IN LIGHT of the 6.9 magnitude earthquake disaster in Dumaguete and Cebu, as well as the flash flooding in Cagayan de Oro, Iligan and our own loss of 30 fellow townspeople in Matina Pangi, perhaps it would be helpful in directing environmental efforts to view two of the most critical geohazard areas in Davao City.

Many are not aware that the DENR-MGB has designated areas of Davao proper as moderate to highly landslide prone. For example, it published a geohazard map of Shrine Hills in the central city proper. I have taken the liberty of adding my own title and subdivision names along Shrines southern and eastern sides.

Please imagine, if you will, the effect on Shrine Hills area residents if a 6.9 magnitude temblor were to strike nearby, possibly on the reported fault line running along the western side of the hills along Diversion Road and above Orange Grove, Matina Pangi and other areas. The fault line has been pointed to in Department of Environment and Natural Resources and the Mines and Geosciences Bureau reports.

On the west side of Shrine Hill, much of the water that went to the Matina Pangi River would have come from run-off from built up subdivisions. It passed quickly to the next subdivision or to a stream down the line and into the Matina Pangi River. See MGB 2012 – Geohazard Mapping of Talomo and Matina Pangi Watersheds.

It seems especially critical not to further cement Shrine Hill which will increase flash flooding run off, nor to increase the hillside resident population at risk nor to add risk to residents below by building subdivisions above.

We, the People, and the City Council, will be judged not only for what we do but also for what we fail to do.

Stacey Baird
Environmental Watch Committee
Barangay Ma-a Federation of Homeowner Associations
Spring Village, Ma-a
Davao City

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

“Allow me to speak to you today about justice. At the bottom line of all our administration’s efforts is the desire to guarantee equability: to ensure that the rights of one apply to the rights of all, that the opportunities given to one are the opportunities given to all, and that the consequences of one’s actions apply to the actions of all”

-An excerpt from Pnoy’s speech today, Tuesday at the 2nd Asia-Pacific Community Based Rehabilitation Congress Hotel Sofitel, Manila.

******

I think the President might mean there must be no Special People who receive special treatment or who are above the law.

It seems that a majority in our City Council not agree with the President and seemingly not with the laws regarding Subdivision Development and other business projects.

It appears that if a builder is a Davao resident and has stayed in the community during the difficult days of the 1980′s when NPA and other political action terror squads killed many in the community, with local city vigilante hit squads returning the compliment, the law does not apply to them.

The laws designed to organize the Development Plan of 1996 or to “Pre-test” the safety and advisability of placing a business structure, resort or subdivision do not apply to these “Special People.”

The new Motto of Davao is no longer Wow Davao. It has become, “Build it and they will approve.”

Loyalty, “utang na loob,” is a great thing but it can never be above the law and the welfare of the people.

Are we a government of Law or of “Special People?” The President and the Constitution seem to say one thing and the City Council another. Which ought we to follow?

The country is going in the right direction. City Administrator, Zuleika Lopez, has also contributed to reducing Moral Hazards in Davao by closing down MNY Burbe Aggregates for excavating and quarrying just north of Ma-a without the necessary documents under Section 103 Chapter XIX of the Republic Act 7942, known as the Philippine Mining Act.

Perhaps this brave woman will file cases against Camella Homes and DMCI – Palm Grove West, D’leonor and others for excavating without CENRO or Development Permits. If ever there were examples of their being one law for the rich and another for the average citizen, those are examples. The law must be the same for all or there is a Moral Hazard.

Readers may recall that a Property Developer in Ma-a built a 1,700 meter long, six meter wide, cement Subdivision road down the steep eighteen percent or greater slopes on the sides of Shrine Hill during 2005 – 2008, contrary to the Forestry Decree.

The road cut is more than 20 meter wide in many places on the steep sides of Shrine Hill. Millions of tons of soil were moved, streams re-routed and the area subjected to heavy vibration, run-off and destabilization.

The road went through areas highly susceptible to landslide, according to a DENR-MGB map. Not only were there violations of law, but residents below were put at high risk of landslide and flash flooding. Flash flooding then in fact occurred and damaged large areas Ma-a below the subdivision.

In addition, the extra volume of fast flowing water from the unauthorized site enters already over burdened Ma-a Creek and increases flooding overflows into Datu Lo Ho village and others. No drainage line direct to the Davao River was ever built to bleed off some of that extra flowage.

In November 2008, the 15th City Council approved the Preliminary Locational clearances for Camella and DMC subdivisions with nary a word about violations of the law and damage to property with eight brave councilors voting against it, many of them women. There seems to have been much comment lately about it being the women that have the “guts” to do the right thing. I salute them, also.

The completion of a new Resort here without any city approvals is of recent vintage and many in Davao just shook there heads and said “Again!”

Some have said the City Council is no longer useful and much money would be saved if everything were be officially put in the hands of Developers and other businesses.

Were any in subdivisions Matina Pangi approved like that? I have no personal knowledge.

So, you can imagine how meaningful I found the Mindanao Times definition of a Moral Hazard to be. It said,

“IN ECONOMY, moral hazard occurs when a party or group of individuals make a judgement about how much risk to take but do not suffer the ultimate consequences of the actions. That privilege, unfortunately goes to another party. . . . It is about the actions of the few, regardless of whether their reasons are justified or not, and how they are putting the public welfare at risk.”

That’s why I laud the Mindanao Times Editorial and the actions of City Administrator Zuleika in shutting down the MNY Burbe Aggregates operation. She has integrity and the guts to do her job.

My Opinion is respectfully offered as thanks for the Mindanao Times Editorial and in hopes It will offer us more.

Concerned Resident

I’m attaching here a link of my column Davao’s Peak at Mindanao Gold Star Daily. I also have a Cebuano version at SunStar SuperBalita in almost the same dates. I hope I can be of helped. Thanks and good luck to us.

EC Roldan

http://www.goldstardailynews.com/commentary/5482-save-the-davao-shrine-hills.html

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

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

If we can continue to interact and advise the City Council of problems and then recognize and applaud their efforts, I am sure there will continue to be improvements.

Councilors and even the City Engineers Office and City Planning cannot be everywhere at once. It is up to us, the residents of areas at risk to bring our messages clearly to their attention. It is for our own good and it can clearly make a difference.

Stacey Baird
Ma-a

June 8, 2011

Councilor Rachel Zozobrado
Housing Committee
Sangguniang Panlungsod
Davao City 8000

Councilor Pilar Braga, Phd
District 1 Representative
Sangguniang Panlungsod
Davao City 8000

RE: KISAN LU PALMETTO PLACE AGGREVATED FLOODING in Ma-a, Davao City.
Kisan Lu has not completed the drainage line to the Davao River after more than two years.

Dear Councilors:

I believe the conditional approval of the Kisan Lu Development Permit for Palmetto Place required timely construction of a drainage line to the Davao River to minimize flooding in lower Ma-a. That has not happened. After two years, the drainage culvert has never been completed yet subdivision development continues and, as anticipated, has greatly aggravated flooding problems.

Large parts of Datu Loho Village, Gem Village, Sangilangan and other area homes and businesses were flooded and damaged by the recent heavy rain, to a chest deep level in places. Spring Village, where I live, was threatened. Completion of the five foot diameter culvert would have created a major flood reduction improvement.

The drainage line path is on a public right of way. Kisan Lu must must comply and do whatever is necessary to cure the problem they have severely aggravated. It’s been two years. It appears simply not to have been their first priority.

In my opinion, it is time that penalties for failure to implement be immediately imposed, if necessary. Further that the City Engineers Office or any other agencies involved be requested to inspect and demand or urge compliance to move this critical anti-flood project ahead on an emergency basis.

This is one major flooding problem that can be helped with just 50 – 70 meters more work and at no cost to the City.

Very truly yours,

J. Stacey Baird

CF: City Engineer Jose Gestuveo
Jun R. Laud, Barangay Chairperson
Norma Javellana, Chairperson, Brgy Ma-a Federation of Homeowners Association, Inc.

Keep “non-residents” of Maa but very concerned people like me updated, please. The entire Federation should be commended for its environmental and community advocacy!

I have family members and close friends living in Maa, so I am personally concerned about this issue. Their welfare is my concern. I do worry as to what could happen to them in case a disaster would strike.

As the new City administration headed by Mayor Sarah Duterte begins a new phase in the history of Davao City, we can only wish that they will address this issue in Maa and do something to protect its citizens. We affirm the councilors who have shown an interest in dealing with this issue and challenge the others to share the same concern.

We are indebted to media for monitoring this issue and to continue providing it the attention it requires. For in the end, if any disaster ever occurs, all of Davao City will suffer its consequences.

Why wait for a disaster to take place. Prevent the occurrence of such a crisis by taking the side of those who care for the welfare of the majority of the citizens of Davao City rather than a few whose only interests is to further their wealth at the expense of the majority and of the environment.

More power to media!

Karl M. Gaspar CSsR

Greeks bearing gifts? (no offense to the Greeks of the Trojan War) Recently, a representative of one of the Developers of Shrine Hill has several times offered its 1,700 meter Shrine Hill concrete road and drainage system through the hillside in Ma-a from top to bottom as a gift to the City of Davao for its public use (and maintenance).

The inside of this Trojan Horse is the transfer of risk exposure for landslides and maintenance costs to the Taxpayers of Davao City

Likewise, the transfer would reduce or eliminate Developer exposure to hillside remediation costs. Those are ordered costs that might be assessed to the Developers to return Shrine Hill to its natural state, if the Development Permit is refused. A requirement in many countries, its purpose is to discourage illegal construction and keep costs and hazards to life and environment off the backs of local taxpayers.

The Department of Environment and Natural Resources (DENR) will sometimes order the posting of Completion or Compliance Bonds to assure payment of costs for reforestation of mining and timber harvesting sites. So, such a concept appears both legal and enforceable and might be extended in the case of a forested hillside subdivision or one that would interfere with existing drainage patterns, creeks and rivers.

Certainly the potential exposure of Developers to such requirements and costs provides the City with additional bargaining power.