Existing regional & national institutional structures

Manila Bay Task Force

The Manila Bay Task Force was created based on Administrative Order No. 16 [49] to fast-track the rehabilitation and restoration of the coastal and marine ecosystem of Manila Bay. The task force is headed by DENR and supplemented by various agencies. Administrative Order No. 16 has the following goals that closely relate to the North Manila Bay Flood Protection Strategy:

“Undertake remedial measures using engineering and technological interventions to improve the water quality of the Manila Bay, such as sustained and targeted reduction in the coliform level in all major river systems and tributaries within the Manila Bay Region [49]”

“Ensure that the concerned agencies and LGUs undertake appropriate measures relative to violation of environmental laws such as, but not limited to, demolition, closure or cessation of business and/or filing of administrative action against erring persons or establishment [49]”

During the preparation of the North Manila Bay Flood Protection Strategy several discussions with the Manila Bay Coordinating Office (MBCO) have been held as part of the meeting structure with DENR. Concrete actions or ideas from utilizing the Manila Bay Task Force have not been solidified during these meetings. This strategy aligns with the Manila Bay Sustainable Development Masterplan and does not see the Manila Bay Task Force as an implementing agency for flood protection/Nature-based Solutions projects.

Integrated Coastal Management

Under the Local Government Code and also the Integrated Coastal Management Act (EO533) [50], the Philippines have decentralised the Integrated Coastal Management (ICM) to the LGUs under the guidance of DENR:

“LGUs shall update their respective ICM programmes to reflect changing social, economic and environmental conditions and emerging issues. LGUs shall furnish the DENR, within one month from adoption, with copies of their ICM programmes and all its subsequent amendments, modifications and revisions. LGUs shall mobilize and allocate necessary personnel, resources and logistics to effectively implement their respective ICM programmes. [50]”

EO533 makes the LGUs the “champion” of implementing ICM trough zoning and requesting funds for projects. During site visits and stakeholder meetings it became clear that most LGUs struggle with this task due to a lack of resources.

Amongst others the ICM responsibilities from the LGUs should result in:

“Coastal strategies and action plans that provide a long term vision and strategy for sustainable development of the coastal area, and a fixed term programme of actions for addressing priority issues and concerns [50].”

And

“Investment opportunities and sustainable financing mechanisms for environmental protection and improvement and resource conservation [50].”

The LGUs are supposed to have extensive power for specified functions, including assessment, planning, regulation, legislation, enforcement, revenue generation, and monitoring of their marine and coastal resources within their municipal water boundary. Nevertheless, decentralised approaches to managing coastal resources are more than just a general transfer of responsibilities. It is the combination of understanding ecosystem services and benefits, building trust, strengthening local government capacity, handling multiple users, interests and stakeholders, and enhancing the governance system's upward and downward accountability mechanisms among local government.

The North Manila Bay Flood Protection Strategy can act as a basis for the LGUs to request funding for projects from DENR and DPWH, among other for the budget round of 2023. To make this possible, the LGUs should be supported by DENR and other national agencies and capable technical NGOs in capacity building and adequate resources to look, request, implement and monitor projects.

Manila Bay Sustainable Development Master Plan

The Nature-based Solutions as planned in this strategy are part of the Manila Bay Sustainable Development Masterplan efforts to reduce exposure to flooding. As part of the Masterplan the current institutional setting has been analysed and it was concluded that the current mechanisms, under which the Integrated Coastal Management and the Manila Bay task force:

“Do not have the stability and sustainability required, including the agility needed to respond to immediate and urgent challenges and issues. It does not have the direct political strength to ensure compliance and coordination of efforts but will have to go through the long processes and leadership in DENR [57] ”

The Manila Bay Sustainable Development Masterplan aims to setup a the Manila Bay Development Commission which must be able to meet the critical institutional requirements of Manila Bay as set out in the Manila Bay Sustainable Development Masterplan, including relevant national and global targets and programs on sustainable development and climate change

“The Manila Bay Development Commission is the primary agency mandated to ensure integration of all plans, policies and programs of agencies and local government units involved in the development of Manila Bay and the Manila Bay Area and its inhabitants, and to align these with the Manila Bay Sustainable Development Master Plan. It is responsible for the effective and efficient coordination of all stakeholders in the implementation of plans, policies, programs, and activities, and in the provision of relevant, up-to-date, evidence-based, accessible data and information about Manila Bay and the Manila Bay Area. It has oversight power in plan and program development and in policy formulation, as well as in the monitoring and evaluation of these. [57]”

At has to be noted that regarding funding the Manila Bay Development Commission will assist agencies, LGUs and private sector in selecting appropriate funding schemes and funding sources. The commission will not be able to fund projects/schemes by itself.

The proposed organisational structure of the commission is shown in the Figure below.

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Manila Bay Sustainable Development Masterplan proposed Manila Bay Development Commission structure [47]

As for the other two regional & national institutional structures, current legal arrangements among the LGUs and the national agencies are not affected by their implementation. The proposed Manila Bay Development Commission does not affect the ultimate jurisdiction of the municipal LGUs over the project site as the Council is largely a coordinating body of the efforts of the LGUs and the agencies which impact on the ecology of the Manila Bay. This is anchored in the Integrated Coastal Management Act (EO533) [60].

The creation of the Manila Bay Development Commission is still subject to passage of enabling national statute at least some 2-3 years from end of 2021.

Concluding North Manila Bay Flood Protection Strategy, and early projects following from it, can find ample support in the Manila Bay Sustainable Development Masterplan for its proposed measures. For example, the Masterplan envisions the restoration of mangrove and tidal flat areas as part of the coastal defence and focuses on setback areas around the coastlines. Therefore the Manila Bay Development Commission, as proposed in the Manila Bay Sustainable Development Masterplan seems to be the best vehicle for implementing the wider flood protection strategy, as shown in this report. However, the Manila Bay Development Commission will (most likely) not be established within 2-3 years. Therefore this report will also propose a short term institutional setting that will be able to execute pilot and early adaptation projects.

ABB-BP

The North Manila Bay communities are aware of the challenges in confronting the problems of their coastal towns singly. Accordingly, last 24 March 2017, eight LGUs  formed the “Alyansa ng mga Baybaying Bayan sa Bulacan at Pampanga” (ABB-BP). This is an alliance to protect the coastal communities of the two provinces and establish, align and strengthen their adaptation capacities and efforts towards fluvial and coastal flooding for disaster resilience and protection of livelihood sources.

This alliance was formed through a Memorandum of Understanding among the political leaders attending that conference. Among the initiatives of this ABB-BP is the intent to create a “Great Wall of Mangroves” along the entire coastline of the two provinces. This initiative by the LGUs of the two provinces indicates that the local leaders have the notion of a cooperative effort among the affected municipalities. The ABB-BP, at this point, is a forum for the participating LGU; there is no formal cooperation arrangement among the LGUs’ operating offices. It is not clear if the current setup will be in place after the 2022 Elections.

Pampanga river basin committee

The PRBC is composed of the seven Central Luzon Provincial Governors, the two Mayors of Central Luzon’s Highly Urbanized Cities, Regional Directors of the NEDA, DA, DENR, DPWH, DILG, the respective heads of the NWRB, DENR-RBCO and NAPOCOR, and one representative each from the private sector and Non-Government Organizations within the Pampanga River Basin. Together with NEDA and DPWH they formulated the Pampanga River Basin Climate Responsive Integrated Master Plan [54]