Kalinga files court case vs Mt Province, DENR on Chico River pollution

TABUK CITY, Kalinga -- The dumping of waste along the Chico River prompted the filing of an environmental case for the issuance of writ of kalikasan and writ of continuing mandamus for issuance of temporary environmental protection order by private complainant Kalinga Anti-Pollution Action Group (KAPAG).

The petition filed Oct. 3 at the Court of Appeals charged the Municipal government unit of Bontoc and mayor PascualSacgaca as chair of the municipality solid waste management board for reportedly indiscriminate dumping of waste along the Chico River polluting  irrigation water that flows to vast  rice fields of  Tabuk and downstream Cagayan and Isabela.

 The Chico River irrigates rice fields and vegetable plots along communities where the waters flow, the rice plains of the rice granary of Tabuk, Kalinga and rice fields of the Mallig Plains of Isabela considered the rice granary of the Cagayan Valley Region.

 Said petition also charged the provincial government unit of  Mountain Province and Gov Leonard Mayaen as chair of the Provincial Solid Waste Management Board for reportedly allowing prolonged operation of the questioned dump site.  

 Stating the petitioners’ constitutional right to a balanced and healthful ecology and on behalf of others affected, the case was filed by KAPAG president Rev. Luis Aoas, and members Rt. Rev. Renato Abibico, Dr. Jaime Almora, Estaneslao Albano, Jr., Rev. Claudio Bagano, Petra Baguiwen, Rev. Daniel Balacang, Rolando Carbonel, Atty  Errol Comafay, jr., Gerry Dona-al, Fidel Pan-oy, Rev. Regino Ramos,  Corazon Ryan, Engr. Dominic Jude Sugguiyao, and Coun. Alma Sandra Uyam. 

 “The environmental damage caused by the municipal government of Bontoc is of such magnitude that it prejudices the life, health, property, and livelihood of inhabitants of Mountain Province, and the inhabitants of the downstream Provinces of Kalinga, Cagayan, and Isabela”, the petitioners stated.

 The dumping of garbage in the Chico River by Bontoc LGU has been the subject of complaints by affected persons.

The Sangguniang Panlalawigan of Kalinga issued resolutions calling on Bontoc government to stop dumping garbage in the Chico River.

 KAPAG said the Bontoc-LGU is liable for violation of the Ecological Solid Waste Management Act (RA 9003) and Philippine Clean Water Act (RA 9275) which prohibits discharging, depositing or causing to be deposited material of any kind directly or indirectly into the water bodies causing water pollution.

 The questioned open dumpsite is located at Barangay Caluttit, Bontoc directly above the Chico River.

The garbage flows to the downstream communities of Mountain Province, then to the Provinces of Kalinga, Cagayan, and Isabela.

 The petition said Bontoc-LGU and the Provincial Government Unit of Mountain Province failed to prepare and implement sound and comprehensive Local Government Solid Waste Management Plans as mandated by RA 9003.

Secretary Ramon Paje and regional director Clarence Baguilat of the Department of Environment and Natural Resources (DENR) were also petitioned being responsible for the enforcement of environmental laws.

The Environmental Management Bureau (EMB)-DENR director  Juan Miguel Cuna and the EMB–CAR regional director Oscar Cabanayan were charged  for  not exercising pollution prevention and control.

 “These acts of the Municipal Government Unit of Bontoc have been brought to the attention of the DENR and the EMB.  Instead of immediately stopping the dumping of garbage in the Chico River, the only thing that these agencies did was to form a task force.  Despite the formation of a task force, the pollution of the Chico River continues,” the petition stated.

 “If not stopped, the dumping of garbage will eventually kill the Chico River.  The Chico River which has been a source of life to the communities it traverses will become a giant sewer that will bring illness to the affected inhabitants.  It will no longer be a source of food but a source of disease”, the petitioners added. 

 As source of irrigation and domestic water, the Chico River is a source of food, fish, crustaceans, and other water creatures. It also attracts a number of tourists for whitewater rafting.

 The Chico River traces its headwaters from Mount Data of  Bauko Mountain Province, and picks waters from the tributaries of  Sagada, Tadian,Sabangan, Bontoc, and Sadanga,  with waters flowing to Kalinga until it eventually reaches Cagayan and join the mighty Cagayan River.

 The petitioners called on the respondents to clean up the Chico River in furtherance to the Philippine Environmental Code (PD 1152) which provided that, “It shall be the responsibility of the polluter to contain, remove and clean up water pollution incidents at his own expense. In case of his failure to do so, the government agencies concerned shall undertake containment, removal and clean-up operations and expenses incurred in said operations shall be charged against the persons and/or entities responsible for such pollution.”