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SC denies Akbayan’s bid to intervene in Manila Bay case over dolomite beach

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Mike Navallo, ABS-CBN News

<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img src="http://sa.kapamilya.com/absnews/abscbnnews/media/2020/tvpatrol/11/17/20201027-manila-bay-dolomite-gc-dscf2753.jpg"/><figcaption>A view of the dolomite sand in Manila Bay beach project after typhoon Quinta left the Philippine area of responsibility on October 27, 2020. <em>George Calvelo, ABS-CBN News/File photo</em></figcaption></figure></div><p>MANILA — The Supreme Court (SC) has junked the bid of Akbayan to intervene in a 2008 case in an attempt to cite the Department of Environment and Natural Resources (DENR) in contempt of court supposedly for violating a continuing order to keep Manila Bay clean by dumping crushed dolomite there.</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/09/25/20/akbayan-wants-denr-cited-in-contempt-over-fake-dolomite-beach">Akbayan wants DENR cited in contempt over fake beach</a></li></ul><p>In a statement Thursday, the SC Public Information Office (PIO) said the court resolved on Tuesday that it could no longer allow Akbayan to intervene because “the case has long been concluded with finality.”</p><p>It also said that the only jurisdiction left for the court is to supervise the implementation of the ruling through submission of periodic reports to the Manila Bay Advisory Committee.</p><p>The high court noted the DENR has not been remiss in submitting its reports and it has “not yet found any violation of the continuing mandamus” based on the quarterly reports being submitted.</p><p>It also clarified that the specific directive given to the DENR and other agencies is to “clean the waters of the bay and perform maintenance measures to keep it within the legal standards of cleanliness fit for recreation”, and does not cover the DENR’s beach nourishment program.</p><p>The high court, it said, will only step in if the material used for the project — dolomite — can be shown to be hazardous.</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/spotlight/10/01/20/up-marine-scientists-explain-why-dumping-dolomite-cant-solve-manila-bay-problems">UP marine scientists explain why dumping dolomite can’t solve Manila Bay problems</a></li></ul><p>“The Court held that the instant recourse is a challenge to the wisdom behind the use of the component dolomite, which is a factual issue not ordinarily entertained by the Court,” the media briefer from the SC PIO said.</p><p>“It is a challenge that properly lies in the realm of political questions which the Court may not venture into even incidentally in a contempt proceeding under the given circumstances,” it added.</p><p>The DENR and the Department of Public Works and Highways spent P389 million to dump artificial white sand along a portion of the Manila Bay shore, which is actually crushed dolomite rock sourced from Cebu.</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/09/03/20/denr-dumps-synthetic-white-sand-on-baywalk-as-part-of-manila-bay-rehab">DENR dumps synthetic white sand on baywalk as part of Manila Bay rehab</a></li></ul><p>Akbayan had said that the artificial beach enhancement project is a “danger” to the environment, supposedly because it “contains varying levels of crystalline silica that can damage human lungs, cause cancer when breathed in, and irritate the skin and eyes.”</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/09/07/20/doh-on-bad-effects-health-of-crushed-dolomite-artificial-sand-from-denr-on-manila-bay">Crushed dolomite used as artificial white sand can cause respiratory issues, warns DOH</a></li></ul><p>Chief Justice Diosdado Peralta is the member in charge of the case, being the only magistrate left out of those who came out with the landmark ruling in 2008 that directed 13 government agencies to clean up, rehabilitate and preserve Manila Bay.</p><p>Peralta is also the chair of the Manila Bay Advisory Committee, which visited the so-called dolomite beach in October and remarked that the water in Manila Bay is already clean.</p><p>“What we can say about Manila Bay, it’s already clean. All the waters that go to the bay from the esteros are already clean. So in other words, the purpose of the continuing mandamus is having clean water. And if you will ask me if I am satisfied, I am satisfied because the waters are clean,” he had told the media, despite the pendency of Akbayan’s petition and despite DENR’s warning that swimming in Manila Bay is unsafe.</p><p>Peralta would later clarify in a press conference on October 23 that he did not refer to the water in Manila Bay itself but to waste water that undergoes treatment before it flows to the bay.</p><p>Akbayan was represented by former Commission on Human Rights Chair Etta Rosales, Center for Youth Advocacy executive director Rafaela Mae David and Akbayan Youth Chair Dr. Raymond John Naguit when the group raised the issue before the SC in September.</p><div><strong>RELATED VIDEO</strong></div><figure class="op-interactive"><iframe src="https://www.youtube.com/embed/4bzUvfnCEpA?enablejsapi=1"></iframe></figure><div class="iwantbar">Watch more in <a href="//www.iwantv.com.ph/">iWantv</a> or <a href="//tfc.tv/">TFC.tv</a></div>

<p>The Supreme Court (SC) has junked the bid of Akbayan to intervene in a 2008 case in an attempt to cite the Department of Environment and Natural Resources (DENR) in contempt of court supposedly for violating a continuing order to keep Manila Bay clean by dumping crushed dolomite there.</p>

The Supreme Court (SC) has junked the bid of Akbayan to intervene in a 2008 case in an attempt to cite the Department of Environment and Natural Resources (DENR) in contempt of court supposedly for violating a continuing order to keep Manila Bay clean by dumping crushed dolomite there.

SC denies Akbayan’s bid to intervene in Manila Bay case over dolomite beach

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SC denies Akbayan’s bid to intervene in Manila Bay case over dolomite beach

Mike Navallo,

ABS-CBN News

Published Nov 19, 2020 06:30 PM PHT

Read More:

Supreme Court

Akbayan

DENR

dolomite

Manila Bay

Etta Rosales

Dr. Raymond John Naguit

Chief Justice Diosdado Peralta

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