Free access to clean, potable drinking water is an indispensable, basic human right, recognized by the United Nations and other international organizations. The geographical location of the country offers an abundance of sources of water. Sadly, most, if not all, of our bodies of water are polluted and are unsuitable for human consumption.
In early 2010, the PGMA administration entered into an P18.7-billion deal with Baggerwerken Decloedt En Zoon (BDZ), for the Laguna Lake Rehabilitation Project. This project aimed to dredge Laguna de Bay, including the Napindan Channel, which is the only outlet to Manila bay via the Pasig River, and deepen it up to 2.5 meters. It also intended to create additional navigational channels, build 12 ferry stations, and rehabilitate the wetlands around the lake. This was regarded a “presidential priority” after Ondoy severely flooded the area and affected families living near the lake. The project also envisioned restoring the lake as a possible source of potable water.
For some reason, this project was canceled and abandoned by the PNoy administration on the mere suspicion that everything entered into by its predecessor was tainted with corruption. The previous administration breached the contract without justifiable cause, despite being twice declared as legal and binding by two DoJ secretaries: Arroyo-appointed Alberto Agra and Aquino-appointed Leila de Lima.
As a consequence of the government’s cancellation, the BDZ brought the dispute before the International Center for the Settlement of Investment Disputes (ICSID) for binding arbitration. The ICSID ordered the government to pay P800 million to BDC. The consequences of the tribunal award against the government go beyond legal expenses. Our country’s reputation as a reliable investment partner was tarnished. We must maintain a fair, and stable legal framework, to encourage and protect investments in our country, regardless of the present dispensation.
While our country was in a long, drawn out, embarrassing legal mess that could have been avoided, the pollution levels of Laguna Lake continued to increase. Half a million of the surrounding population is reportedly dumping domestic waste and sewage in the Lake. Heavy metals and toxic pollutants make the water unsafe. The rate of sedimentation makes the waters very shallow. Laguna Lake is a dying body of water, and the government has to accept a measure of accountability for this.
What are we to do now? The Duterte administration expressed its concern for the Laguna Lake rehabilitation during the first Sona. The President also promised that contracts that are entered into validly will be honored. With this, I recommend revisiting the project and renegotiating with the BDZ. In light of contribution of this project to the safety and welfare of the communities and the environment, it will be a crime of negligence and omission on our part if we were to allow the opportunity to rehabilitate Laguna Lake to pass.