QuestionsQuestions (DENR MEMORANDUM ORDER NO. 2009-02)
It is stated to be pursuant to Republic Act No. 7586 (NIPAS) and also in connection with the authority to manage the Ipo Watershed areas under Proclamation No. 391 placing the Ipo Watershed under joint management by the forestry authority (DENR Secretary) and the Administrator of the Metropolitan Waterworks and Sewerage System.
The Manila Water Company, Inc. (MWCI) and Maynilad Water Services, Inc. (MWSI) are granted clearance to assist in the management of the Ipo Watershed areas.
Its stability and productivity are fast deteriorating due to uncontrolled and massive forest degradation from illegal settlements, illegal forest products harvesting, frequent destructive fires, and conversion of forest lands for cash crops—resulting in massive sand, silt, and rock deposition into the Ipo Dam Reservoir.
Under Proclamation No. 391, placing the Ipo Watershed under joint management by the Director of Forestry (now DENR Secretary) and the Administrator of the Metropolitan Waterworks and Sewerage System.
They are jointly authorized and directed to negotiate and enter into an agreement with a private entity with proven capabilities and expertise in the rehabilitation, protection, and management of critical watershed areas.
The agreement covers implementation of rehabilitation, protection, and development programs solely for the rehabilitation, protection, and management of the Ipo Watershed, consistent with DENR rules and regulations.
Yes. It limits the programs “solely for” rehabilitation, protection, and management of the Ipo Watershed and requires consistency with DENR rules and regulations.
The memorandum order expressly states it is pursuant to RA 7586, linking the watershed management assistance to the National Integrated Protected Areas System framework.
It indicates DENR authorization/permission for MWCI and MWSI to assist in the management of the Ipo Watershed areas, subject to the guidelines stated in the order.
The implementation of rehabilitation, protection, and development programs for the Ipo Watershed must be consistent with DENR rules and regulations.
It repeals or modifies any memorandum orders and circulars inconsistent with the MO. It clarifies which prior issuances must yield to the newer guidelines.
It takes effect fifteen (15) days after publication in a newspaper of general circulation and receipt of a copy by the Office of the National Administrative Register.
It supports the enforceability and due process/administrative due publicity requirements for administrative issuances, making the order effective only upon compliance with those conditions.
It is vital for the sustainability of quality water supply because it serves as the transit point for water coming from the Angat Watershed before reaching the La Mesa Watershed Reservoir.
An agreement with a private entity with proven capabilities and expertise to rehabilitate, protect, and manage critical watershed areas.