Guidelines on the Manila Bay Clean-Up, Rehabilitation, and Preservation Program's Local Government Units Compliance Assessment

December 4, 2018

DILG MEMORANDUM CIRCULAR NO. 2018-207

GUIDELINES ON THE MANILA BAY CLEAN-UP, REHABILITATION, AND PRESERVATION PROGRAM'S LOCAL GOVERNMENT UNITS COMPLIANCE ASSESSMENT

1.0 Prefatory Statement

"So it was that in Oposo v. Factoran, Jr. the Court stated that the right to a balanced and healthful ecology need not even be written in the Constitution for it is assumed, like other civil and political rights guaranteed in the Bill of Rights, to exist from the inception of mankind and it is an issue of transcendental importance with intergenerational implications. Even assuming the absence of a categorical legal provision specifically prodding petitioners to clean up the bay, they and the men and women representing them cannot escape their obligation to future generations of Filipinos to keep the waters of the Manila Bay clean and clear as humanly as possible. Anything less would be a betrayal of the trust reposed in them."

- Metropolitan Manila Development Authority, et al. vs. Concerned Residents of Manila Bay1

Pursuant to the Supreme Court mandamus to clean up the Manila Bay, the Department of the Interior and Local Government was mandated to monitor Local Government Units as they perform their duties under existing environmental laws and policies. The Department, through the Manila Bay Clean-up, Rehabilitation and Preservation Program (MBCRPP), together with the other mandamus agencies came up with six (6) outcome areas under the 2017-2022 Operational Plan for the Manila Bay Coastal Strategy (OPMBCS).

Accordingly, the LGU Compliance Assessment is a product of Outcome Area No. 6 of the OPMBCS prescribing the development of a mechanism for the filing of complaints against non-compliant LGUs with the Office of the Ombudsman for investigation and/or prosecution.

2.0 Purpose

The purpose of this policy is to lay down the overall guidelines on the conduct of the MBCRPP's Local Government Units Compliance Assessment.

3.0 Scope/Coverage

3.1. This policy shall cover:

3.1.1. Three (3) Regions, and one hundred seventy-eight (178) cities/municipalities which shall be subjected to the LGU Compliance Assessment;

3.1.2. All thirteen (13) Mandamus Agencies which are primarily involved in the conduct of the compliance assessment, together with other coordinating agencies. The coordinating agencies are concerned agencies that are not part of the mandamus case but their technical expertise are considered necessary to achieve the goals of the mandamus;

3.1.3. MBRCPP-Project Management Office (PMO) and Project Management Teams (PMTs) as the overall lead in the conduct of the compliance assessment;

3.1.4. Other DILG Central Office Bureaus and Services which shall provide the necessary technical, administrative and/or logistical support.

4.0 Policy Content and Guidelines

4.1. Assessment Criteria

The assessment focuses on four (4) categories, namely: (1) Liquid Waste Management; (2) Solid Waste Management; (3) Informal Settlers Families (ISF); and (4) Information Education Communication (IEC) and Institutional Arrangements. These categories correspond to specific Outcome Areas under the OPMBCS.

4.1.1. Liquid Waste Management is based on Outcome Area No. 1 which deals with liquid waste discharging into Manila Bay in compliance with the General Effluent Standard and/or ambient water quality stipulated in the water quality guidelines. Pursuant to this Outcome Area, the percentage of total commercial establishments (CEs), factories (Fs), and private homes (PHs) along the tributaries of the Manila Bay watershed area are to be inspected by LGUs for adequate wastewater treatment facilities or septic tanks. Compliance of these facilities depend on their adherence to existing national standards relative to design and functionality as provided by law.

4.1.1.1. The LGUs are directed to issue notices instructing deviant owners to remodel their wastewater treatment facilities and/or septic tanks or construct one if remodeling or upgrading is not possible within a specified period of time upon pain of closure or any other sanction deemed appropriate by the LGUs and its existing ordinances.

4.1.2. Solid Waste Management is based on Outcome Area No. 2 which deals with the reduction of solid wastes ending up in Manila Bay. Pursuant to this Outcome Area, the LGUs are monitored on their compliance to the following key provisions of Republic Act No. 9003: the creation of a Local Solid Waste Management Board and the formulation of the Local Solid Waste Management Plan; the enforcement of mandatory segregation of wastes at source; the implementation of no-segregation, no collection rule; the establishment of functional Materials Recovery Facilities; the access to allowed disposal facilities and availability of waste diversion program; and the enforcement of no littering and other related ordinances.

4.1.3. ISF Management is based on Outcome Area No. 3 which deals with the removal of houses, structures, construction and other encroachments along the easement areas in rivers, waterways, esteros, lakes and bay coastlines within the Manila Bay region. Pursuant to the goal of the removal and relocation of identified informal settlers and structure along the coastal, shorelines and other waterways or tributaries of Manila bay, the LGUs are tasked to establish their Local Housing Board and develop their Local Shelter and Relocation Action Plans.

4.1.4. IEC and IA are based on Outcome Area No. 6 which deals with the proper implementation of the OPMBCS. Under this Outcome Area, the Department is mandated to assess the compliance of all LGUs within the Manila Bay Area with regard to the overall implementation of the program. Pursuant to this, all LGUs are assessed through the conduct of the Annual LGU Compliance Assessment and are mandated to perform and develop various Information, Education and Communication (IEC) Campaigns in order to increase awareness on the Manila Bay Program.

4.2. Assessment Prerequisites: Tools, Structures and Composition, Support of Coordinating Agencies

4.2.1. Assessment Tools. The revised assessment tool is hereunder attached as Annex "A".

4.2.2. Structure and Composition. The National Inter-Agency Committee (NIAC), and Regional Inter-Agency Committee (RIAC) shall be composed of the following agencies:

4.2.2.1. Department of the Interior and Local Government (DILG);

4.2.2.2. Department of Environment and Natural Resources (DENR);

4.2.2.3. Department of Public Works and Highways (DPWH);

4.2.2.4. Department of Health (DOH);

4.2.2.5. Metropolitan Manila Development Authority (MMDA);

4.2.2.6. Local Water Utilities Administration (LWUA);

4.2.2.7. National Housing Authority (NHA);

4.2.2.8. Department of Agriculture (DA);

4.2.2.9. Presidential Commission on Urban Poor (PCUP); and

4.2.2.10. Metropolitan Waterworks and Sewerage System (MWSS) and its water concessionaires.

4.2.3. Participation of coordinating agencies. To ensure a comprehensive and balanced perspective in the assessment, representatives from other coordinating agencies, aside from the thirteen (13) mandamus agencies, shall be tapped.

4.2.4. Agencies and concessionaires which comprises the National Inter-Agency Committee (NIAC) and Regional Inter-Agency Committee (RIAC) shall be asked to delegate permanent representatives from their respective offices, specifically those holding plantilla positions, to participate in the assessment proper. This is to ensure the effective and uniform flow of the assessment from the initial to the final deliberation of LGUs. In line with this, all agencies shall also be asked to furnish this Department copies of their Department Order or Special Authority designating the list of their permanent representatives.

4.3. Phases of the Assessment

The conduct of the assessment shall be evidence-based, wherein proper and complete documentation is deemed important and should emanate from the LGUs up to the final stage of the deliberation. The members of the Assessment and Validating team must have proper authority to conduct the same.

The period of compliance at which LGUs will be graded for will be the last four (4) quarters prior to the 3rd Quarter of the assessment year, unless there is a specific baseline indicated for an item within a category. To reiterate, the quarters to be assessed are the 3rd and 4th Quarters of the previous year, and 1st and 2nd Quarters of the assessment year.

All documents necessary in the assessment should be submitted by the LGU on or before June 30 of the assessment year. All documents that are submitted to the RIAC beyond this date may be considered inadmissible for the audit.

The overall assessment is guided by the following:

4.3.1. Table Assessment: The Regional Inter-Agency Committee (RIAC) of the conducting regions shall convene for the conduct of the Table Assessment. The goal of this stage is to determine (per LGU) the list of places to visit for the spot checking which should he determined according to (1) all commendable practices or (2) all possible violations found through the resulting score of the said Table Assessment.

4.3.1.1. LGUs shall ensure data availability or accessibility to the following documents: a. Submitted Manila Bayanihan Forms; b. Solid Waste Management Plan; c. Environmental Compliance Audit Validation Reports; d. related Ordinances; e. Local Shelter Plans and Resettlement Action Plans; and other reports/documents as necessary.

4.3.1.2. Minutes of the Table Assessment must be signed by all participants.

4.3.2. Regional Inter-Agency Committee (RIAC) Inspection. The Inspection activity should focus only on the places listed for Spot Checking as determined during the Table Assessment.

4.3.2.1. Photographs of the places listed for spot checking must be geo-tagged and labelled properly. The personnel who took the photographs must accordingly prepare an affidavit attesting to the authenticity of the same.

4.3.3. Levelling-Off Meeting with the National Inter-Agency Committee. This activity will convene the Regional Program Management Teams (PMTs) of Regions III, IV-A and NCR for the presentation of the Assessment and Inspection results to the National Composite Team who will be conducting Validation Activities for LGUs categorized under (1) Rewards and Recognition Validation and (2) Complaint Filing Validation.

4.3.4. National Inter-Agency Committee (NIAC) Validation. The LGUs listed as High/Low Compliant will be subject to the validation activity of the NIAC. The NIAC shall validate the areas of concern as determined during the leveling-off meeting.

4.3.4.1. Minutes of the Table Assessment and On-Site Inspection must be signed by all participants.

4.3.4.2. The High Compliant LGUs shall be rewarded and recognized accordingly.

4.3.4.3. The Low Compliant LGUs will be subject to the filing of complaints before the Office of the Ombudsman for failure to implement existing environmental laws.

4.3.5. A detailed Guideline for each activity is hereunder attached as Annex "B".

4.4. Terminal Reports

4.4.1. The Terminal Report will contain the overall compliance of the Low Compliant LGUs across the four (4) clusters in the given assessment period. Such results may be used by the LGUs as basis in crafting immediate and future interventions to address their low compliance score.

4.4.2. The MBCRPP Project Management Teams (PMTs) and Program Management Office shall work together to produce the necessary Terminal Reports based on the prescribed forms to be provided. The said teams shall work together in coming up with the annual LGU Scorecard (Assessment Tool) reflecting the performance of the LGUs based on the Compliance Assessment.

5.0 Annexes

5.1. Annex A: Assessment Tool

5.2. Annex B: Detailed Guidelines of LGU Compliance Assessment Activity

6.0 References

The Assessment is supported by the Supreme Court case of Metropolitan Manila Development Authority, et al. vs. Concerned Residents of Manila Bay and the following laws:

6.1. Republic Act No. 9275;

6.2. Republic Act No. 7160;

6.3. Presidential Decree No. 856;

6.4. Republic Act No. 9003; and

6.5. Republic Act No. 7279.

7.0 Effectivity

This Memorandum Circular shall take effect immediately.

8.0 Repealing Clause

All DILG orders and other issuances inconsistent herewith are hereby superseded, repealed and/or modified accordingly.

9.0 Approving Authority

(SGD.) EDUARDO M. AÑOSecretary

10.0 Feedback

For related queries, kindly contact the Department of Interior and Local Government-Bureau of Local Government Supervision at Tel Nos. (02) 876-3454 loc. 4211 or at email address at [email protected]

ANNEX A

Manila Bay Clean-Up, Rehabilitation and Preservation Program LGU Compliance Assessment Tool

ANNEX B

Manila Bay Clean-up, Rehabilitation and Preservation Program

LGU Compliance Assessment

BACKGROUND

At present, it can be observed that several Local Government Units remain to be non-compliant to the Supreme Court Mandamus of the Manila Bay Clean-up, Rehabilitation and Preservation Program (MBCRPP) despite the various assistance provided by the Department of the Interior and Local Government. As a result, the Bureau of Local Government Supervision, through the MBCRPP-Program Management Office and the Program Management Teams of the offices of Regions III, IV-A, and NCR, has agreed to increase the enforcement of the program and to effectively keep track of LGU performance through the creation of the Compliance Score sheet and Case Filing Procedure. These materials were created to demand accountability from LGUs.

This Scoring Guide provides the following advantages to the Program:

• LGUs may improve their performance by giving them an idea of how their output is assessed;

• LGUs can now be more concerned of the quality and accuracy of the data they submit;

• Regional offices, together with assessors from the inter-agency committee can now provide a better and informative feedback about each LGU's commendable actions as well as their areas for improvement;

• Because the scoring guide provides detailed characteristics of the ideal output, assessment can be considered as more objective and consistent across all LGUs being scored;

• The amount of time spent assessing each LGU can be reduced and regulated.

 

OPTIONAL STAGE:	LGU SELF-ASSESSMENT
PARTICIPANTS:	• LGU • DILG REGIONAL OFFICE
MATERIALS AVAILABLE:	LGU Self-Assessment Checklist
REQUIRED DOCUMENTATION(S)/OUTPUT:	1. LGU Self-Assessment Checklist filled out by the Local Government Unit 2. Agreed target date for the Submission of Means of Verification Documents for the RIAC Table Assessment 3. Post-Activity Report 4. Voice Recording (transcript) 5. Attendance Sheet 6. Photo Documentation
STAGE 1:	TABLE ASSESSMENT
PARTICIPANTS:	• LGU • REGIONAL INTER-AGENCY COMMITTEE
MATERIALS AVAILABLE:	LGU Compliance Assessment Tool
REQUIRED DOCUMENTATION(S)/OUTPUT	1. Compliance Assessment Tool accomplished per LGU by the Regional Inter-Agency Committee (RIAC) 2. List of Places to visit within the LGU as determined by possible violations 3. Post-Activity Report 4. Voice Recording 5. Attendance Sheet 6. Photo Documentation

 

I. The Regional Inter-agency Committee (RIAC) of the conducting regions shall convene for the conduct of the Table Assessment-Scoring Activity using the Assessment Sheet provided.

II. For every scoring category, at least one (1) government agency with the field of expertise related to the major categories (Solid Waste, Liquid Waste, Informal Settler Families) shall be present during the scoring of that specific category.

III. Any additional members to the RIAC (such as NGOs, youth groups, environmentally-concerned corporations, etc.) shall be upon the preference and discretion of each regional office.

IV. The compliance at which the LGU will be graded for shall be their cumulative accomplishment as of the cut-off date prescribed by the DILG, unless there is a specific baseline indicated for an item. "Assessment Period" shall refer to the timeframe given to the Regional Inter-Agency Committee to assess the LGUs covered by their region.

V. For all table assessments, the following documents shall be available to the regional inter-agency members as reference before and during the scoring of each LGU:

a. Copies of the LGUs' previous Assessment Sheets

b. Submitted Manila Bayanihan Forms

c. All documents (preferably certified true copy if applicable) listed in the Technical Notes of the Assessment Tool

VI. The goal of this stage is to determine (per LGU) the list of places to visit for the Spot Checking which should be determined according to (1) all commendable practices or (2) all possible violations found through the resulting scores during the said Table Assessment.

 

STAGE 2:	RIAC Inspection
PARTICIPANTS:	REGIONAL INTER-AGENCY COMMITTEE
MATERIALS AVAILABLE:	The RIAC may, upon conducting the inspection activity in the LGU, question/ask for any other documents that may support their Assessment grading.
REQUIRED DOCUMENTATION(S)/OUTPUT:	1. Accomplished RIAC Inspection Sheet 2. List of High Compliant and Low Compliant LGUs 3. Terminal Reports 4. Attendance Sheet 5. Voice Recording 6. Photo Documentation 7. Levelling-Off Meeting Presentation of the Inspection Results 8. Minutes of the meeting (signed by all attendees and notarized if possible)

 

I. All LGUs covered by the MBCRPP shall be inspected by their respective Regional Inter-Agency Committees.

II. For every scoring category, at least one (1) government agency with the field of expertise related to the major categories (Solid Waste, Liquid Waste, Informal Settler Families) shall be present during the inspection of each LGU.

III. The Inspection activity should focus only on the places listed for Spot Checking as determined during the Table Assessment.

IV. At the end of the Inspection Activities, the DILG Regional Office shall produce a presentation and a report containing the following:

a. Overview of the conduct of Inspection

b. Highlights of the Activity

c. Problems encountered during conduct

d. Actual Results

• High Compliant LGUs — For Rewards and Recognition Validation (This will be applicable in 2019)

• Priority LGUs — For Complaint Filing Validation

o Priority Type 1: An LGU Scoring below 70% and has a determined violation based on the laws prescribed by the Compliance Assessment Tool

o Priority Type 2: An LGU scoring above 70% but with a major violation with sufficient evidence/cause to file a complaint.

e. Recommendations/Way Forward

f. Photo Documentation (the photograph taken must be geotagged and once it is printed out, the copy must be signed by the personnel who took the said photo)

V. For High Compliant LGUs, the report should emphasize their commendable compliance aspects (e.g., 100% of Barangays have a functional MRF, Maintained Cleared Areas, etc.) through write ups describing the LGU's efforts and photo documentation.

VI. For Priority LGUs, the report should emphasize their violations as determined by the RIAC Inspection and Spot Checking through write ups about the RIAC's findings and photo documentation.

VI. All presentations and reports shall be used during the Levelling-Off Meeting with the National Inter-Agency.

 

STAGE 3:	Levelling-Off Meeting with the National Inter-Agency Committee (NIAC)
PARTICIPANTS:	DILG Regional and Provincial Representatives NATIONAL INTER-AGENCY COMMITTEE
VENUE/HOST:	DILG Central Office
MATERIALS AVAILABLE:	• Assessment Sheets of the Inspected LGUs
• Regional Presentation and Reports
• Materials Submitted by the LGU that the NIAC may ask about
REQUIRED DOCUMENTATION(S)/OUTPUT:	1. Final List of High/Low Compliant LGUs to be Validated by the NIAC 2. Attendance Sheet 3. Voice Recording 4. Photo Documentation 5. Determined Priority LGUs for the NIAC Validation (Stage 4) 6. Minutes of the meeting (signed by all attendees and notarized if possible)

 

I. The activity will convene the Regional Program Management Teams (PMTs) of Regions III, IV-A and NCR for the presentation of the Assessment and Inspection results to the National Composite Team who will be conducting Validation Activities (Stage 4) for LGUs categorized under (1) Rewards and Recognition Validation and (2) Complaint Filing Validation.

II. The NIAC members may bring up clarifications, questions or suggestions on the report to be presented by each regional offices.

III. At the end of the Levelling-Off, the NIAC should have been able to determine the final list of High/Low Compliant LGUs to be validated by the National Inter-Agency Committee. LGUs with a low score or less serious violations who will not be included under the Complaint Filing Violation shall receive a letter to show cause regarding their identified compliance gaps.

 

STAGE 4:	National Inter-Agency Committee Validation
PARTICIPANTS:	NATIONAL INTER-AGENCY COMMITTEE
MATERIALS AVAILABLE:	The NIAC may, upon conducting the validation activity in the LGU, question/ask for any other documents that have not been provided by the Regional Office to support their grading.
REQUIRED DOCUMENTATION(S)/OUTPUT:	1. Written Complaint against violating LGUs 2. Letter of Commendation for High Compliant LGUs 3. Accomplished NIAC Validation Sheet 4. Minutes of the Meeting during Table Meeting (signed by all parties and notarized if possible) 5. Minutes of the Meeting during post-validation deliberation 6. Post-Activity Report of Places Visited 7. Attendance Sheet 8. Voice Recording 9. Photo Documentation 10. Determined Priority LGUs for the filing of complaints

 

I. There shall be a pre-activity briefing for all participating National Validators. Agencies are requested to provide validators for the two categories: (1) Rewards and Recognition Validation and (2) Complaint Filing Validation.

II. The NIAC shall go directly to the areas of concern, as determined during the levelling-off meeting.

III. A deliberation meeting shall be conducted after every validation activity to summarize the following:

• Rewards and Recognition Validation — Winners of the Compliance Assessment

• Complaint Filing Validation — Major findings, scores and final violations to be alleged in the complaint to be filed.

V. The National Inter-Agency Committee Validation shall have a Finalization Meeting as its culminating activity to determine the LGUs who will be (1) Rewarded and Recognized, (2) Filed Complaints against and (3) LGUs to receive reprimand letters.

 

STAGE 5:	Terminal Reports and Data Production
REQUIRED DOCUMENTATION(S)/OUTPUT:	1. Finalized Individual LGU Reports; 2. Central Office Terminal Report 3. LGU Mapping of Data 4. MBCRPP Annual LGU Scorecard

 

To consolidate all workshops, orientations and inspections conducted relative to the MBCRPP LGU Compliance Assessment, the MBCRPP Project Management Teams (PMTs) and Program Management Office shall work together to produce the necessary Terminal Reports based on the prescribed formats provided. The said teams shall also work together in coming up with the annual LGU Scorecard reflecting the performance of the LGUs based on the Compliance Assessment.

 

Footnotes

1. G.R. Nos. 171947-48, 18 December 2008.