Law Summary
Problem of Illegal Encroachments along Pasig River and Its Tributaries
- Illegal private structures, including squatter shanties along waterways, have obstructed esteros, creeks, and rivers.
- These obstructions have led to clogged waterways, causing frequent flooding in Metro Manila.
Existing Conflicting Easement Provisions and Their Impact
- Various national and local laws provide different easement distances around waterways:
- Philippine Water Code: Urban areas- 3 meters; Agricultural- 20 meters.
- MMC Ordinance No. 81-01: 10 meters.
- Department of Public Works and Highways (DPWH): 3 to 6.5 meters.
- These conflicting provisions have hindered effective flood control and sewerage management.
Need for a Uniform Easement Standard
- To resolve confusion and inefficiency caused by overlapping easement rules.
- To facilitate coordinated flood control, urban renewal, and environmental management efforts.
Adoption of a Uniform Easement Provision along Pasig River System
- The MMDA Council resolved to adopt a uniform easement provision pursuant to Section 6 of RA 7924.
- Key features of the provision:
- Minimum setback of 10 meters from existing shorelines, banks, or streams.
- Minimum setback of 3 meters from existing esteros and canals.
- Establishment of a linear park or service road within these easements.
- The uniform easement is anchored on MMC Ordinance No. 81-01 and Section 51 of the Philippine Water Code.
Preservation of Local Government Units' (LGUs) Prerogative
- LGUs retain the authority to impose more stringent easement requirements if deemed necessary.
Effectivity of the Resolution
- The resolution takes effect immediately upon its approval on February 29, 1996.
Signatories and Council Members
- The resolution was approved and signed by the MMDA Chairman and key members including various Metro Manila City Mayors and MMDA officials.