemic species are retreating to mountains where forests offer refuge. Source: Dr. Neil Aldrin Mallari, Center for Conservation Innovations
Dwindling forests
Forests made up 27.5 million hectares or 92% of the country’s total land area in the 16th century, when Spanish colonizers arrived. Forest cover dropped to 15.8 million hectares during the last years of the American occupation and to 10.6 million hectares just before the declaration of Martial Law.
It further shrank to 6.4 million hectares just after the 1986 People Power Revolution. Since then the country’s forest cover hovered at just under 7 million hectares on average.
The Americans systematized logging, which worsened during Martial Law when dictator Ferdinand Marcos rewarded relatives and cronies with Timber License Agreements (TLA). The country recorded one of the worst deforestation rates in the Asia and Pacific region during those years, losing 316,000 hectares of forest annually on average. The TLA holders did not adopt selective logging, a sustainable way of harvesting timber. They cleared forests, did not replant, and even went beyond their concession areas.
Each administration drew up policies and programs to restore forests. Rehabilitation efforts have been in place since the 1910s, and there’s a long list of acronyms and agreements between and among national and local governments, communities living within and near forests, as well as the private sector.
But these efforts were mired in allegations of mismanagement, corruption and power play.
Following the fall of the Marcos regime, the Cory Aquino government prioritized reforestation with support from bilateral partners and multilateral institutions. Timber exports were banned in 1992 and community-based approaches were introduced following the devastation brought by Typhoon “Uring,” whose heavy rains submerged Ormoc City and killed over 5,000 Filipinos.
Jose Andres Canivel, executive director of the Forest Foundation, said massive deforestation stopped when the government halted the issuance of TLAs. No conclusive data was available, but the shift to Community-Based Forestry Management Agreements might have helped ease the pressure on forests, he said. It’s a tenurial instrument that allows qualified upland communities and people’s organizations to develop, utilize and manage portions of forest lands and resources.
Forests recover if left alone, and conversion to agricultural land, timber poaching, and forest fires are stopped. They regenerate with the help of bats, birds, and other animals that disperse seeds, Canivel said.
He cited areas in the Sierra Madre and Apayao, which were once logged over but now have closed-canopy forests. “Nag-logging d’yan, natigil (They used to log there), now the forest has taken it back,” he said.
The second Aquino government also embarked on a massive reforestation program, the National Greening Program, which aimed to double the country’s forest cover by 2028. Funded by taxpayers’ money, it sought to rehabilitate 7.1 million hectares of unproductive, denuded, and degraded forest lands.
President Benigno Aquino III also banned logging across the country entirely, in the wake of severe floodings that also claimed many lives. Prior to the executive order, the impacts of Tropical Storm “Sendong” (“Washi”) in December 2010 and Typhoon “Ondoy” (“Ketsana”) in September 2009 were linked to deforestation.
Despite these efforts, however, the country’s forest cover has not grown from 7 million hectares since the first Aquino administration. It hit a plateau because gains from restoration efforts in some parts of the country were erased by losses in others.
The steady numbers betray the alarming rate of deforestation in many parts of the country, according to experts. The geographical breakdown of 12 years’ worth of data showed that half of all provinces registered losses totaling more than 154,000 hectares, based on the National Mapping and Resource Information Authority’s satellite survey.
The real situation is probably worse. Canivel said satellite imagery should be verified on the ground because plantations might have also been scanned. Many forests had been cleared to make way for plantations, which did not count as forests, he said. For instance, forests in the Caraga region had been planted with timber, and in Palawan, oil palm. Samson Pedragosa, Haribon Foundation advocacy officer, also questioned liberal definitions of forests adopted by the Philippines. A half-hectare land with a tree canopy cover of more than 10% is considered a forest, according to the United Nations Food and Agricultural Organization (FAO).
Mallari said this global definition did not quite match the characteristics of tropical rainforests, which should be dense and diverse. An increase in forest cover might not necessarily be due to growing trees, but because of the way forests were redefined, he said.
Philippine forests are also defined by their physical attributes – more than 1,000 meters above sea level and/or with an 18% slope – rather than their ecological function, Mallari said.
PCIJ requested an interview with the Forest Management Bureau (FMB) to verify the data it had provided as well as understand the country’s forest management strategy. The FMB acknowledged PCIJ’s letter, but could not respond to questions as of writing.
Global Forest Watch (GFW), a US-based monitor of global forests, has an alternate barometer of annual forest loss showing that more than 7,700 hectares of forest cover, equivalent to nearly 20 basketball courts, were lost every hour in the Philippines last year.
This adds up to an area the size of Iloilo City in over a year. The loss was 2% higher in 2020, mirroring the global trend. Last year, forest destruction increased 12% worldwide.
GFW also uses satellite imagery to measure deforestation, but its data cannot be compared with FMB’s. The former monitors not just forest loss, but all other indicators of deforestation, like tree loss, tree gain, and fire alerts.
Alarming rates of deforestation are happening worldwide. GFW recorded 4.2 million hectares of forest loss, an area the size of the Netherlands, occurring within tropical primary forests around the globe. Some progress, however, has been recorded in Southeast Asia as forest losses in Indonesia and Malaysia have declined for the fourth year in a row in 2020.
Read about Malaysia’s declining forest loss by Rainforest Investigations Network fellow Yao Hua Law of Macaranga.
The Duterte government continued Aquino’s reforestation program. The Enhanced National Greening Program (E-NGP) seeks to rehabilitate 1.2 million hectares of denuded forest lands before President Rodrigo Duterte’s term ends in 2022.
More than 1.74 billion seedlings have been planted from 2011 to 2020 in more than 2 million hectares of land area, FMB records showed. The program likewise generated more than five million jobs.
The E-NGP is among the programs designed to achieve the country’s REDD+ objective – results-based climate change mitigation strategy – under the UN Framework Convention on Climate Change (UNFCCC). “REDD” stands for “reducing emissions from deforestation and forest degradation.” The plus sign represents the expansion of its focus to the role of conservation, sustainable management of forests and enhancement of forest carbon stocks in developing countries.
The Philippines drew up its National REDD+ Strategy in 2010 but an update published by the FMB in June 2017 showed that the country was still in the “readiness phase” and taking “readiness steps” to establish demonstration sites, as well as undertaking studies to implement it.
FAO’s 2015 Global Forest Resources Assessment ranked the Philippines as fifth among 234 countries with the greatest reported gain in forest area annually from 2010 to 2015. The FMB attributed it to the then four-year-old National Greening Program.
Researchers have raised red flags on the implementation of the program. In 2019, the Commission on Audit (COA) found several issues with the DENR’s fast-tracking of the program as it led to the imposition of targets beyond the capacities of officials; the lack of survey, mapping, and planning; and the inclusion of far untenured areas, which will be abandoned after the term of the maintenance and protection contract, among others.
“Instead of increasing forest cover, fast-tracking reforestation activities only increased the incidences of wastage,” the COA said.
State think-tank Philippine Institute for Development Studies found that the survival rate of the trees planted under the NGP stood at just 61% in 2016 or below the 85% goal.
Moreover, University of the Philippines researchers found that forest cover loss in three sites in the Sierra Madre mountain range declined from 2011 to 2015 but increased from 2016 to 2018. Using satellite data, the study found that the net effect was a balance of reforestation and deforestation, or no significant gain.
Mallari, Canivel, Pedragosa and former environment undersecretary Antonio La Viña all raised concerns over the implementation of the NGP and the E-NGP. They said the efforts to protect the seedlings, the kinds of trees planted, and where the trees were planted needed to be scrutinized.
GFW data from 2002 to 2020 even showed that forest loss in the Philippines had reached a record high during the Duterte administration. The country lost more than 10,000 hectares of primary forest on average every year during his term. This was higher than the annual averages during the terms of Gloria Arroyo and Benigno Aquino III.
In a span of 18 years, forest loss reached its peak in 2017 during Duterte’s second year in office. The decline continued in the following years although the figures remained within the annual average of about 8,000 hectares.
Pockets of success, however, can be found in rehabilitation efforts done by nongovernment organizations, community groups and the private sector in areas such as the Ipo Watershed, Upper Marikina Watershed, and the Masungi Georeserve. At the center of these efforts are the communities that live in or near the forests.
Forests and climate change
The Duterte government excluded reforestation efforts from its list of commitments under the 2016 Paris Agreement to mitigate climate change. Instead, it was included among adaptation measures, in which Manila pledged to “pursue forest protection, forest restoration and reforestation, and access to results-based finance in forest conservation.”
Mitigation is aimed at addressing and minimizing the causes of climate change, while adaptation is focused on reducing its impacts.
This was curious, according to La Viña, also a former climate change negotiator for the Philippines, and Ian Rivera, coordinator of the Philippine Movement for Climate Justice.
La Viña said he was still studying why the government did not include forests to mitigate greenhouse gas emissions in its list of commitments. The sectors included in the country’s mitigation efforts are “agriculture, wastes, industry, transport, and energy.”
Loss of forests is a major contributor to greenhouse gas emissions. At least 20% of global emissions come from deforestation. Addressing the problem is crucial to avoiding the dangerous impacts of climate change.
“We should be looking at enhancement so we can go back to at least 10 million (hectares), for instance,” said La Viña.
Neighbors Indonesia and Malaysia are good examples as they have placed forests front and center to mitigate emissions. Indonesia imposed a moratorium on the clearing of primary forests, prohibited the conversion of remaining forests, and adopted sustainable forest management measures. Malaysia committed to conserve its Central Forest Spine, which supplies 90% of its water, and the 220,000-square-kilometer “Heart of Borneo,” said to be Asia’s last great rainforest. The Paris Agreement is an international treaty that aims to avert climate catastrophe. A total of 196 parties were expected to submit action plans last year. The commitments to reduce greenhouse gas emissions are detailed in documents called nationally determined contributions or NDC.
A financial mechanism was also established, in which high-emitting developed countries provide funds to less industrialized countries. This will help developing countries like the Philippines, which emitted an average of 1.98 metric tons of carbon dioxide per capita in 2020 or about half of the global average of four metric tons, bear the brunt of climate change.
Duterte initially aired his misgivings about the Paris climate agreement, questioning how developed countries had dictated the terms of the collective fund that would be used to help developing countries achieve climate goals. He eventually signed it in March 2017.
Based on the NDC it submitted to the UNFCCC on April 15, 2021, the Philippines is targeting to reduce greenhouse gas (GHG) emissions by 75% by 2030. Accomplishing 72.29% of this goal depended on funding and assistance from the international community, based on its report to the UNFCCC on April 15, 2021.
No greenlight for the ‘green bills’
Just maintaining the country’s forest cover is not enough, said La Viña, who is now executive director of the Manila Observatory, a scientific research center. “[There’s] no major initiative or nothing significantly negative comes to mind,” he said.
He said proper management of the country’s forests is key, but laws that seek to do this have been languishing in Congress.
The country’s primary forest code is a Martial Law-era presidential decree that essentially promotes commercial logging, La Viña said. Although P.D. 705 has since been modified with the passage of the National Integrated Protected Area System in 1992 and the Indigenous People’s Rights Act in 1997, a different law is needed to set the criteria on how forest resources should be managed and utilized, he said.
“There’s no criteria when you can cut or not because we’re still using the old forestry code,” La Viña said.
Canivel said P.D. 705 promised an industrialization scheme where forests would contribute to the economy, but this didn’t happen. He made the same call to pass “green bills” pending in Congress. The log ban that Aquino issued in 2011 is only an executive order.
Passage of the NLUA is needed to delineate forest boundaries and protect them. Land conversions are the main threats to forests, said Haribon’s Pedragosa.
“Hindi pwedeng gamitin sa agriculture. Hindi pwede gamitin sa iba pang uses kung hindi forest lang talaga (It cannot be used for agriculture. It cannot be used for other purposes but it’s supposed to be just for forests),” he said.
The SMFA is needed to set criteria for allowing logging, and settle debates on whether or not the government should allow selective logging or commercial logging. It should not be preoccupied with issuing timber-cutting or tree-cutting permits, and should set aside areas for conservation and management, restoration, and sustainable use, Canivel said.
“The new law has to be mindful of what we need to protect, what we need to restore and what we need to allow,” he said.
Intended to replace the Mining Act of 1995, the AMMA seeks to ban extraction in environmentally critical areas such as small-island ecosystems and primary and secondary forests and watersheds. It also seeks to prohibit dumping of mine wastes into water systems.
All these laws are urgent, said Canivel. “We are faced with different realities. We understand forests better now. We certainly need a new policy framework.” FIN
This story was produced in partnership with the Pulitzer Center’s Rainforest Investigations Network (RIN). To learn more about forest stories across the globe, visit the RIN fellows’ page here. Infographics: Joseph Luigi Almuena
https://kodao.org/wp-content/uploads/2021/05/609b67019519d-Forest_loss_main_rectangular.jpg400700Kodao Productionshttps://kodao.org/wp-content/uploads/2014/11/kodao.pngKodao Productions2021-05-19 13:50:022021-05-19 13:54:377M hectares of Philippine land are forested — and that’s bad news
Baguio was named to the Unesco Creative Cities Network in 2017. The city’s artists evaluate their performance four years later as the UN body is set to review the designation.
BY MARIA ELENA CATAJAN/Philippine Center for Investigative Journalism
How essential is art during a pandemic? In November 2020 Baguio City pushed through with the “Ibagiw 3rd Baguio Creative Festival” to showcase local arts, craft, and performances.
“Ibag iw” is a vernacular term that means someone who came from or something made in Baguio. The festival kicked off at the Baguio Convention Center and was livestreamed for all of the internet to see.
Cultural performers grounded for months performed again, wowing audiences as they entered the stage mounted on horses and sashaying to the beat of gongs – a ritual offering to the mountain gods.
Artisans were able to sell their wares again. Crowds trooped to the University of the Philippines-Baguio and Sunshine Park – ushered in batches to maintain physical distancing – to buy bags, clothes and wraps, wood and silver craft, small art décor, and basketry.
There were new items on display: face masks made of local textiles.
It was a month-long activity that sought to revive the sector shut down by the pandemic. It carried the theme: “Angat Baguio: Rising together through Creative Resiliency, Sustainability and Innovation.”
Artist Karlo Marko Altomonte, director and performance artist, said some 600 Baguio artists were rendered jobless when tourism was shut down by the pandemic.
The tourist drawer Panagbenga was among the first victims of the coronavirus pandemic. The city canceled the festival in February 2020 to avoid a super-spreading event. The flower festival that closes off Baguio’s Session Road for floral floats, street dancing, and a big trade fair has always been the busiest time for many of the city’s creatives.
The pandemic cost Baguio’s tourism industry an estimated P7 billion in revenues last year, based on earlier projections of over 1.5 million tourist arrivals. A tourist usually spends about P2,500 for a half-day stay in the city.
As the pandemic hit artists hard, private groups staged small activities – performances, auctions, and barter events – during the early months of the pandemic in an effort to help the struggling creatives.
Baguio City Mayor Benjamin Magalong also called a meeting with the artists to facilitate discussions on support for the city’s creatives during the pandemic.
Funding for the Ibagiw festival came from a P5-million allocation from the city government. Other activities included the online exhibit Binnadang Cordillera and the Mandeko Kito trade fair, but the festival proper received the bulk of the funding.
Organized by the Baguio Arts and Crafts Collective, Inc. (BACCI), the festival also had the backing of the Department of Tourism. As the country’s coronavirus infections showed signs of ebbing, the group launched efforts to revive tourism and support the economic recovery.
But Baguio’s creatives are split over how the money was spent.
An image from one of the performances at the Ibagiw Creative Festival held in November 2020. File photo: Courtesy of SunStar Baguio
‘Give artists financial aid’
The festival was “generally well-staged” but some events were “overly lavish” and “tone-deaf” considering the pandemic, said Altomonte, creative director of the festival in 2018. It would have been more helpful if some funding was given to artists in need, he said.
“How many artists got compensated in the festival?” Altomonte asked.
“Much of the funds that went to elaborate lights, sound and multimedia equipment, fancy catering to wine and dine a chosen few, could’ve been saved if they did away or at least toned down the staging of certain events. These funds could’ve been allotted instead for more commissioned works for displaced artists, or even direct aid to those who got infected by Covid or to families of artists who passed during the pandemic,” he said.
Luchie Maranan, writer, poet and convener of the group LODI (Let’s Organize for Democracy and Integrity) in Baguio, said the creatives should be trusted to manage funds that would benefit the community.
City hall has the say on how the funds are spent, she pointed out. “There should be a strong organization of artists, creatives, writers, musicians that will stand up for their rights and welfare,” she said.
Aside from ensuring transparency and accountability, this will avoid a situation in which other stakeholders feel left out, Maranan said.
BACCI president Adelaida Lim confirmed that no assistance was given to the sick and those who passed away during the pandemic as well as artists, saying the plan to give the creative sector a “social safety net” was for the long term.
The Mandeko Kito trade fair – which championed arts and crafts made of textile and silver – raked in P1.75 million in sales. The Ibagiw festival exhibits featuring the works of 70 veteran and up-and-coming artists recorded gross sales of P878,000. BACCI, which handpicked the artists after an open call for participation – received a percentage of the sales from both income-generating activities to parry expenses.
BACCI said it didn’t keep a record of sales from the online exhibit Binnadang because the inquiries were directed to the artists.
Something unfortunate also happened: Baguio’s renowned filmmaker Kidlat Tahimik and his wife Katrin tested positive for Covid-19 after the Ibagiw festival. They have since recovered.
“It wasn’t just a finance issue. It was also a safety issue,” said Altomonte. “Only the case of Kidlat Tahimik was made public. We will never know the actual health and safety impact of the events where a considerable mass gathered. [These were] social events that were more of a luxury than a necessity.”
Altomonte referred to photos of opening and closing galas where health protocols, he claimed, were largely ignored. “I found them to be quite risky and irresponsible and, again, ones that the festival could’ve done without. Resources could’ve been directed to artists directly instead,” he said.
Delayed payments to artists
Painted by artist Venazir Martinez, this artwork titled ‘Hila-bana’ shows the 13 indigenous peoples in the Cordillera. Photograph: Lauren Alimondo
The festival was also marred by complaints over delayed payments to artists and artisans and prizes to contest winners. The events, staged to uplift the spirits, have instead caused stress, Altomonte said.
Erlyn Ruth Alcantara, curator of the Interlinked exhibit, said that as of March 20, full payment had yet to be released, as the process was excruciatingly slow.
Alcantara said she was told to submit missing requirements, such as registration with the government procurement portal Philippine Government Electronic Procurement System (PhilGEPS), four months after the festival.
Lim pointed to the auditors at Baguio City Hall.
“While it is true that we have encountered delays and some glitches in the release of payments due to the accounting and auditing protocols implemented by all government agencies, majority of the services provided have already been settled,” she said.
BACCI said about P2.4 million had yet to be paid for various services rendered for the 2020 event.
BACCI: Ibagiw Festival gave artists hope
National Artist for Film Kidlat Tahimik. File photo: Courtesy of SunStar Baguio
Despite the hitches, Lim said the festival gave artists hope. “[The year] 2020 was different. Beyond financial benefits, though significantly important especially in a time of economic uncertainty, the Creative City Festival gave the creative community the benefit [of] hope, that things are getting better and will get better,” she said.
But Altomonte said BACCI “failed to go beyond the organization it has promised to become.”
“It should go beyond one to two weeks of economic activity [and] commissioned works. What happens after? BACCI has to be more than a producer. When an artist is hospitalized or dies, we do fund-raising among ourselves, there is no support system. They (BACCCI) have been silent in the pandemic, there is no collective voice,” he said.
Lim said BACCI has other programs such as Advanced Skills and Innovation Training for Crafters, branding seminars, an artisans’ fair, competitions, and art exhibits. BACCI is also in discussions to formalize the local creative sector and legitimize professional transactions, which will maximize their economic potential.
Unesco review this year
Baguio City became part of the Unesco Creative Cities Network (UCCN) in 2017, joining 63 other cities from 44 countries. Former Cordillera tourism office chief Venus Tan, backed by University of the Philippines-Baguio Chancellor Raymundo Rovillos, spearheaded the effort.
The network aims to facilitate cooperation among cities and support United Nations frameworks, particularly the 2030 Agenda for Sustainable Development.
A first for the country, Baguio City was recognized for the “crafts and folk arts” of the Cordillera region as seen in architecture, parks, textile, fabrics, furniture, fashion accessories, paintings, and sculpture comprising its “creative economy.”
Kidlat Tahimik acknowledged the impact of the Unesco recognition, but said: “Para sa akin with or without Unesco or city hall, artists have been alive and kicking. Kahit maliit support sa artists, they (government) give us crumbs for festivals, we (the artists) put Baguio on the map, not the Panagbenga.”
Artistic works have weathered time and neglect, but the artists have remained true to the call of their muses, the filmmaker said.
Kidlat Tahimik is happy with the attention given by Magalong, the Baguio mayor, but hopes for better times when the contributions of artists are fully recognized and given importance.
“We (artists) cannot be quantified. ‘Di nabibilang ang contributions namin kaya invisible kami (Our contributions are not counted, that’s why we’re invisible). ‘Di kami registered na artists (We’re not registered as artists), we are the smallest tax payers, we are the smallest number of votes, but crafts are the biggest contributor to the creative economy – it’s the weavers, painters, sculptors.”
Unesco will review creative cities designations this year. Lim said she was hopeful the city would be given the title anew.
“We would like to believe that Baguio has a great chance of being considered again after the time of its evaluation, but there are many more [things] to be done especially in creating policies and protocols for creative projects,” she said.
But Altomonte said the city failed to fulfill the goals of the network. He thinks the city’s creative sector needs better leaders who can do more than hold festivals and give away cash prizes.
“What has happened to us? What Unesco wants is for us to develop [and] improve. We have the potential to become a real driver,” Altomonte said. #
https://kodao.org/wp-content/uploads/2021/03/x1-8-scaled.jpg17072560Kodao Productionshttps://kodao.org/wp-content/uploads/2014/11/kodao.pngKodao Productions2021-03-28 08:22:202021-03-28 08:22:22Art festival amid a pandemic? Baguio creatives disagree over how to spend city financial support
Fines from lockdown arrests have bled poor Filipinos dry while the rich and famous get wrist slaps for similar offenses. Calls for a different approach grow louder as the pandemic lockdown enters its second year.
BY AIE BALAGTAS SEE/Philippine Center for Investigative Journalism
Hunger pains hit Erwin Macahig, 30, at an inconvenient time on a hot and humid evening in the slums of Navotas.
It was 9 p.m. on April 8, 2020, an hour past the city-imposed curfew that took effect roughly two weeks after the country’s Covid-19 infections began to rise and the Philippine capital was put on lockdown. The city streets turned into a ghost town manned by cops and soldiers in camouflage uniforms. The poorly lit alleys where Macahig lived seemed even darker in the silence of the night.
He was walking toward a sari-sari store when someone grabbed his wrist from behind. A cop. Three of his neighbors – out on the streets like him – were rounded up as well.
The cops were accompanied by barangay officials who were jittery about Covid-19 spreading in the village and wouldn’t tolerate excuses that night from residents who violated the curfew ordinance.
After getting a swab test at a public hospital, Macahig and the three other men were taken to a school where they were to be detained for the next 30 days for “simple disobedience” – unless they could post bail worth P3,000. For someone who had just been retrenched, the amount was a fortune that was impossible to raise in the middle of a pandemic.
“We did not receive financial aid from the government. Our food supply was only a few canned goods and three kilos of rice for a month. And they want us to pay a P3,000 fine? Where are we going to get that money? Frankly, they just made our difficult situation tougher,” Macahig told the Philippine Center for Investigative Journalism (PCIJ) in Filipino.
Getting a criminal record for a mere attempt to buy food was beyond Macahig’s imagination.
“I don’t deny committing violations but why did they have to treat me like I just murdered someone?” he said.
Punitive pandemic response
Lockdown arrests marked the early months of the Philippines’s response to the coronavirus pandemic. Police Task Force Covid Shield has not released the total number of Filipinos arrested, detained, or fined one year since the lockdown began on March 15, but it was already at 100,000 as of September 2020.
Police Major General Marni Marcos, chief of the Directorate for Investigation and Detection Management, has yet to respond to PCIJ’s requests for data.
The punitive response has drawn a lot of controversies. In Santa Cruz town, capital of Laguna province, curfew violators, including children, were locked up in a dog cage. In Dasmariñas Village in Makati City, a Spanish national was declared an “undesirable alien” who could no longer return to the country, after an altercation with cops over mask rules. In Quezon City, a former soldier with mental illness was killed by cops after a commotion near a quarantine control point.
Many ended up in packed detention centers, which health and jail experts said were among the worst places to find one’s self in during the pandemic. They called them “breeding grounds” for Covid-19, where detainees were at risk of being exposed to the disease that the government has been trying to protect them from.
In Navotas, about 1,000 people were cramped in the school where Macahig was detained. Fifty violators shared one classroom, he said. At night, they slept on cartons on cold floors. There were no provisions for food, soap, alcohol and potable water, he said.
“I was more afraid of contracting the virus there because we didn’t comply with health protocols in the school at all. Detainees only wore face masks and followed social distancing rules when a high police official arrived for inspection,” Macahig said.
They were later transferred to an open space – a covered court behind the school building – after the school was converted into a quarantine site for suspected Covid-19 cases.
His friends and family – all of whom were financially knocked out by business closures themselves – eventually raised funds for his bail. “They did it out of pity. Some donated P20; others P100,” he said.
Macahig was released on April 23 after he paid the fine. He pled guilty before a municipal trial court.
Relatives of quarantine violators wait outside the Navotas Metropolitan Trial Court to get their kin out of detention. There was a narrow window for the processing of release documents, 8 a.m. to noon, as working periods were shortened because of the pandemic. Photograph: Vincent Go
‘My family thought I was dead’
Other than imposing curfews, local governments also issued travel passes to limit the number of people allowed to go out even during day time. Those who didn’t have passes were arrested, too.
But Caloocan fish vendor Joseph Jimeda, known to many social media users as “Mang Dodong,” said he was arrested despite having a travel pass.
He was travelling to neighboring Navotas with friends to buy fish that they could sell in the market when the police took them on suspicion they didn’t have travel passes. Jimeda said he begged the cops for compassion because he had a four-year old at home and his wife had a cataract and could barely see.
“We kept explaining that we have them (about the travel passes), but the cops never listened to us. They just wanted to arrest people,” Jimeda said in an interview.
At the detention center, Jimeda received smacks and punches from authorities, instead of food and help. He could not inform his family of his whereabouts because he did not have a mobile phone at that time. The police did not help him. “All the while my family thought I was dead,” he said.
Jimeda was detained in the same covered court in Navotas several weeks after Macahig was released. Again, there was not enough food for the growing number of detainees. Those who didn’t receive visitors often suffered from hunger, he said.
“‘Yung iba akala mo patay-gutom (You’d think the others were destitutes),” Macahig said. “Some of them will join you in your meals uninvited. It’s embarrassing to shoo them away.”
Jimeda was released onMay 19 after 12 days in detention.
Photo shows Mang Dodong in detention at the enclosed Navotas Sports Complex on May 14, 2020. The sports complex served as a detention center for quarantine violators. Photograph: Vincent Go
No money to pay fines
Those who couldn’t pay the fines had to stay longer in detention.
Randy delos Santos, a coordinator of the church group Paghilom led by Fr. Flavie Villanueva, said several people from the slums have sought financial assistance from their office in Manila since April of last year.
They had similar complaints: Being fined and arrested for violating quarantine rules.
The penalties ranged from P250 to P50,000, depending on the type of violation alleged and the city where it was committed.
Delos Santos said the calls for help usually came from people in Navotas, Manila and Caloocan.
Delos Santos said there should be a shift in policies because fines imposed by ordinances that were passed to address the health crisis were bleeding the poor dry and sending them into deeper debt.
“It’s an additional burden to the poor,” delos Santos said. “Local governments should channel their energies toward educating the people and teaching the community how to follow proper health protocols,” delos Santos said.
While the poor suffered fines and long days in detention centers for finding ways to fend off their hunger, the past year has shown that the rich and powerful can hold parties and receive token wrist slaps for their violations.
In January, events organizer and host Tim Yap organized a party in Baguio City, attended by guests who didn’t wear masks, among them contact-tracing czar and Baguio mayor Benjamin Magalong. Another celebrity, Raymond Gutierrez, threw a birthday party at trendy Bonifacio Global City Taguig the same month.
In the early days of the pandemic, Makati Medical Center castigated Sen. Aquilino “Koko” Pimentel III for breaching quarantine protocols when he brought his pregnant wife to the hospital while he was waiting for the results of his test for Covid-19.
Philippine National Police chief Debold Sinas was caught holding a birthday party inside Camp Aguinaldo, while the president’s spokesperson, Harry Roque, visited a marine park in Subic. There were no repercussions for the two despite the ban on mass gatherings and unessential travel.
A different approach is needed
Carlos Conde, researcher for Human Rights Watch in Asia, said local governments must rethink “anti-poor policies” such as sending people to jail for breaking health protocols and fining violators who are obviously penniless.
“No one should spend a night in jail for violating quarantine rules. That’s inhumane,” Conde told PCIJ.
Conde said that instead of arrests and fines, the local government should channel their efforts into a massive information drive for the public to better understand the dangers of the virus that has so far killed two million people worldwide.
Political science professor Maria Ela Atienza said the government should train its sights on harnessing “bayanihan” or community spirit among Filipinos instead of imposing a culture of crime and punishment to address the pandemic. The public needed to be encouraged to take care of themselves in order to take care of one another, she said.
Atienza said the government’s message was “people should just follow rules” instead of “the government is doing its best to make sure we have enough resources for public health and we are tying our best to support those who were economically dislocated as a result of the lockdown and we need the help of everyone to help each other.”
“The language is not focused on the cooperation of people, it’s more about getting them to follow. Otherwise, you’ll be meted with punishment. It’s (the government narrative) not for a country that’s supposed to be democratic,” she said.
To encourage better public participation, Atienza said efforts must be exerted to ensure that the law applied equally to the rich and the poor.
“The pandemic and the response of the government… exposed the inequality not only in Philipine politics but in Philippine society where you have senators and other officials, even police personnel, who violate the lockdown restrictions but at the same time they are not penalized,” she said
“But you have fish, vegetable vendors and jeepney drivers trying to find alternative sources of income penalized heavily. So you also see inequality in terms of enforcement of lockdown rules and accountability on the part of government officials,” she added.
Mang Dodong finally on his way home, late in the afternoon of May 19, 2020. Photograph: Vincent Go
One year after the Philippines went into lockdown, data from the World Health Organization showed the country as having the worst coronavirus performance in the Western Pacific Region, with a total of 611,618 infections and 12,694 deaths as of March 14.
Infections are rising again, hovering between over 2,000 to nearly 4,000 new cases a day in recent days after months of recording less than 2,000 daily new infections on average. Metro Manila mayors have again imposed uniform curfew hours, from 10 p.m. to 5 a.m., beginning March 15.
The punitive response cannot continue, said Macahig. “The government should find better solutions. It needs to stop imposing fines that only makes the poor poorer. We’re in the middle of a pandemic yet they keep milking us for money.” #
https://kodao.org/wp-content/uploads/2021/03/x1-5-scaled.jpg17072560Kodao Productionshttps://kodao.org/wp-content/uploads/2014/11/kodao.pngKodao Productions2021-03-25 08:34:532021-03-25 08:34:55‘They treated me like I murdered someone’: Lockdown arrests mark 1st year of PH pandemic response
Reporting fellows of the Philippine Center for Investigative Journalism (PCIJ) collected water samples from the waste pipes of plants along the Marilao River. Laboratory tests show they failed to meet DENR standards.
BY ANNIE RUTH SABANGAN, ROBERT JA BASILIO JR., BERNARD TESTA AND RIC PUOD
The PCIJ collected water samples from the poultry processing plants in Marilao and laboratory tests showed they failed to meet the standards of the Department of Environment and Natural Resources.
To help police pollution, a lawyer-environmentalist suggests that non-government organizations help the government evaluate the SMRs of business establishments.
It was low tide when the PCIJ team made a second trip to Sapang Alat or Salty Creek on Oct. 2, 2019, a week after the first. Renting another outrigger was out of the question as it couldn’t sail through the shallow waters. The team rented a rickety canoe instead, and asked the help of a boatman to paddle towards Vitarich Corporation’s outfall pipes.
PCIJ set out to take more samples of wastewater that the company released to the creek, a tributary of the Marilao River, to bring them to a laboratory accredited by the Department of Environment and Natural Resources (DENR).
In the succeeding weeks the team also trekked to Brgy. Loma de Gato, home to the biggest number of poultry dressing plants, to do the same.
Results of the laboratory tests confirmed what residents already knew. The plants had been releasing wastewater that did not meet DENR’s standards.
Water sample: PCIJ follows instructions from experts
The samples were brought to the laboratory of the Sugar Regulatory Administration (SRA) in Quezon City.
The PCIJ team made sure to follow instructions from SRA chemists on how to take samples, how much should be taken, where to put the specimens, and by what time the samples must reach the laboratory for testing.
To ensure that the samples were representative of the conditions of the area, PCIJ also followed the guidelines set by the EMB in its 2008 Water Quality Monitoring Manual, which said samples should not be collected when (1) it’s raining; (2) it’s within 24 hours after a heavy downpour; and (3) the water level is high.
Wastewater from poultry processing contains high biochemical oxygen demand or BOD and four other oxygen-depleting and fish-killing pollutants: total suspended solids (TSS), ammonia, nitrate and phosphate.
Based on DENR standards, the BOD of wastewater produced by slaughtering and meat packing businesses like chicken dressing plants should not exceed 50 milligrams per liter (mg/l).
A high BOD indicates that the wastewater is untreated or undertreated, and thus polluted. A low BOD suggests that the contaminants had been removed from the wastewater and would have less environmental impact when released to a water body.
TSS are solid materials such as silt, sewage, and decaying animal matter. In poultry processing plants, these may include the buildup of feathers, fat and lard, offal, viscera, blood, and fecal matter in the wastewater.
The release of liquid waste with too much TSS will block the sunlight from reaching the vegetation in a water body, causing the plants to die and stop producing dissolved oxygen needed by fish to survive.
Ammonia in the form of ammoniacal nitrogen (NH3-N), a colorless chemical gas compound highly soluble in water, can be found in the liquid manure of chickens and other livestock. This type of ammonia can “cross from water to fish” and is said to be the “the most toxic form to aquatic life.”
Chemical compounds nitrate and phosphate, commonly used as fertilizers, can be present in fecal matter expelled by poultry before the birds undergo scalding.
Wastewater containing too much nitrate and phosphate can hasten the process called eutrophication, or the increase of nutrients that induces the overgrowth of algae. This can cause the water body to turn green and reduce its oxygen content to levels that can also lead to fish kills.
Other than these five parameters, the Environmental Management Bureau (EMB) of the Department of Environment and Natural Resources (DENR) measures three others – oil and grease, acidity or pH, and temperature – to test the quality of wastewater discharges of these establishments.
The chicken dressing industry in Marilao River –– a Class C freshwater resource meant for fish propagation, agricultural use, fishing, and boating –– is required to follow all eight parameters, based on DENR Administrative Order (DAO) 2016-08 or the Water Quality Guidelines and General Effluent Standards of 2016.
The regulations are strict on paper but they are not always implemented, based on PCIJ’s experiment.
Vitarich Corp. fails tests
The laboratory results were out five days after PCIJ submitted the water samples from Sapang Alat.
The lab results of Vitarich Corp. showed mixed results. The level of pollution in the water sample collected from the mouth of the dressing plant’s former outfall was lower than the effluent limits set by the EMB in terms of BOD, TSS, nitrate, and color.
The water samples were collected nine months since the EMB cemented off a canal where the dressing plant’s effluents used to flow.
However, samples from the effluent outfall from the rendering plant that Vitarich operates jointly with PSP Aqua yielded BOD and TSS levels that were 346 percent and 15 percent higher than the EMB-set effluent limits, respectively.
These results were based on water samples that the PCIJ team collected on Oct. 2, 2019.
The PCIJ learned from the Legal Section of the EMB’s Clearance and Permitting Division that as of Oct. 28, 2019, the violation notice and cease-and-desist order against the rendering plant had been temporarily lifted so that the facility could release its wastewater for sampling purposes.
PCIJ also obtained samples from the part of the creek between Marilao’s Municipal Health Office and the Vitarich dressing plant to determine the ambient water quality of Sapang Alat. They were tested for five parameters, namely BOD, DO, TSS, nitrate, and color.
The area was within the mouth of the creek that emptied into the Marilao River. Upstream, along Brgy. Patubig, the creek meandered through a host of other industrial and commercial establishments, which could also be possible sources of pollution.
Water quality failed in all parameters, indicating that because of very high pollution levels, it could no longer receive wastewater and still be able to breathe and cleanse itself.
A chemist at the Sugar Regulatory Administration laboratory on North Avenue in Quezon City checks on Oct. 2, 2019 the bottles containing water samples from a tributary creek of the Marilao River in Bulacan and effluent samples from the outfalls of Vitarich’s chicken dressing and rendering plants. Photograph: Annie Ruth Sabangan/PCIJ
Even if industrial establishments like Vitarich discharged wastewater into Sapang Alat within the effluent limits, the creek would no longer be able to take it in because it has already stagnated, said EMB Region 3’s Glenn Aguilar, who monitors the Marilao River.
Sapang Alat’s BOD was over 3,600 times higher than its 7 mg/l capacity, causing the creek’s DO concentration to fall to the “hypoxic” or oxygen-deprived level of 1.13 mg/l.
Based on an undated report on hypoxia by the US Environmental Protection Agency (EPA), conducted in the Gulf of Mexico and Long Island Sound, bottom fishes start to leave water bodies when oxygen levels reach about 3 mg/l. Fish and crustaceans that cannot leave the area may die when it goes below 2 mg/l, and then begin to die in large numbers when it goes below 1 mg/l.
In the Philippines, there is yet no comprehensive study about hypoxia, or the depletion or reduction of oxygen in water bodies, particularly on how aquatic species react under low-oxygen conditions.
Follow the stench: PCIJ checks other plants in Loma de Gato
EMB’s Aguilar said other chicken dressing plants in Marilao were inaccessible to inspectors. Sometimes, the pathway is dangerous.
To verify this claim, the PCIJ team trekked to Loma de Gato, Marilao’s most populated barangay and home to the biggest number of poultry dressing plants accredited by the Department of Agriculture’s National Meat Inspection Service (NMIS).
While data from the NMIS showed that there were four dressing facilities in Loma de Gato, mostly tucked away in an area called Pook Looban 1, the information was hard to validate via on-site investigation even though the stench was all over the place.
Most of what appeared to be industrial or commercial premises in Looban 1 didn’t have outdoor signages. Some establishments were enclosed by walls higher than roofs and trees, while others were smack in the middle of sprawling lots buffered from roadways.
The PCIJ also failed to pinpoint dressing plants within Looban 1 via Google’s web and mobile apps.
Asked by PCIJ during an interview in October 2019 if not having business signages was legal, Marilao BPLO chief Martin Armando C. Cruz said, “Hindi naman din (It isn’t).”
There should be an ordinance from the municipal council prohibiting the lack of signages, he said.
Cruz also claimed that some establishments had opted not to install outdoor signages to avoid unwanted solicitations for money.
Much harder to locate were the dressing plants’ wastewater outfalls. Several times, the PCIJ team waded through the boggy and mosquito-infested edges of Marilao River’s tributaries to look for point-source pipes and drains.
POLLUTION HUNT: The PCIJ team had to wade through turbid and mosquito-infested creeks to look for direct wastewater sources in Brgy. Loma de Gato, Marilao, Bulacan. Photograph: Bernard Testa/PCIJ
In one field visit, the group walked by the roadside and saw a stream where the water was cascading, indicating that direct pollution sources could be farther upstream.
But it was impossible to walk on the narrow banks of the stream sandwiched between an expansive walled property and a row of houses.
Taking instructions from a resident, the PCIJ team tried to find another path toward the water body through an inner road that led to a cemetery.
At the back of the graveyard, the team saw the stretch of the stream beside a nameless, walled establishment that appeared to be the extension of a property earlier seen by the team from the roadside.
From the side of the establishment, the PCIJ team saw at least three outfalls protruding from the streambank that appeared to be connected to the walled property, which residents claimed was a poultry processing plant.
Staggering on mossy rocks that stuck out of the streambed, the group inspected the muddy water body that was filled with strands of what looked like chicken feathers.
The team also saw water ̶ brown, orange, to reddish in color ̶ gushing out of the three outfalls and into the stream.
Too much phosphate
Early morning on Oct. 25, 2019, the team returned to the area to get wastewater samples from two of the outfalls. The PCIJ had these tested again by the SRA lab for BOD, TSS, nitrate, phosphate, and color.
NO, NOT CHOCO DRINK, ORANGE JUICE, OR VINEGAR. The bottles containing wastewater samples from Pook Looban 1, Brgy. Loma de Gato in Marilao, Bulacan that the PCIJ brought to the laboratory of the Sugar Regulatory Administration in Quezon City on Oct. 25, 2019. Photograph: Annie Ruth Sabangan/PCIJ
Lab results showed that effluents from both outfalls failed in three of the five parameters’ effluent limits, namely BOD, TSS, and phosphate.
Results indicated that the wastewater did not undergo treatment and had a very high degree of pollution, as BOD concentrations from the first and second outfalls were 5,584 percent and 4,850 percent higher than the government-set 50 mg/l-effluent limit, respectively.
Also, phosphate concentrations in the effluents were markedly high. The phosphate content of the wastewater in the first outfall was over 8,000 times higher than the 1 mg/l limit set by the EMB, while in the second, the phosphate level was nearly 7,000 times greater than the cap.
Phosphate is used as a poultry product enhancer. The injection of water with phosphate salts into chicken meat is among the steps in poultry processing. This is done to help the protein in the meat bind more water and retain moisture and flavor.
Researchers had found that the phosphorous-protein content of enhanced meat and poultry products was 28 percent higher than in the same types of product that didn’t use phosphate additives.
This was according to a 2009 study titled “Phosphorous and Potassium Content of Enhanced Meat and Poultry Products: Implications for Patients Who Receive Dialysis,” by nephrologists Richard Sherman and Ojas Mehta of the New Jersey-based Robert Wood Johnson Medical School.
In water bodies, too much phosphate is known to hasten eutrophication or the buildup of nutrients, causing microscopic plant-like organisms called phytoplankton to reproduce rapidly.
This results in the overproduction of that slimy stuff called algae that can make water bodies appear green, brown, red or blue; and form foam, scum or oily films on their surfaces.
More algae mean higher consumption of dissolved oxygen in water, depriving aquatic life such as fish of the life-sustaining gas, leading to the latter’s death.
The PCIJ team also had the ambient water quality of another Marilao River tributary in Looban 1 tested by the SRA laboratory.
The group took samples after observing that the outflow of water into the creek, which was near high-walled establishments, was like a flood of frothy latte continuously pouring from a giant coffee machine.
FROTHY LIKE CAFFE LATTE. The oxygen-depleted creek in Pook Looban 1, Brgy. Loma de Gato, Marilao, Bulacan. Image taken on Oct. 25, 2019. Photograph: Bernard Testa/PCIJ
Like Sapang Alat, the river tributary in Brgy. Sta. Rosa 1 earlier tested by the SRA, this creek in Brgy. Loma de Gato also failed the water quality standards set by the EMB on BOD, DO, TSS, nitrate, phosphate, and color.
But the pollution in this creek was much worse. Its demand for oxygen ̶ 1,279 mg/l ̶ was over 18,000 times higher than the EMB standard of 7 mg/l. Inversely, its oxygen concentration was extremely low at 1.16 mg/l.
Also, the phosphate level in the creek was way too high at 48 mg/l, or 9,500 times more than the limit of 0.5 mg/l for Class C water bodies or those, according to the EMB, that should be fit for aquatic resource propagation, fishing, boating, agriculture, irrigation, and livestock watering.
Effective, lasting solutions needed
Because of years of abuses by private companies amid weak environmental governance and the failure of regulation, Marilao River is dead and blackened by pollution.
Narrowed and shallowed by volumes of harmful contaminants, the barren and pernicious river can no longer repair itself. During high tide and heavy rains, it often threw up the wastes it could no longer absorb, submerging communities in toxic, persistent floods.
More lasting and effective solutions are not in sight. Could it be time for a third-party entity to intervene and help fill the gap?
Lawyer and environmentalist Galahad Pe Benito thinks so, and says the non-profit sector should take the lead.
Benito, who used to practice in California and is now campaigning for the rehabilitation of the Manila Bay and the tributaries surrounding it, said environmental self-policing worked in other countries because people’s organizations were ready to “pounce on” pollutive business establishments.
The SMR system is ineffective because compliance is weak and there are no nongovernment organizations (NGO) to countercheck the SMRs, he said.
“Walang mga NGOs dito to do the counterchecking and everything…Dito mahina ang compliance natin, so medyo may problema onhow to implement that,” said Benito, who specializes in hazardous and toxic waste regulation, marine pollution, and pollution control.
The responsibility of monitoring pollution point sources and evaluating SMRs can be assigned by the government to NGOs or to “respectable and independent auditors,” Benito said.
NGOs’ access to SMRs should not be a problem because under the law, these reports are considered public documents.
The procedural manual of DAO No. 2007-23 states that, “Upon completion of EMB’s evaluation, the SMRs are considered as public documents.”
“As such, access [to] these documents by written request of the general public shall be allowed in accordance with applicable rules and regulations.”
The manual further noted that, “The SMR was designed in such a way that there is no need for confidential business information to be included in the submission.” — PCIJ, February 2021
This series was produced with the support of Greenpeace Southeast Asia-Philippines.— PCIJ
The Clean Water Act of 2004 orders plants to pay discharge fees based on the volume of wastewater and pollutants that they release into water bodies. A self-monitoring mechanism in place allows polluters to report unreliable laboratory results, however.
BY ANNIE RUTH SABANGAN, ROBERT JA BASILIO JR., BERNARD TESTA AND RIC PUOD/Philippine Center for Investigative Journalism
Many pollutive business establishments, including chicken dressing plants releasing their wastewater into the Meycauayan-Marilao-Obando River System (MMORS), pay the government paltry wastewater discharge fees ranging from P5 to P500.
From February 2016 to August 2018, the DENR collected only P1.4 million worth of wastewater discharge fees from these establishments for the rehabilitation of the MMORS, a drop in the ocean compared with the P11.5-billion fund needed to help revive the long-dead river system.
Regulators have identified 49 mostly toxic substances dumped by polluters into the river system. But environment officers admit they’re unable to detect the presence of these pollutants in water bodies, let alone make erring establishments pay fines.
The Environmental Management Bureau in Region 3 lacks the manpower to check the accuracy of the environmental self-monitoring reports (SMR) being submitted to it by business establishments in Central Luzon.
A review of the SMRs submitted by seven poultry and meat processing and livestock establishments operating in Marilao, Bulacan showed that these had many glaring errors and inconsistencies — a proof of the bureau’s failure to vet the SMRs.
In 2019, the Department of Environment and Natural Resources (DENR) issued violation notices to all but one of Marilao’s 11 chicken processing plants. They were punished not for polluting the Marilao River, however, but for technical violations related to their permits or failure to submit various reports.
Four plants in barangays Santa Rosa I, Santa Rosa II, and Patubig –– including two operating inside the compound of Vitarich Corporation –– had no wastewater discharge permits.
The other plants in Brgy. Loma De Gato either didn’t have Environmental Compliance Certificates (ECC), violated their ECCs, expanded operations without permits, were late in renewing permits, or failed to submit wastewater lab results.
This was how the regional environment office was able to get around its lack of capability to catch and punish which plants were responsible for polluting the Marilao River, part of a river system in Bulacan province that dumps wastes into the Manila Bay.
“Ang ginagawa ho namin is bina-violate namin sila sa mga permit nila. Tapos…pagka hindi pa rin po sila nakakapasa…sa mga permit nila na ‘yon, tuloy-tuloy po ‘yong violation…nila (What we do is charge them with violations through their permits. If they fail to secure permits, their violations continue),” said Glenn Aguilar, a staff member of the DENR’s Environmental Management Bureau (EMB) in Region 3.
Infographic: Annie Ruth Sabangan and Angelica Carballo Pago/PCIJ
Environmental regulators said it had been a challenge to get water samples. “’Yung possible na ma-sampling-an, doon lang kami nagsa-sampling (We only conduct sampling in establishments where it’s possible to get wastewater samples),”Aguilar said.
The chicken dressing plant of Vitarich Corp. was one of the few that EMB was able to inspect, and it was because its waste outfall was accessible, said Aguilar. “Sila (Vitarich) ang visible, talagang sila lang ang na-implicate (They’re the ones visible, thus they’re the only ones that got implicated),” he said.
Aguilar also accused the plants of making it hard for pollution inspectors to do their jobs. He said they would secretly turn off wastewater discharge when the inspectors arrived to inspect, preventing them from getting effluent samples in real time. It was also difficult for them to locate sewer pipes and waste outfalls especially inside residential compounds.
“Minsan hindi talaga umaamoy. Hindi sila nag-o-operate pagka napapadaan kami (They don’t smell [when inspectors go to check] because they make sure to shut down their operations when they know we are dropping by),” Aguilar said.
Lara Ibañez, Philippine country director of international non-profit environmental watchdog Pure Earth, said it’s not enough to punish polluters over permits and other technicalities.
She called for the strict enforcement of the 2004 Clean Water Act, passed by Congress to make sure that a thorough accounting of industrial wastewater pollutants and their toll on the environment is conducted regularly.
She said it’s important to be able to assess direct contributions of pollutive establishments and make them pay for the environmental and economic impacts of their discharges.
“We don’t see how much it (polluting water bodies) is really costing us,” Ibañez said in an interview in August 2019. She said the government should realize that implementing the Clean Water Act makes for sound economic policy because it will prevent environmental issues that have actually been costing the local government more.
Pure Earth is the new name of Blacksmith Institute, the watchdog that has put a spotlight on the pollution of the Meycauayan-Marilao-Obando River System (MMORS). In 2007, the watchdog named Marilao in its list of 30 “dirtiest” places on earth.
Poultry farms such as this one in Barangay Loma de Gato in Marilao, Bulacan are required to treat their wastewater to curb water pollution in rivers. But several have been known to ignore regulations. Image taken on Sept. 14, 2019. Photograph: Bernard Testa/PCIJ
P5 to P500 wastewater discharge fees
The Clean Water Act imposes wastewater discharge fees, a fund intended to pay for the costs of government efforts to manage and clean up water bodies that absorb wastewater from industrial and commercial establishments.
However, Ibañez said the fee turned out to be “self-defeating” and the amounts that establishments had been paying did not reflect the true cost of the pollution that they had caused.
From February 2016 to August 2018, EMB Region 3 only collected P1.4 million of wastewater discharge fees from 388 establishments along the entire MMORS, based on documents that EMB Region 3’s senior environmental management specialist Ramjay Dizon showed to PCIJ.
It’s not commensurate with the P11.5 billion needed to rehabilitate the MMORS, based on experts’ estimates.
PCIJ’s analysis of the payments showed that almost half of them –– 167 establishments –– only paid between P5 and P500 in wastewater discharge fees. Only one establishment paid more than P50,000.
Infographic: Annie Ruth Sabangan and Angelica Carballo-Pago
The wastewater discharge fees are computed based on the volume and the pollution levels of wastewater that plants release. Each establishment is made to pay P5 for every kilo of pollutants multiplied by its annual net biological oxygen demand (BOD) and total suspended fluids (TSS) waste loads in kilos, or the difference between waste load in the untreated water and the final effluent.
Ibañez said the formula is problematic. It only takes into account two out of 49 water quality parameters set by the EMB –– which include ammonia, boron, and chloride, arsenic, lead, and fecal coliform among others.
The wastewater discharge fee was intended to be a disincentive that would encourage the plants to modify their production practices and invest in pollution control technologies. The paltry fees accomplished the opposite, said Ibañez.
“Isipin mo, it’s even more profitable to just pay. I can just pollute and pay kasi mas affordable ‘yon, kaysa maglagay ako ng pollution control (Come to think of it, it’s even more profitable to just pay. I can just pollute and pay because that’s more affordable than putting up pollution control facilities),” she said.
In Marilao, four chicken dressing plants paid wastewater discharge fees during the time period.
Central Luzon Poultry Growers Marketing Cooperative in Brgy. Loma de Gato paid P7,540 in November 2016, P10,675 in March 2017, and P9,486 in March 2018.
Kaizen Food Enterprises, which operates under or with the Marilao Bulacan Processing Plant in Brgy. Patubig, paid P3,220 in July 2016. RG Dressed Chicken Processing Plant in Brgy. Loma de Gato shelled out P3,577 in the same month.
Vitarich Corp. and Alt Trading in Brgy. Sta Rosa I paid P39,715 in March 2017.
Self-monitoring reports
The problem is more than the formula, however. Computations for wastewater discharge fees are based on the plants’ declarations in Self-Monitoring Reports (SMRs) that they are required to submit quarterly under the law.
These SMRs have proven to be unreliable at best and manipulated at worst, according to regulators.
Wilma Uyaco, chief of the Clearance Permitting Division of the EMB’s National Capital Region (NCR) office, said the SMRs were intended to ease the burden of environmental regulators. “’Yung SMR, ‘yan ‘yung self-regulation na tinatawag. Kung ’yan ay magagampanan ng tama ng industries, e ’yun sana ang pinakamaganda kasi ang gobyerno hindi mahihirapan (That SMR is what is called self-regulation. It would be best if industries carried it out correctly so the government would no longer be burdened),” she said in an interview in October 2019.
However, enforcement has been far from effective, Uyaco said. “E kaso ‘yong self-regulation, hindi pa ready. Kino-comply pero tingin namin hindi 100% totoo (But they’re not ready yet in terms of self-regulation. It is being complied with but compliance is not 100% truthful).”
The EMB’s NCR office co-chairs the governing board of the MMORS Water Quality Management Area with EMB Region 3.
Enforced since 2004, the SMR system has two objectives under DENR Administrative Order (DAO) No. 2003-27: (1) allow establishments to demonstrate compliance with environmental laws; and (2) allow the EMB to confirm or validate that these firms comply with these laws.
Submitted every quarter, the SMRs are filled up by pollution control officers accredited by the DENR to report production capacities, actual outputs, number of operating hours in a day, number of workdays in a week, and quarterly water and electricity consumption.
It also reports the volume, types, and names of industry-specific wastes generated, emitted, or discharged, and how establishments dealt with the environmental impacts of their byproducts.
For poultry processing plants, this means disclosing the total number of chickens dressed, volume of water consumed per day and per quarter, chemical wastes generated from processing chicken, and how these wastes were stored, transported, treated or recycled, and disposed of.
The report also includes the cost of treating wastewater, investments made in the water treatment plant, the location of the facility’s wastewater discharge, and the water body where the wastewater was discharged.
Establishments must have their wastewater tested quarterly by a DENR-accredited third-party laboratory and report in their SMRs the concentrations of BOD, TSS, phosphate, acidity or pH, oil and grease, and nitrate, among others.
Sample copy of the first two pages of the 16-page SMR. Source: Department of Environment and Natural Resources
Sample copy of the portion of the 16-page SMR that asks establishments to provide data about the sources and treatment of their wastewater. Source: Department of Environment and Natural Resources
Wrong math, old lab tests, expired discharge permits
Uyaco said plants have cited unreliable lab tests in their SMRs, however, showing low oxygen demand in effluents to show that the treatment facilities of the establishments were effective in cleansing their wastewater.
“[S]ino ba naman ang maniniwala, septic tank lamang ang treatment facility nila pero ang result ng analysis na sina-submit sa SMR super mababa ’yung BOD?…Hindi ganoon katotoo ang result (Who would believe the results of the lab analysis in the SMR showing a very low BOD in wastewater, when an establishment’s treatment facility is just a septic tank? The results are not reliable),” she said.
About 50% of the submissions were inaccurate, said Mario Bangloy of the EMB-NCR’s Water and Air Quality Management Section in an interview with PCIJ in October 2019.
“(K)ung ‘yung sinasabi mo na hindi tama itong nire-report…medyo malayo sa (katotohanan), siguro kalahati (If you’re asking about incorrect reports… those that are a bit far from the truth, maybe it’s half),” said Bangloy.
The PCIJ requested Uyaco to review 2018 SMRs of seven poultry and meat processing and livestock establishments operating in Marilao. She found at least three glaring errors –– wrong math, old lab tests, and expired discharge permits.
She found discrepancies between per quarter declarations of total water consumption and the breakdown of water usage in six SMRs. Uyaco cited at least one chicken dressing facility declaring to have consumed a total of 25,000 cubic meters (m3) of water during the third quarter of 2018, but the sum of its reported daily consumption of domestic water, cooling water, and process water showed it consumed more. Its total water usage for one quarter was 28,440 m3 or 3,440 m3 more than what it declared.
“Saan nanggaling ang ibang tubig nila (Where did the rest of the water come from)?” Uyaco asked.
While Uyaco didn’t want to second-guess the reasons behind the discrepancy, she said the mathematical errors resulted in lower fees for the plants. “(B)ababa ‘yong masisingil sa kanilang bayarin, ‘yung wastewater charges… kasi hindi nare-report ng tama (Collections from their wastewater charges would decrease because it’s not being reported correctly),” she said.
Establishments have submitted old laboratory tests results, too. Uyaco spotted one chicken dressing establishment that used lab test results dated March 2018 for its SMR submitted for the third quarter.
“Mali na itong date ng (lab) analysis n’ya…Dapat hahanapan ‘yan o dapat hindi ‘yan tinanggap. Bakit ‘yan ang report mo? (The date of the lab analysis is already wrong…They should have asked for a new lab test result or they should not have accepted the SMR. They should have asked the establishment why its report was like that),” said Uyaco, irked by her discovery.
Like Vitarich Corp., many establishments were found to be using expired wastewater discharge permits.
The establishments are required to write on the first page of their SMRs the wastewater discharge permit reference numbers, date the permit was issued, and the date it will expire. One poultry processing facility used a 2016 permit for its third-quarter filing in 2018.
Of the seven Marilao-based poultry and meat processing and livestock establishments that Uyaco reviewed, six had expired wastewater discharge permits. Three had permits that expired as early as 2015 and 2016.
Clearly, Uyaco said, these establishments must not only be compelled to correct their SMRs but also be made answerable for their violations.
A “substantive evaluation” of the SMRs as mandated under DAO 2003-27 should have been done before the issuance of notices of deficiency against the erring establishments, she said.
If they were given time to address their deficiencies but were unable to solve the problem, the establishments should have been slapped with notices of violation, said Uyaco.
Poultry processors tampering with wastewater samples?
There are allegations that plants have been tampering with their wastewater samples.
“Kung ang treatment facility mo ay ganito tapos magsa-submit ng result ng analysis na ganoon kalinis, na ganoon kababa ang BOD, so makakapag-isip ka na something is wrong, or something has happened di ba? Ganoon ‘yun (So if your treatment facility is like this and then you submit results of water analysis as clean as that, with a very low BOD, then you make one think that something is wrong, or something has happened, isn’t it? It’s like that),” said Uyaco.
She said several cases have been reported to her by pollution inspectors.
“(M)ay nagsasabi rin sa amin pag nag-i-inspect na ganito raw ang ginagawa ng third-party laboratory, dinadagdagan na ng chemicals ‘yung container…kaya pagdating doon mababa ang result (There were those who told us that upon inspection they would find out that this was what third-party laboratories do, they put chemicals into the container…that’s why when it reaches the lab, the result is low),” the EMB official said.
“Dinadaya talaga kasi intentional ‘yung ganoon. Kaya ’yun kung may mga info silang nakukuha, inilalagay ko ’yan sa reports (It’s being tampered with because those things are intentional. That’s why when they get pieces of information like that, I include them in the reports),” she added, referring to reports she writes in relation to the evaluation of SMRs.
A DENR-accredited third-party laboratory housed at Ateneo de Manila University in Quezon City also confirmed the allegations. “It can [be tampered with]. That’s true,” Armando Guidote, director of the Philippine Institute of Pure and Applied Chemistry (Pipac), told the PCIJ in 2019.
Guidote, professor at the Ateneo’s Department of Chemistry, was quick to add that while tampering was possible, it did not necessarily mean that it was the result of collusion between a business establishment and a third-party lab, especially when the latter did not know where and how the wastewater samples were taken.
“Our analysis is based on the samples that they (establishments) bring,” Guidote said.
At the EMB office in Region 3, Elisa Dimaliwat, chief of the bureau’s Environmental Monitoring and Enforcement Division at the time of her interview with PCIJ in 2019, said she would rather trust in the capability of establishments to do honest-to-goodness self-monitoring with the assistance of accredited third-party testing firms.
She said the laboratories that analyzed the effluent samples of establishments went thorough screening by the DENR. “Naka-accredit ‘yan… kasi ang third-party lab hindi n’ya p’wedeng lokohin ‘yong resulta n’ya, masisira s’ya, ‘di ba po? (They’re accredited…Third-party labs can’t tamper with the results or they would ruin themselves, won’t they?)” Dimaliwat told the PCIJ.
It would also be hard for companies to fabricate information in their SMRs as they would risk being shut down, she said.
Bangloy said not all inaccuracies were a result of deliberate moves to fake SMRs and cover up pollution.
SMRs require 200 pieces of information spread over six modules, he said. Incompetent pollution control officers or PCOs my be responsible for the errors.
“The [SMR] is so technical. Saan ka makakakita ng engineer [na PCO] sa isang gasolinahan? Mga cashier lang, mga ganoon… (The SMR is so technical. Where can you find an engineer working as a PCO in a gasoline station? Usually, cashiers and the like act as PCOs in these kinds of establishments),” he said.
DENR guidelines require establishments classified as big generators of pollution to hire licensed engineers or chemists with at least two years of relevant experience in environmental management. Small generators of pollution may hire graduates of technical courses related to the job, or they must have reached at least third-year college.
The PCOs may also be a professional in the fields of engineering or physical and natural sciences, with at least three years of relevant experience in environmental management, or a different field but with at least five years of experience.
Too many reports, too few people, too little time
The EMB is supposed to exercise oversight of the self-monitoring process, validating their declarations and checking that they have complied with environmental requirements.
SMRs found to be incomplete are supposed to be returned to the companies, which would have 30 days to revise and correct their reports.
But the bureau rarely returned incorrect SMRs. “Hindi madalas (Not often),” said Dizon of the EMB Region 3’s Environmental Monitoring and Enforcement Division, when the PCIJ asked him in late 2019.
“Hindi nare-review lahat ng SMRs…Additional burden sa amin. Sa dami ng firms baka di namin kayanin (Not all SMRs can be reviewed…It’s an additional burden to us. We may not be able to review everything because there are so many firms),” added Vicente dela Cruz, chief of the division’s Chemicals and Hazardous Waste Management Section, in a phone interview in early 2019.
In 2018, a total of 3,816 business establishments from seven provinces submitted SMRs to the EMB office in Central Luzon, based on data culled by the PCIJ from the bureau’s Management Information System Unit.
If each establishment submitted four 16-page SMRs in a year, that meant that in 2018, a total of 15,264 SMRs consisting of 244,224 pages needed to be reviewed.
The Environmental Monitoring and Enforcement Division only had 15 staffers, according to Dizon. Each staffer would have needed to evaluate 1,018 reports — nearly 16,300 pages — if they were to review all of the reports.
What makes the work harder, said Dizon, is the limited time allowed under DAO 2003-27 — only 30 days — to act on problematic SMRs. The division also has other responsibilities.
After the 30-day period, the incorrect reports can no longer be reviewed and the deficiencies cited in the documents can no longer become the basis for the issuance of violation notices.
The establishments can then go scot-free. — PCIJ, February 2021
This series was produced with the support of Greenpeace Southeast Asia-Philippines.— PCIJ
https://kodao.org/wp-content/uploads/2021/02/a-1.jpg12771964Kodao Productionshttps://kodao.org/wp-content/uploads/2014/11/kodao.pngKodao Productions2021-02-23 08:32:412021-02-23 08:32:45Marilao River polluters get away with small fines
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