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Contents: |
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1.0 |
Introduction | |
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1.1 |
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1.2 |
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1.3 |
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1.4 |
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1.5 |
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2.0 |
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2.1 |
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2.2 |
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2.3 |
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3.0 |
Institution and Institutional Arrangements in Managing Laguna de Bay |
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3.1 |
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3.2 |
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4.0 |
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4.1 |
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4.2 |
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4.3 |
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5.0 |
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5.1 |
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5.2 |
Proposed Laguna De Bay Regional Development Programs And Projects |
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The
Laguna de Bay watershed region as a natural resource is strategically
situated in the midst of the country’s center of urban and industrial
development. Aside from Metro Manila which lies just west of Laguna de
Bay, the region straddles the whole of Laguna and Rizal provinces, parts
of Batangas, Cavite and Quezon which compose the CALABARZON
area. This
configuration makes the region a critical resource in terms of its
importance as the main source of agricultural
food commodities and industrial raw materials. The lake itself as well as the other smaller lakes in the
basin are important sources of livelihood for the fishery sector and serve
multifarious purpose - in irrigation, transportation, energy generation
and other industrial uses.
The
geographic features and location of the basin within the primary growth
area of the country make it susceptible to destructive human interventions
which in the long-term may cause irreparable damage to its resources
including the loss of valuable agricultural and forest lands to urban and
industrial growth.
A strategic resource of the Region is the Laguna de Bay, the second largest body of freshwater in Southeast Asia. It has a surface area of approximately 90,000 heactares, an average depth of 2.8m, a total volume of 3.2 billion cubic meters measured at elevation 11.50 meters above the Laguna de Bay datum set at 10.0 meters below the Mean Lower Low Water (MLLW) and a shoreline of 220 kms. There are 21 tributaries that drain into the lake; 35% of freshwater that drains comes from Pagsanjan River while 15% comes from the Sta. Cruz River. The only outlet of the lake is the Napindan Channel which at its confluence with the Marikina River, forms the Pasig River. This river meanders along 24-km. long course westward through a major part of Metropolitan Manila, before finally discharging into Manila Bay.
Laguna
de Bay Region boundaries include six (6) provinces, 60 municipalities of
which 28 towns are lakeshore and 32 non-lakeshore towns.
The actual population of the Region including Metro-Manila was
approximately 8.3 Million in 1990 and is expected to rise to 12.0 Million
by year 2000. The lake is the
singly most important resource of the Region.
At present it is a source of industrial cooling water, irrigation
water, and hydroelectric power; a transport route for oil products and the
lakeshore dwellers; a source of snails for duck feed; a venue for
recreation and most notably a source of fish supply.
Also, the lake serves as a huge sink for waste coming from domestic
sources (household and service sectors); non-point sources (surface
run-off from urban areas, crop lans and forest lands); industries,
livestock and poultry production, fishery activities and Pasig River and
Manggahan Floodway inflow. The
latter is most alarming since its pollution and sediment load will
jeopardize the existing and potential uses of the water body.
In
the Laguna de Bay Region, groundwater is a common source of water supply,
but its reliability to sustain increasing demand has not been established.
Also, there is an increasing evidence of ground water
contamination (from leachate of dumpsites, septic tanks, oil depots, etc.)
thus, making the use of the lake as a domestic water supply source by the
year 2000 inevitable. However,
the water quality in the lake is becoming worse by eutrophication and
contamination of toxic and hazardous substances such as heavy metals and
agricultural pesticides. The
Laguna de Bay has been undergoing accelerated eutrophication due to
increasing nutrient wasteloads from domestic households, expanded
agricultural and livestock production, intensive fishpen operations and
from natural sources brought about by erosion.
The
prospect of using the lake as a potential source for domestic water supply
remains the core of all management strategies for the Laguna de Bay.
The idea was part of the government plan during the Marcos era and
this was reiterated by the Aquino Government in 1989 with the adoption of
the “dominant use” policy prioritizing the lake’s use as a fresh
water source and to upgrade the quality of water in the lake from Class C
( suitable for fisheries) to Class A (suitable for domestic supply).
The
original intent to upgrade the lake water quality from Class C to Class A
meant interfering with nature. The
closing of the Napindan Channel through the Napindan Hydraulic Control
Structure is seen by some sectors as working against nature because it is
perceived to affect fishery productivity.
On the other hand, keeping it open would allow the polluted waters
of Pasig River to come in during reverse flows.
Recently, the new LLDA Management has recommended a policy shift on the “dominant use” of the lake from domestic water use to fisheries. However, it was pointed out that a multiple use policy can still be possible without interfering with the natural conditions of the lake at Class C. Water supply use may still be possible by locating the intake pumps in areas where treatment may render the extraction of water economically viable.
The
Laguna de Bay is indeed a strategic resource for the economic and social
development of the Region and of the country. The sustainability of
the lake, however, depends upon the sustainability of its watershed
resources.
This scenario calls for the evolution of strategic policies, institutional reforms and measures to maintain a balance between downstream and upstream activities in the watershed. Most importantly, this would mean strict adherence to basic ecological principles and genuine participation of the government and the public towards a sustainable environmental and natural resources management program in the Region.
Rapid
expansion of the economic activities and population growth in the
catchment areas of the rivers draining into the Laguna de Bay as well as
in the coastal zones are the primary pressures being faced in the Region
today, as much as in the past. So far, the scale of interventions in
nature is increasing and the physical effects of these decisions spill
across regional and national frontiers. Today, the Region faces
risks of severe environmental stress that threaten the basis for social
progress and human existence.
For
the past twenty years or so, the Laguna Lake Development Authority has
found a deep public concern for the management of the lake, a concern that
has led to multi-sectoral conflicts of varying degrees. The
challengeis to ensure that these conflicts and values generated are more
adequately harmonized and reflected in the principles and operations of
political and economic structures in the Region.
These deepening interconnections are the central justification for the formulation of a sustainable management plan for the Laguna de Bay Region.
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1.2 THE IMPETUS FOR THE “MASTER PLAN”: (PLANNING OBJECTIVES) |
Following
the visit of His Excellency President Fidel V. Ramos to the University of
the Philippines at Los Baños and Pila, Laguna sometime in June 1993, the
need to address some of the policy gaps and issues associated with the
Laguna de Bay Region as well as CALABARZON and other matters pertaining to
the quality of the lake and Mt. Makiling Forest Reserve were identified.
Rather than adding another agency, the idea was to come out with an ad hoc
institution such as a Presidential Commission: (1) in order to
generate a Master Planc or a set of policies that the Office of the
President may adopt; (2) so that the LLDA as the lead agency in the
development and management of the Laguna de Bay Region would be
strengthened.
To
effectively address the problem, the President issued Executive Order No.
121 on August 24, 1993 which clothed the Mt. Makiling Reserve Area and
Laguna de Bay Commission with the authority to determine what development
activities may still be allowed in the Region and what should immediately
be stopped. The Commission’s mandate gave it three objectives:
1) to formulate an Action Plan for the immediate concerns of the
Region; 2) to formulate the master plans for sustainable
development for the Mt. Makiling Forest Reserve and Laguna de Bay Region
under the long-term; and 3) to implement a moratorium on new
development activities in the Region.
Being considered as a major activity of the Commission, the parameters for the formulation of the Master Plan for the Region have been set by the Office of the President and shall henceforth be observed as follows:
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1.2.1 |
As
its overall framework, the Master Plan should provide the vision
for the development of the Laguna de Bay Region consistent with
the national goals under the Philippines 2000, particularly with
the sustainable development thrusts of the Medium Term Development
Plan. |
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1.2.2 |
Towards
this vision, short and long term objectives should be set in the
Plan together with the strategies and mechanism to attain them. |
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1.2.3 |
Discussion on: (a) potentials of the region, including alternative uses for lake; (b) the attributes and characteristics of the Region; (c) assessment of the present state of the lake Region, including its implications on the other sectors and to national life; (d) issues affecting the Lake, including policy and structural concerns; and (e) status of the existing government’s initiatives to address these issues, to serve as basis for the Plan objectives and activities. |
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1.2.4 |
Central part of the Plan should be the discussions on the specific programs and measures to be implemented, including concrete government interventions to address the issues and concerns on Laguna de Bay (such as environment degradation, water pollution, management problems, etc.) |
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1.2.5 |
Inclusion of the appropriate organizational framework for effective Plan administration. This should clearly define the role and responsibilities of the concerned agencies in the implementation of the Plan. Part of this, should be the system for monitoring and reviewing the Plan implementation to ensure the attainment of the Plan objectives. |
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1.2.6 |
The Plan objectives and activities for Laguna de Bay Region should be complementary with those in Mt. Makiling Reserve Area to allow their integration into the blueprint for development of both areas as envisioned in Executive Order No. 121. |
Therefore, the ultimate objective of the Master Plan should be the development of strategies and programs for the protection, rehabilitation and enhancement of the environment and natural resources in the Laguna de Bay Region in order to ensure an efficient, equitable and sustainable development. More specifically, the Master Plan shall endeavor to attain the following:
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1.3.1 |
To develop and implement an environmental management program for the Laguna de Bay which would monitor and address water quality issues, define policy measures to address environmental pollution problems and identify infrastructures for environmental enhancement; |
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1.3.2 |
To identify strategies and programs for implementation towards the management of Laguna de Bay watershed focusing on the critical catchment areas where soil and water resources need to be protected and/or restored to ensure the adequate flow of clean and adequate freshwater into the Laguna de Bay; |
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1.3.3 |
To formulate and implement policy measures and development projects for the conservation, management and enhancement of the fishery resources towards a more equitable access and utilization without sacrificing the ecological integrity of the lake; |
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1.3.4 |
To develop and implement policy measures and strategies for an agricultural development program in order to ensure the long term sustainbility of primary production areas, minimize agricultural pollution and enhance productivity; |
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1.3.5 |
To identify mechanisms and institutional arrangements which could be operationalized to manage the utilization of lake basin resources, resolve conflicts and interests among agencies and among stakeholders, delineate powers and responsibilities, and ensure public participation in decision-making; |
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1.3.6 |
To design strategies and programs towards an effective and sustained implementation of an information, education, and communication program in order to ensure public awareness and understanding of government policies, plans, programs, and projects as well as the basic problems and issues in environmental managements; |
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1.3.7 |
To develop and implement a community development program which would focus on organizing the marginalized sector thereby facilitating the implementation of alternative livelihood projects, the advocacy towards their partnership in environmental management and their participation in decision-making processes in managing the Laguna de Bay resources; |
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1.3.8 |
To identify policy and technical concerns which could be the subject of a research and development agenda that would lead towards the formulation of alternative developmental strategies and/or the resolution of environmental and developmental problems and issues in the Lake region. |
To determine the influence of various factors on the environmental conditions in the study areas and their ultimate effect in the Laguna de Bay water quality, the Master Plan Project has focused on the investigation of four components described hereunder. This analysis served as a basis for coming up with the recommended development programs and projects which form the central focus of this Master Plan.
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1.4.1 |
LAND RESOURCE COMPONENT |
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This component deals with the investigation of the natural and physical attributes of the lake watershed and includes agriculture, industries, built up areas, forest areas, pedology/geology, land use, protected areas, reserve areas and natural parks. |
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1.4.2 |
WATER
RESOURCE COMPONENT |
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This component is of fundamental importance in the implementation of measures for the rehabilitation of the Laguna de Bay environment and for sustaining development activities. This includes the lake and its tributaries, air and water quality, chemical and biological attributes, fisheries, pollution, lake uses, benthos, hydrologic and hydraulic conditions. The conflicting and competing uses and the associated socio-economic and environmental problems are also investigated. |
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1.4.3 |
SOCIO - ECONOMIC STRUCTURES/ PLANNING AND DEVELOPMENT COMPONENT |
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This component deals with the investigation of the sociological and economic aspects in the study area. This includes demography, political and economic structures, regional economy and existing programs and projects. |
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1.4.4 |
INSTITUTIONS AND INSTITUTIONAL ARRANGEMENTS |
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This
component deals with an analysis of existing institutional
arrangements in managing the Laguna de Bay Region and its basin
resources. Legal and policy instruments, inter-agency
coordinations, organizational problems and structural constraints
are investigated to come up with appropriate institutional
changes. Of
major importance are the institutional issues and constraints
within LLDA - the agency mandated to manage the development of the
Laguna de Bay Region. The
project components and corresponding activities of the Master Plan
Project was prepared by an integrated team headed by the Project
Manager, the LLDA Technical Support Staff and the Project Staff
specifically hired for the purpose. The first activity undertaken by the project staff included the collection of data and information based on major studies conducted on Laguna de Bay Region since the 70s and a multi-sectoral consultations with stakeholders. The second phase was the analysis and synthesis of the recommendation of these studies by the LLDA technical support staff. The third phase involved the presentation of the LLDA divisional concerns, projects and activities. The last phase was the formulation of specific programs and strategies for the development of the Laguna de Bay and its watershed basin. |
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1.5.1 |
REPORT STRUCTURE |
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This is the Final Report of the Master Plan for the Laguna de Bay Region. To achieve the objectives set forth, the Master Plan has focused on the development and formulation of different programs and projects. Ten appendices are attached to this report. Nine (9) programs are proposed to address specific sectoral issues and concerns in the Region. These are as follows: |
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Appendix:
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A. |
Environmental Management Program |
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B. |
Watershed Management Program |
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C. |
Fisheries Development Program |
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D. |
Agricultural Development Program |
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E. |
Cottage Industries Development Program |
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F. |
Institutional Development Program |
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G. |
Community Development Program |
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H. |
Research Agenda |
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J. |
Contains a compilation of the proposed plans and programs of the different agencies concerned with the Laguna de Bay Region. |
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1.5.2 |
ORGANIZATION OF THE FINAL REPORT |
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The
remaining part of the Final Report is structured in the following
order. In Chapter 1 the overview of the Master Plan is
presented. This includes the rationale and impetus for which the
Master Plan was formulated. The policy statement expressed under
Executive Order No. 121 issued by the President on August 24, 1993 as
translated in the parameters set forth by the Executive Department was
presented. Following from the parameters identified, the ultimate
objective of the Master Plan is the development of strategies and program,
for the protection, rehabilitation and/or enhancement of the environment
and natural resources in the Laguna de Bay region in order to ensure an
efficient, equitable and sustainable development. Chapter
2 presents the general overview of the Laguna de Bay Basin. It
describes the general features of the lake and its watershed in terms of
its origin, geology, topography, climatology, location, hydrology and land
uses. The
socio-economic profile of the lake region is also presented focusing on
the demography and regional economy. This chapter highlighted the
central focus of the regional resource which is the lake itself and the
multifarious uses for which it is intended. A
special treatment of the existing institutions and institutional
arrangements in managing the Laguna de Bay is presented in Chapter
3. The evolution of Laguna Lake Development Authority as a special
regional agency was presented. The policy and legal framework
(Republic Act 4850 and its amendments) were clarified whereby the
mandates, jurisdiction, powers and functions of LLDA were defined.
The second part of this chapter deals with the institutional issues and
concerns facing LLDA as it manages the resources of the Laguna de Bay
region. Chapter
4 presents the regional development issues, problems and
constraints. These include environmental concerns such as water
quality issues, pollution and declining fisheries; constraints on land
resources focusing on land use and conversion, deforestation,
urbanization, land titling of shorelands and ground water contamination;
and ; socio-economic concerns such as conflicting uses of the lake, lake
fishery problems, livelihood and skills training. Chapter
5 is the presentation of the proposed regional development plans and
programs. A regional development framework, as a guide to the
development of sectoral program formulation is presented as the first part
of this chapter. The overall plan is presented based on sectoral
program areas namely: Environmental Management, Watershed
Management, Fisheries Development, Agricultural Development, Cottage
Industries Development, Institutional Development, Lake Environmental
Education and Communication Support, Community Development and Research
Agenda. The objectives, strategies and components for each program
are also presented. The details and profiles of the project
components for each program are annexed in the appendices of the Master
Plan. Chapter 6 contains a summary of the implementation schedule of the proposed programs and projects in the Master Plan. A summary of the estimated costs for the implementation of the proposed programs and projects is presented in Chapter 7. |
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2.1.1 |
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2.1.2 |
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2.1.3 |
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2.1.4 |
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2.1.5 |
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2.1.6 |
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2.1.7 |
2.1.1 |
ORIGIN OF LAGUNA DE BAY |
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Varied opinions have been advanced by early geologists regarding the origin of Laguna de Bay. The idea that the bay was formerly a volcanic crater or that it originated through subsidence of a volcano, remains unresolved. The most generally accepted theory, however, based on recent findings, is that the basin was once part of Manila Bay. The drill cores uncovered various layers of marine shells which are of the same species as those shells living in Manila Bay waters today. Remnants of almost identical species of marine shells were also found in the upper shores of the town of Bagumbayan (Luneta Park), and in the Marikina fault in Pasig-Marikina river junction (SOGREAH, 1974). |
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2.1.2 |
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The
Laguna de Bay watershed is underlain almost entirely by
Quarternary (Pliocene-Pleistocene) clastic, pyroclastic and
volcanic rocks, except for the extreme northern portion of the
region, which is occupied chiefly by Tertiary rocks and a few
erosional remnants of Cretaceous rocks. A group of volcanic
cones and small crater-lakes characterizes the southern Laguna de
Bay watershed. These volcanoes experienced intermittent
eruptions, both quiet and explosive types of varied intensities,
during the Pleistocene time. They ejected large volumes of
volcanic and pyroclastic materials, particularly tuff and
agglomerate that blanketed extensive areas of the older Tertiary
rocks (SOGREAH, 1974). |
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2.1.3 |
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The
surface feature of the area is characterized by mixed
topography. The area is 35% gentle, 45% rolling, 15% steep
and 5% very steep (Pacardo et.al., 1988). The northern part
of the watershed is characterized by a series of rolling hills
with high to moderate reliefs. Among these are the
Binangonan peninsula, Talim Island, Jala-Jala peninsula and the
Famy valley, which is flanked to the east by the Caliraya plateau
(SOGREAH, 1974). However, the southern portion of the
watershed can be described by the presence of a group of volcanic
cones with numerous smaller cinder cones and crater lakes.
Some of the prominent features of this part are Mt. Banahaw, the
highest in the whole region at elevation 2165 meters, Mt. San
Cristobal, Mt. Nagcarlan and Mt. Makiling. The major part of
the remote places or thinly inhabited areas is covered mostly with
forest which includes most of limestone hills. The lower
land areas and valleys are normally planted to seasonal rice,
vegetables, fruit trees, other short-season crops. |
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2.1.4 |
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The prevailing climatic conditions are the Type I for the Rizal province and Metro Manila, having two pronounced seasons (i.e. dry from November to April and wet from May to October) and Type IV for the Laguna and Cavite provinces (i.e. having an even distribution of rainfall throughout the year (NEDA, 1987). In the cool season (December to February), the lowest air temperatures and peak wind velocities occur, causing high water turbidity that even with the presence of large amounts of free nutrients, primary production and fish growth is at its lowest for the year. |
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2.1.5 |
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Today,
Laguna de Bay cover almost one half of the 190,000 ha. total area
of all existing lakes in this country. It is known as the
second largest inland body of water in Southeast Asia next to Lake
Toba in Indonesia (Santos-Borja, 1994). It has a total
surface area of about 90,000 has. and an average depth of 2.8 m.
Laguna de Bay stands unique in the sense that it is right in
the middle of its upper watershed. It lies just east and
generally south of Metropolitan Manila. The lake has a total
volume of 3.2 billion cubic meters with a shoreline of 220
km. There are 21 tributaries that drain into the lake;
35% of freshwater that drain comes from Pagsanjan River while 15%
comes from Sta. Cruz River. The only outlet of the lake is
the Napindan Channel which at its confluence with the Marikina
river, forms the Pasig river, which meanders along a 24 km. long
course westward through a major part of Metropolitan Manila,
before eventually discharging into Manila Bay (Francisco,
1985). Other lakes in the region also include the Seven
Crater Lakes in San Pablo City with a total surface area of 289.6
has. and Tadlak Lake in Los Baños with only 22.6 ha. area. Laguna de Bay Region occupies 1.3% of the total land area of the Philippines. It encompasses the whole provinces of Rizal and Laguna, the cities of San Pablo, Pasay, Caloocan, Quezon, Manila and Tagaytay, the towns of Tanauan, Sto. Tomas and Malvar in Batangas, the towns of Silang and Carmona in Cavite; Lucban in Quezon province and Marikina, Pasig, Taguig, Muntinlupa and Pateros in Metro Manila. To sum it up, Laguna de Bay Region boundaries include 6 provinces, 60 municipalities of which 28 towns are lakeshore covering 177 barangays and 32 non-lakeshore towns. Laguna de Bay is trilobate lake with three corporate bays: The West Bay, Central Bay and East Bay that converge towards the South carving out what resembles a large bird or dinosaur. The West and Central Bays are separated by Talim Island, the largest and most populated of the nine islands within the lake. It is bordered by the ruggedly high Sierra Madre mountain ranges on the Northeastern portion, the high Caliraya volcanic plateau in the East and the chains of mountains of Laguna and Batangas province to the South and Southeast, which includes Mt. Banahaw and Mt. Makiling. |
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2.1.6 |
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The
hydrology of the lake has a natural stage regime which in the dry
season results in a minimum lake elevation of about 10.5 m.
controlled by mean level in Manila Bay.
At the end of the dry season, the lake level may drop below
the level of high tide in Manila Bay, resulting in the intrusion
of seawater up the Pasig river.
With this diurnal reversal, the highly polluted waters of
the Pasig river system are carried in the lake.
The tidal influx is also the primary cause of elevated
salinity in the lake during this part of the year (Francisco,
1985). During the wet season, precipitation results in an annual mean high water elevation of 12.5m. and a peak elevation which may reach as high as 14.6m for a 100 year recurrence interval. During extremely wet years, widespread flood damage occurs along the lakeshores because the land is relatively flat for several kilometers inland in most areas. Also during this period, the Marikina river floods the Pasig river and overflows into the Laguna de Bay via the Napindan Channel because the Marikina river can generate floodflows of about 200 m3s to 4000 m3s, and because the Pasig river bank full channel capacity varies from as little as 50 m3 to only about 750 m3s. Depending upon the tide and local inflow, the Marikina river causes flooding in and around Metropolitan Manila. |
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2.1.7 |
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The
total basin area of the lake is about 382,000 has. and this is
commonly referred to as the Laguna de Bay Region. The land
being used for agriculture is approximately 198,640 has. which
comprises 52% of the total land resources. At present, the forest
area includes only 73,000 has. Extensive deforestation has
been reported (BCEOM, 1984) where 54,000 has. between 1966
and 1977 had been transformed into unproductive grassland, with
serious erosion hazard, involving sediment transport siltation
problems thus, the remaining forest cover is only 19,000 hectares. Moreover,
around 83,620 has. is now being used for industries; 26,740 has.
as built-up area, and 14,000 has. as lakeshore area. The
drainage basin includes about 3,600 square meters kms. of land
composed of: urbanizing suburbs, spilling over from the
Metropolitan Manila area: flatlands bordering the lake which are
intensively farmed, predominantly for rice and sugarcane
production; mountainous areas where bananas and coconuts are
grown, and where timber is harvested and a large patch of hilly
scrub and grassland in the lake’s denuded northern side
(Francisco, 1985). The
lake region is also endowed with rich natural resources within its
inland basin. The Mt. Makiling Forest Reserve (MFR)
approximately situated 6 kilometers from South Bay and 20- kms.
from Talim Island is the nearest resource of its kind to the seat
of government. It is a 4,244-hectare resource designated
primarily as a training laboratory under Republic Act 6967 for the
advancement of scientific knowledge on natural resources. It
serves as a wildlife sanctuary and a pool for genetic
diversity. As an educational resource, the MFR has been the
setting of floristic studies in the country by internationally
famous botanists. It is also the home of various academic,
research and tourism institutions such as the UP Los Baños (UPLB),
International Rice Research Institute (IRRI), Boy Scouts of the
Philippines (BSP), National Arts Center (NAC) and “Pook ni
Maria Makiling”. (A Master Plan for the Mt. Makiling
Reserve Area is currently being prepared by a counterpart
Committee). As
a natural resource, it is considered a very important watershed
providing irrigation, industrial and domestic water supply to
numerous population of its surrounding communities. The
Reserve serves as an important catchment area for Laguna de
Bay. Along with forest lands, other resources include
extractive opportunities for both metallic and non-metallic
deposits. Geothermal potential has also been
established. The Mt. Makiling-Banahaw geothermal resources
is already developed and is being utilized to supplement the
nation’s energy needs. The natural resource endowments of Laguna de Bay Region being affected by rapid urbanization of Metropolitan Manila, such as rapid population growth, intensive agriculture, and industrialization, present a challenge to development planning. The lake is the single most important resource of the region and to which all aspects of resource exploitation are vitally linked. (For greater detail of this subject, see Gedney, 1973; Lee and Adan, 1976 and Francisco, 1985). |
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2.2.1 |
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2.2.2 |
Studies conducted since 1967 have established existing uses and indicated development potentials for the lake’s natural resources. Because of its proximity to Metropolitan Manila, the resources and their use contain unique potentials for economic development. At present it is a source of industrial cooling water; a source of irrigation water; a source of hydroelectric power; a transport route for oil products and the lakeshore dwellers; a source of snails for duck feed; a venue for recreation and most notably a source of fish supply. The lake is intended in the future to be a main source of domestic water supply for the region especially Metropolitan Manila.
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2.3.1 |
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2.3.2 |
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2.3.3 |
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2.3.4 |
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2.3.5 |
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2.3.6 |
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2.3.7 |
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2.3.8 |
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2.3.9 |
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3.0 INSTITUTIONS AND INSTITUTIONAL ARRANGEMENTS IN MANAGING LAGUNA DE BAY |
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3.1 EXISTING INSTITUTIONAL ARRANGEMENTS IN LAGUNA DE BAY |
In view of the imperatives of socio-economic development and in recognition of the potential of the lake as a resource, the Philippine government enacted in 1966 a law that would control the use of Laguna de Bay. Republic Act 4850 and its subsequent amendments provide the broad policy and management framework for the once unregulated and underutilized resource of the lake. To understand the institutional arrangements and the policy decision-making process in Laguna de Bay, it is essential to examine the origin and implications of the Act.
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3.1.1 |
THE EVOLUTION OF A LAKE MANAGEMENT AGENCY: A HISTORICAL TREATMENT |
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3.1.2 |
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3.1.2.1 |
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A. |
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B. |
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C. |
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D. |
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E. |
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F. |
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G. |
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3.1.3 |
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3.1.3.1 |
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3.1.3.2 |
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3.1.4 |
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3.1.5 |
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1. |
The urban expansion of Metro Manila, combined with the current and intended uses of the lake, had created deep concern among the government and the general public over the impact of development on the Laguna de Bay and its tributaries; |
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2. |
The continuing deterioration of the lake induced by inflow of polluted water from Pasig River and industrial, domestic and agricultural wastes from urbanizing and built-up areas around the lake; |
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3. |
The floods in Metro Manila and the lakeshore towns were being influenced by the hydraulic system of Laguna de Bay and its river systems; |
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4. |
The deficiencies and ambiguities in the provisions of R.A. 4850 were found to impede the Accomplishment of the Authority’s goals; and |
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5. |
There
were other government agencies exercising varying degrees of
jurisdiction and control of the lake, resulting in problems of
coordination, planning and management, thereby creating a
constraint on the Authority to plan and implement its objectives. On 16 December 1983, despite PD 813 which had already strengthened the charter for lake management, the President issued Executed Order No. 927. The national government felt the need to further improve the institutional capabilities of LLDA to rationalize the allocation of resources in response to the demands of various users. The Executive Order further defined certain functions and granted additional powers to LLDA. This more significantly included the Authority to modify and improve the organizational structure, the extension of the scope of jurisdiction and the power to issue standards, rules and regulations pertaining to aspects of pollution control. (The preceding discussions were based from Francisco, 1985). |
| 3.1.2 | THE POLICY AND LEGAL FRAMEWORK | ||
|
For
Laguna de Bay, the legal rules for managing the resources evolved
in three major stages: The
first stage was the creation of a lake management agency through
the enactment of R.A. 4850. The Act was passed to rationalize the uncontrolled and
underutilized resources which was threatened by the spillover
effects of urbanization, industrial pollution and a growing
population. The Act provided the necessary decision-making process at
the regional level to facilitate cooperation and coordination
among different sectors. The Laguna Lake Development Authority was created by this
Act to promote and accelerate the development and balanced growth
of the Laguna de Bay area. The
second stage was the proclamation of PD 813 which sought to amend
R.A. 4850. The
Presidential Decree was issued to remedy the deficiencies and
ambiguities in the previous Act which were found to impede the
accomplishment of the objectives defined for the LLDA. This amending Decree provided a better-defined statutory
system for the decision-making process. The power to issue necessary permits or clearances in the
use of the lake, as well as the power to institute necessary legal
proceedings, was defined at this level for the LLDA to implement.
As an expression of the central government’s basic
policies, the amendment defined the relationship of LLDA with the
NEDA and other central government agencies. This reinforced the integration of the LLDA with the
central decision-making body in government. The third stage was the issuance of Executive Order No. 927
which further defined certain functions and specified additional
powers for the LLDA. The Executive Order provided the LLDA with the authority to
modify and improve its structure. (This was, however, not realized up to the present
administration). It also extended the scope of its jurisdiction.
A strengthened statutory system was defined which granted
the LLDA the power to issue standards, rules and regulations
pertaining to specific aspects of pollution control. Within
the provisions of the three statutory stages mentioned above,
there are several institutional mechanisms which specifically
define the limits of policy decision-making by LLDA. The significant role given to the President and the strong
influence of the National Economic and Development Authority on
the policy decision-making process in Laguna de Bay clearly
indicate these limits. A review of the provisions of the legislation, particularly
PD 813, explicitly shows the strict reference to the need for
approval of NEDA and other central government agencies, and/or the
President of practically all actions undertaken by the LLDA. More
recently, through Executive Order 149 (28 December 1993) the
administrative supervision over LLDA was transferred to the
Department of Environment and Natural Resources. This recent move remains an institutional question in terms
of its constitutionality. The essential provisions of the policy and Legal Mandates of LLDA are presented below. |
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| 3.1.2.1 | |||
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The amending legal framework (PD 813) specifies for the LLDA to undertake a comprehensive survey of the physical and natural resources and potential of the region, particularly the socio-economic conditions, the development of resources and the regional problems. On the basis of this survey, the Authority is compelled to draft a comprehensive and detailed plan with the objective of promoting the region’s rapid socio-economic development. The implementation of such a plan as required by PD 813, is subject to the approval of the National Economic Development Authority (NEDA). Furthermore, the implementation of plans relating to fisheries are specifically subject to the prior consensus of the Bureau of Fisheries and Aquatic Resources (BFAR) in order to make it consistent with the national fisheries plan (P.D. 813 Section 2(a), 1975). LLDA was, however, not successful in this respect due to inherent institutional constraints such as lack of resources and trained personnel to undertake regional planning. |
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| A. | |||
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The
legal framework bestowed upon LLDA the power to approve or
disapprove all proposals and development activities within the
lake region. Relating to the approval of proposals, LLDA is
granted the authority to issue necessary permits or clearances,
provided such proposals are in consonance with those of the
Authority and provided that these will not contribute to the
unmanageable pollution of Laguna de Bay. In the
implementation of this policy, LLDA is empowered to exact fees
from proponents for the processing of such plans, programmes and
projects. Furthermore, the LLDA is granted the right to
institute necessary legal proceedings against those who implement
any project/plan/program in the region without the necessary
clearance from the Authority. However, for disapproved
proposals, the LLDA may refer the proponents to appeal to NEDA
within fifteen days from its decision. These mechanisms were
intended to facilitate the coordination of plans and procedures,
with respect to Laguna de Bay, between the LLDA, the national and
local government offices and public corporations for the purpose
of drawing up a Laguna de Bay development plan. For
integration, this development plan becomes binding upon all
parties concerned upon approval by the NEDA Board. (P.D. 813
section 2(d), 1975). In respect to the above, there are overlapping functions and lack of coordination with the permit system of the DENR, DTI and the HLURB and the Local Government Units. |
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| B. | |||
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When
so required within the context of the development plans and
programs in the region, the LLDA is complelled to plan, finance
and/or undertake infrastructure projects such as river, flood and
tidal control works, waste water and sewerage works, water supply,
roads, port works, irrigation, housing and related works.
For any project financed wholly or in part by the LLDA, it is
authorized to collect reasonable fees and tolls from beneficiaries
in order to recover costs of construction, operation and
maintenance of the project. However, the amounts of such
fees and tolls are subject to the approval of the NEDA
Board. Infrastructure projects which are classified by NEDA
as “social overhead capital projects” can undertaken by the
Authority with financial assistance from central government.
However, such projects shall be subjected to such terms and
conditions that may be imposed by the government, upon the
recommendation of the NEDA Board. (P.D. 813 section 2(f), 1975). The major infrastructure projects so far completed are the Manggahan Floodway and the Napindan Hydraulic Control Structure. However, it is sad to note that LLDA did not play a major role in these projects. The irrigation projects of NIA and the power projects of NAPOCOR should also have yielded some income to LLDA in terms of user fees due from water derived from the lake. However, up to this point, such fees from abstracting lake waters have yet to be completely agreed upon through a Memorandum of Agreement. |
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| C. | |||
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For
the purpose of effectively regulating and monitoring activities in
Laguna de Bay, the Authority was granted exclusive jurisdiction to
issue a new permit for the use of lake waters for any project or
activities in or affecting the lake including navigation,
construction and operation of fish pens, fish enclusures, fish
corrals and the like. To
achieve this purpose, it can impose necessary safeguards for lake
quality control and management and to collect necessary fees for
said activities and projects.
Fees collected for fisheries may be shared between the
Authority, other government agencies and local government
authorities in such proportion as the President may determine.
Subject to Presidential approval, the Authority was also
empowered to promulgate rules and regulations which govern
fisheries development activities in Laguna de Bay. (P.D. 813
section 3(k), 1975). While the above provision has been exercised, the recent enactment of the New Local Government Code (RA 7160) created some degree of confusion as to the authority of Local Government Units over municipal waters and fishing grounds. The Central government, the legislature and ultimately the Supreme Court have yet to act on the issue to resolve such legal impasse. |
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| D. | |||
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The
legal framework specifies that LLDA should act in coordination
with existing government agencies in establishing water quality
standards for industrial, agricultural and municipal waste
discharges. These
standards are to be enforced in cooperation with said existing
agencies, or they can be separately pursued by the Authority.
Penalty actions are provided elsewhere in the Act for the
enforcement of such standards.
Any conflict on the appropriate water quality standard to
be enforced is to be resolved through the NEDA Board (P.D. 813
section 3(n), 1975). So far LLDA has been cooperating with the DENR through the EMB along this line. The LLDA has yet to develop its own water quality standards for the lake in view of its unique characteristics and its huge assimilative capacity. While coordination exist, it should be clear with DENR regional offices that LLDA is the Authority in the Lake Region. |
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| E. | |||
|
The
key influence of the legal framework is embodied in the provisions
of Section 25, PD 813.
For budgetary control, the Authority has to submit audited
financial statements to NEDA within sixty days after the close of
the fiscal year.
For management control, the NEDA may at its own instance,
initiate a management audit of the authority when there are
reasonable grounds to believe that the Authority has been
mismanaged.
The NEDA reserves the right to take appropriate measures as
may be required should the audit indicate mismanagement.
(P.D. 813 section 25, 1975). This provision was never observed, however, the necessary administrative action has been traditionally exercised by the DBM. |
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| F. | |||
|
The
legal framework also defines the structure at the organizational
level.
Executive Order 927 allowed the Authority to modify its
structure, providing for the creation of the position of Deputy
General Manager; upgrading the existing divisions into
departments; and regrouping departments into offices.
More significantly, the composition of the Board of
Directors for the Authority has been increased to ten members
consisting: a representative of the office of the President; the
Secretary of Economic Planning; the Secretary of Natural
Resources; the Secretary of Trade and Industry; a representative
of Laguna Province; a representative of Rizal Province; a
representative of the Governor of the Metro Manila Commission; the
President of the Laguna Lake Federation of Mayors, Inc.; a
representative of the private investors; and the General Manager
of the Laguna Lake Development Authority.
The General Manager for LLDA and the representative of the
private investors are both appointed by the President. (E.O No.
927 section (1) and (5), 1983). Organizational restructuring has yet to be realized. Since its creation in 1969, LLDA has remained with its organizational framework, albeit with limited changes. The magnitude and scope of its functions and the expectations of the general public for it to accomplish its objectives, it is of primary importance that central government should act to upgrade and strengthen the organizational capability of LLDA. |
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| G. | Scope
of Jurisdiction |
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|
To
effectively regulate and monitor activities in the Laguna de Bay
region, the Authority is granted exclusive jurisdiction to issue
permits for the use of all surface water for any project of
activities affecting the said region.
For clarity of purpose, it was defined that the term “Laguna
de Bay Region” shall refer to the Provinces of Rizal and Laguna;
the cities of San Pablo, Pasay, Caloocan, Quezon, Manila and
Tagaytay; the towns of Silang and Carmona in Cavite Province; the
town of Lucban in Quezon Province; and the towns of Marikina,
Pasig, Taguid, Muntinlupa and Pateros in Metro Manila. (E.O. No.
927 section (2), 1983). While the jurisdiction of LLDA is clearly defined, it lacks the recognition it deserves from the LGUs, regional offices of the Central government as well as national agencies who should recognize it as special agency in charge of a special sub-region essential to national development. |
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| 3.1.3 | |||
|
While
policies are expressed and relationships are defined by the legal
framework, the organizational structure gives meaning and
substance to those policies and relationships.
In effect, it puts institutions into form.
The institutionalization of the legal and policy framework
is characterized by the functional and structural nature of the
policy-decision making system at the organizational level within
LLDA. To give essence and substance to the mandate of its empowering Act, the LLDA sought a lead role in the region. Taking off from the findings and recommendations of the UNDP studies in Laguna de Bay, the LLDA, in cooperation with various international agencies, undertook in-depth studies on lake fisheries, water quality, water supply, industrial estate planning and irrigation. These comprehensive studies resulted in the formulation of various programs and projects. |
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| 3.1.3.1 | |||
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Structurally,
the LLDA is directed by a Board of Directors
which sets the policies for the operational level.
The Board of Directors acts to exercise the corporate
powers vested in the Authority.
One of the major functions of the Board of Directors, as
set forth in the legal framework, is “to formulate, prescribe,
amend and repeal rules and regulations to govern the conduct of
business of the Authority” (P.D.
813, Section 25.A(a), 1975) Based
upon this function,
the LLDA formulated rules and regulations for the
management and use of resources in Laguna de Bay.
A major example of policy which have been formulated and
implemented is the “Rules and Regulations Governing the
Construction and Operation of Fishpens of Fish Enclosures in
Laguna de Bay” issued in 1976 and in 1983 the Lake Fisheries
Zoning and Management Plan (ZOMAP).
To ensure the implementation of these rules and
regulations, the LLDA can enlist the assistance of the judicial
system through its corporate powers.
Penal provisions have been provided to give legal status to
the organizational policies.
Likewise, the organizational set-up of LLDA includes a
Legal Division which is charged with operationalizing the judicial
process. One of the striking aspects of the LLDA Board is the apparent dominance of central government representation. Of the ten members that constitute the Board, four members are direct representatives of central government agencies. Another two members indirectly represent central government. The General Manager of LLDA and the representative of private investors, are both subject to Presidential appointment. The remaining four members are representatives of the local governments in the region. Apart from these local government representatives, who are indirectly elected by the public, there is no representation for interest groups from the region. The absence of such representation in the policy-decision making process neglects one of the essential component in institutional arrangements for resource management. |
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| 3.1.3.2 | The LLDA Divisions | ||
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To
carry out its activities, the Authority was originally organized
into seven divisions under the direct supervision of a General
Manager and assisted by an Assistant General Manager. These
divisions are: the Administrative Division, Legal Division,
Finance Division, Project Management Division, Engineering and
Construction Division, Environmental Protection Division and the
Planning and Project Development Division. In 1990, the
Corporate Management Services Office, the Lake Management Division
and the Community Development Division were created thereby
modifying the organization structure to address the problems in
the fishpen industry and the lakeshore communities. Organizational
structure. The agency should have been reorganized. However, this did not materialize due to central government inaction. More recently, a new proposal is in the process of being finalized for submission to and approval by the Office of the President. |
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|
3.1.4 |
OTHER CENTRAL GOVERNMENT AGENCIES IN THE LAKE REGION | ||
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In
Laguna de Bay, central government agencies also play an important
role in the policy-decision making process. Although the
influence of these agencies is indirect, their role has been
explicitly or implicitly defined in the legal framework. The
National Economic Development Authority (NEDA) and the DENR are
the most significant government agencies which strongly influence
the policy-decision making process in Laguna de Bay. Other central government agencies involved in the management of the lake’s resources mainly assist or advise the Authority in its activities. Figure 3.3 shows the various agencies operating in the lake in various areas of concerns and in varying functional activities. |
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| 3.1.5 | PUBLIC INVOLVEMENT AND INTEREST GROUPS | ||
|
It
has been pointed out that representation of legitimate interest
groups in the policy-decision making process is an important
social value in institutional arrangements. Furthermore, a criterion for an “ideal” arrangement is
one that would provide legislative and institutional mechanisms
not only to permit but to ensure public access and
involvements. In
the lake region, the only vocal sectors are the fishermen and
farmers who are relatively better organized. Their concerns are primarily on lake fisheries and
inundation of agricultural areas. These concerns are largely socio-economic and partly
environmental. More recently a growing concern on environmental issues
have shown an increasing participation from communities affected
by industrial pollution. Such involvement are, however, very limited. The
lake management agency is perceived as a non-political entity in
the region. It is not an arena of political activity to most people.
Generally, views from the public are aired through the
existing local government units, such as the Municipal Council of
the Provincial Board. The absence of a formal relationship between LLDA planning
units and local government planning units accounts for low
participation of various groups of the population in the
policy-decision making process of LLDA. An institutional mechanism should therefore be developed to
allow public input in the policy-decision making process
(Francisco, 1985). In the lake, the impetus for public involvement comes from public agencies, especially from professionals within these agencies who are trained to perceive and anticipate changes that may take place. Depending on the political significance of any activity, professionals normally press the need to include situational analysis, needs analysis, socio-economic surveys, perception assessment, etc. in their recommendations. Results of consultative discussions are then reported to decision-makers through the operational level of the decision hierarchy. Depending on the strength of recommendations as well as the political significance of the proposal, appropriate policy changes are instituted (Francisco, 1985). |
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3.2.1 |
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3.2.1.1 |
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3.2.1.2 |
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3.2.1.3 |
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3.2.2 |
DELINEATION OF POWER, AUTHORITY, RESPONSIBILITY AND JURISDICTION |
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3.2.2.1 |
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3.2.2.2 |
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3.2.3 |
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3.2.4 |
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3.2.5 |
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3.2.5.1 |
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3.2.5.2 |
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3.2.5.3 |
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3.2.5.4 |
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3.2.5.5 |
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4.1.1 |
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4.1.1.1 |
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4.1.1.2 |
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4.1.1.3 |
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4.1.1.4 |
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4.1.1.5 |
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4.1.2 |
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4.1.2.1 |
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4.1.2.2 |
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4.1.2.3 |
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4.1.2.4 |
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4.1.3 |
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4.1.3.1 |
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4.1.3.2 |
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a. |
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b. |
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4.1.3.3 |
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b. |
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c. |
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d. |
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The following problems and issues discussed were established from the major studies undertaken on the Laguna de Bay and its basin resources. During the multi-sectoral consultation on the proposed Master Plan these were validated in the workshop/discussion. |
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4.2.1 |
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4.2.1.1 |
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4.2.2. |
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4.2.2.1 |
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4.2.2.2. |
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4.2.3 |
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4.2.4 |
INCREASING CONCERN ON GROUND/SURFACE WATER DUE TO CONTAMINATION FROM MULTIPLE SOURCES |
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4.2.5 |
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4.2.6. |
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4.2.1 |
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The
Laguna Lake Region comprises a number of catchment areas. Land use activities in these areas, such as those related
to the forest cover, agriculture, urban development, energy
production, mining, and lake draw-down affect both the watershed
and the lake. The
traditional land use pattern in the Basin - the series of small
compact urban centers in Metro Manila contained by vast rice
paddies, coconut, sugarcane plantations and orchards in the rest
of the Basin has been rapidly changing due to physical social and
political factors among which include the following: (1)
population growth (in-migration for economic opportunity), (2) the
creation of Metro Manila as a political entity in 1975 and
adoption of the intermediate urban area system for urban
expansion, (3) Presidential proclamation of a dispersal policy for
industry whereby major industrial development could no longer the
located within 50 km radius from the Luneta Park, (4) Construction
of the South Super Highway which promoted corridor movement from
Manila south to Calamba, and (5) the sustainability of much of the
area for economic development thereby accelerating industrial
expansion (URSI, 1989). These factos have contributed to the continuing
encroachment of built-up areas into agricultural lands and heavy
deforestation in the upland areas of the watershed. The western rim of the lake gives evidence of urban
sprawl-- suburbanization and strip development north of Manila to
Montalban and southeasterly as far as Los Baños. Industrialization
and growth of major urban centers in the northwestern and
southwestern portions of the basins are generally influenced by
the economic growth fostered by Metro Manila. All
types of industries in the basin are clustered in the north from
Manila to Marikina and Antipolo along the western growth corridor
from Muntinlupa south to Calamba. Agro-industry (which includes livestock raising,
particularly hogs and poultry) is principally centered in two
locations-- in the northern area around Montalban, San Mateo,
Angono and Baras in Rizal Province and the southeast focused on
Sta. Cruz, Pila and Victoria in Laguna Province. The
Basin is also rich in industrial materials. At least ten municipalities currently have some form of
mining, quarrying or extractive activity underway. Several municipalities are the source of significant water
or power supply. Montalban and Tanay dams supply water to Manila, Pililla
and Cavinti which are centers of electric power generation and Bay
which is the center of geothermal development (URSI, 1989). In 1974, SOGREAH suggested a land zoning for the lakeshores. This was a result of the proposed rule curve and thus, probable lake levels due to the flooding effect on the lake. The extent of potential flooding along the Laguna lakeshore, defined as the area between 10.5 m and 14.6 m above LLDA datum level, was calculated in 1975 to be 26,000 has. The land use in this area consisted in the same year of 1,992 has. residential, 14,478 has. agricultural, 323 has. industrial and 102 has. commercial consisting 63% of the total, with the rest being marshes and swamps. Rapid urbanization in the flood plains has increased the potential for flood damage (JICA, 1991). More than 14,000 has. are subject to flooding every year. Present observation of the lakeshore concludes that the development which occured along the shoreline does not respect the 12.5 m. limit nor the basic recommendation regarding land occupation (SOGREAH, 1991). |
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4.2.1.1 |
Irrational Land Use | |||||||||||
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a. Settlements and Urban Development Due to its proximity, the development of the Laguna de Bay region has been influenced by the growth of Metro Manila in socio-economic and physical terms. Especially, the urbanization in the provinces adjacent to Metro Manila has been mainly caused by spillover of the population economically linked to it (JICA, 1991). The suburbanization in the areas in the region has taken forms of private subdivision of lands, government-sponsored low cost housing and site and services programs, and spontaneous development of residential areas in existing towns. Five main directions are identified:
Some
environmental issues related to human settlements are those
affecting their location, expansion and issues related to their
management, regulation and maintenance. The
absence of a regional land use plan, concrete land ownership
structures and explicit government intervention strategies are
perhaps the main factors contributing to “illegal” settlements
and chaotic urban sprawl in the Region today.
These situations are mainly characterized by primitive
facilities, overcrowding/congestion and poor sanitation linked to
an unhealthy environment. Proximity
to basic services and facilities and sources of livelihood remain
to be logical consideration for determining the location of rural
and urban communitues in the Region.
The uncontrolled physical expansion of urban communities
make provision for housing, roads, water supply, sewers and public
services prohibitively expensive in financial;
technical and environmental terms.
Urban communities have been, lately, built in the most
productive agricultural lands resulting in permanent loss of
precious land resources. In
general, urban growth have often preceded the establishment of a
solid, diversified economic base to support the build-up of
housing, infrastructure and employment. In the Philippines, there are neither explicit urban development policies nor are there organizations specializing in urban development. Recently, however, the importance of urban development in economic development has been recognized, and a physical framework for Luzon has been established by NEDA. However, the physical framework is nothing more than indicative at best. | ||||||||||||