A Letter to Davao City Mayor Sara Z. Duterte-Carpio
Barangay Ma-a Federation of Home Owners Associations, Inc.
S.E.C. Registration No. CN200429-121
c/o 3rd St. cor Trinidad Ave., Trinidad Greenhills Subdivision
Bugac, Ma-a, Davao City
Telefax (082) 244-0090
August 17, 2010
SARA Z. DUTERTE-CARPIO
Mayor
Davao City
Re: Comprehensive external geo-hazard study of Ma-a Shrine Hills
Dear Mayor Inday Sara,
As the Federation of Homeowners’ Associations of Ma-a, we would like to bring our concern to your attention related to the conduct of the independent external geo-hazard assessment of Ma-a Shrine Hills. The latest information we have is that the study will have to go through a bidding process even though the conduct and the parties involved (Dr. Sandra Catane, PhD.) had already been agreed upon before the last elections. In fact, then councilor Avila’s Legal Officer already made the second draft MOA, taking in consideration the Legal Office’s opinion as well as the suggestions which you yourself made. The MOA was however not forwarded to the executive office then, because electoral campaign activities got in the way. The prevailing feeling then was to wait until you would become the City Mayor.
To us it seems to be a bureaucratic step backward that the study now has to go through a bidding process. We all understand that bidding processes can serve the purpose of enhancing transparent decision making about the best use of limited resources. Experiences however also show that even bidding processes are not foolproof. They can be used to enhance the vested interests of interested parties rather than the common good. Moreover, we thought that the long process we have gone through so far is precisely a process where transparency has been high and where the wellbeing of the citizenry as a whole has been paramount. In addition, the party to be contracted and the office she represents (Geo Sciences Foundation Inc.), is precisely an agency that has as its mandate to assist Local Government Units in the conduct of their geo-hazard concerns.
As part of the process, the study by Catane will also include a presentation where all stakeholders (Davao City government, citizens and developers) will be invited, which again will add to transparency and participation.
We sincerely hope that the study will push through without much further delays.
Respectfully yours,
Norma T. Javellana
President
Comments
Dear Mr. Tabije:
I certainly agree with your well written SunStar column,”When Good Rivers Turn Bad.” May I add my thoughts with the following?
SUBDIVISION LOCATION ASSUMPTIONS MUST CHANGE
Approvals or applications for subdivision development assume a certain level and frequency of rainfall and a certain “acceptable” level of risk to those nearby. Those assumptions, in light of experience and accelerating Climate Change are no longer valid. Anything can happen and likely will.
When huge rains are no longer absorbed by trees and ground cover, they will still find their way to the sea – drowning cars, homes, roads and people. Similarly, Nacilla village in Ma-a experienced large landslides in June and is reported in great danger. Nacilla is a harbinger, a bringer of warning, of the future of Shrine Hills.
Worse, flood and earth movements are often caused by human activities which have weakened hills above or their support below. If we look at past landslide disasters anywhere in the world, we see much the same thing.
Even an apparently harmless application by a prominent developer for its proposed subdivision and nine-golf course between Quimpo Boulevard and Time Beach / Matina Aplaya Road near Queensland appears not to have fully taken into account what will happen when its outflows are added to run-offs from other older prior developments and heavy rains concurrent with high tides and rising ocean levels.
It may mimic the overflows of Ma-a Creek when heavy rains meet high tide and storm driven river levels. Certain Councilors seem quite concerned by this very issue. Don’t let loose of it!
How will the 13.6 hectare property on grass and wetlands drain rapidly enough to prevent flooding, even if surrounded by canals when the tides are high? It seems that concentrated on-rushing outflows will hit high tides, slow down, back up and spread out laterally above.
Will the proposed subdivision’s Street sewage, motor oils, trash and other contaminated outflows rush out to further dirty our beaches and pollute our Gulf waters, area outflows that are now filtered by grass and wetlands? What are the solutions that must be implemented?
Similarly, should unauthorized subdivisions or unauthorized buildings be approved after-the-fact for “Humanitarian Reasons” or should they be denied for Humanitarian Reasons? In the case of erring Developers, humanitarian reasons must be translated as financial reasons, important but hardly as important as human lives.
Should the lives, livelihoods and amenities of neighboring communities be traded for the financial reasons of erring Developers? Not in our backyard, not without a fight and, hopefully, not in yours. Turn-downs will discourage Ignorance as tool of obtaining Approvals at the expense of the greater good.
I am very glad to see the recent actions and comments by Mr. Roberto Alabado, CPDO, as well several councilors that Subdivision approvals must become much more rigorous and strict. I would also advocate the following:
1) Significant increase in car or motorcycle transport provided to Engineering and Inspection Staff at the City Engineer office and City Planning office so that the limited staff can do more and with greater energy.
2) The City should require multi-million Peso Performance Bonds from Subdivision Developers so that Developer promises can be enforced more quickly and without Lawsuit. Requiring performance bonds is available to the City through HLURB and DENR rules. Find out how existing Bonding Requirements might be adapted for City use.
3) The City, as a matter of law, Banks and Local Home Insurers should require detailed (but uncomplicated) Flood Hazard / Flood Plain and Landslide Hazard Disclosure Statements, as determined by the DENR, MGB, Environmental Management Bureau and HLURB and signed by Buyers, well in advance of actual purchase. Such signed disclosures should be part of any Cash or Time Payment arrangement Closing and paperwork.
The purchase would be rescindable (cancellable) at any time by the Buyer, even years later, for failure to disclose required facts. No more of the “As is, Where is, At Buyers Risk, Buyer Beware” disclaimers in such contracts. The Seller is in a much stronger more knowledgeable position compared to the Buyer. There is simply too much at stake for the prospective buyer, community and “downstream” disaster and other costs to the City, not to require such written disclosures, acknowledged by buyers.
Otherwise, it is the CITY itself that is guaranteeing the subdivision safety by virtue of its approval processes. Let the Seller (the one with the most to gain) be the Guarantor by virtue of Open Disclosure and Performance Bonds. The Philippine precedent for this are the Cancer and other Health Warnings required on simple packages of cigarettes. What less should be done for subdivisions that might kill whole families and cost taxpayers billions in Disaster Recovery costs?
In addition, such requirements would likely cause Developers themselves to be more self aware and needful of detailed geohazard studies before they themselves purchase property for development. It would help them stay out of the same type of corner they currently push on to buyers.
Would this discourage the real estate and Subdivision Development process? Only the bad kind. And after the details are worked out, these protections would become a matter-of-course protections and expectations of Buyers. Savings on Disaster recovery could go to upgrading schools and infrastructure, including repair of old existing drainage problems. Let’s find a way out of the hole, not dig it deeper.
Sincerely with best regards,
Stacey Baird
Ten year resident
Spring Village, Ma-a
JS BAIRD
July 22nd, 2011
JS BAIRD
July 22nd, 2011
Arnold Vandenbroek of the Environmental Watch Committee of Barangay Ma-a Federation of Homeowner Ass’ns provided a Power Point Presentation on Davao Environmental Dangers and actions needed to promote the sustainable growth of Davao as a tourist destination and economic hub while retaining and increasing it amenities and the quality of life needed to allow Davao to retain its title as “The Most Livable City” in South East Asia, actions needed to prevent Davao from becoming a Cement Jungle like Manila. Actions needed to prevent killer mass flash flooding, landslide and tragedy in Davao as in Cagayan De Oro, Iligan, Matina Pangi and other places in Mindanao as the climate changes and alternates ever more severely between drought and tropical storm rains.
http://friendsofmindanao.com/972/friends-of-mindanao-meeting-minutes-18th-january-2012.html#comment-65
Stacey Baird
February 4th, 2012
HOW TO EDUCATE, INFORM AND PROTECT SUBDIVISION LOT BUYERS AND DISCOURAGE DEVELOPERS FROM BUILDING IN UNSAFE AREAS?
Most buyers do not have the background, resources or time to locate necessary, detailed geohazard information. Even some City Councilors have said it is sometimes difficult to visualize and understand it all.
Developers are commonly in a much stronger and more knowledgeable position as to geohazards compared to the principal approval body and buyers.
Realistically, prospective buyers primarily depend upon one-sided information from developers. They buy in places like Matina Pangi, Jade Valley, and Samantha Homes in old riverbeds and flood plains, on Shrine or other hillside areas susceptible to landslide.
DENR-MGB reports, HLURB and other reports and requirements are intended for the protection of the prospective buyer and the environment and support Presidential Decrees 957 and 705 (known as the Forestry Code). Sometimes, the seriousness and consequences of locating in a particular area may be inadequately communicated to LGU approval bodies or never reach prospective buyers.
How can such an endemic, built-in information imbalance in the Developer and Buyer equation be simply and subtly rebalanced and improved? How can buyers be made better and more conveniently educated about their prospective subdivision land purchase – even those without computer knowledge?
What additional tools can be given prospective buyers that will also create self-discipline in the industry?
SUGGESTIONS
1. Require GeoHazard Disclosures in all Seller Sales Literature of flood plain and landslide risks and consequences to life and investment. Likewise, signed buyer acknowledgement of Geohazards must accompany Deeds of Sale, and Mortgage Documents. Full Disclosure by Seller is appropriate and convenient since Seller has the most to gain from the transaction and the buyer the most to lose.
2. Enforcement measures: Do not allow Notarization of Documents and Registration of Deeds without signed Geohazard Disclosure Receipts from buyers. Likewise, Home Mortgage sources and Insurers would soon learn to ask for these Geohazard Disclosure documents.
3. Subdivision real estate purchases to be buyer rescindable or cancelable for up to five years for failure of adequately disclosing hazardous conditions such as but not limited to Flood Plains and areas susceptibility to landslide.
4. Puffery or “Don’t Worry” language in Seller or Agent sales materials similar to “but it may be made safe with proper mitigating measures” must not be allowed.
Educated buyers will discourage Developers from purchasing lower cost but unsuitable land for development. This will also help make land available for Greening, buffer zones and parks lands.
Sincerely,
J. Stacey Baird
Spring Village, Ma-a, Davao City
Stacey Baird
February 4th, 2012