Complaint for Rehearing
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
May 13, 2009
Hon. Sarah Z. Duterte
Vice Mayor
Davao City
RE: Complaint for Rehearing of Preliminary Approvals of Locational Clearances of Camella Homes – Positano Project and DMC-UPDI — Palm Grove West, Shrine Hill, Ma-a, DC
Dear Vice Mayor,
The much publicized City Council allegations regarding subdivision development approval processes taint the above Locational Clearance approvals. We are not alone in doubting it. Eight Councilors also voted against approval. Certain other councilors who told us they would vote against approval, at the last minute abstained or voted for approval of the Locational Clearances. We do not question the right of any councilor to change his or her mind in light of new facts. But we wonder: what new facts were introduced that made them change their mind?
This development affirms our long standing complaint against the approval of the above PALCs without a comprehensive and independent study of the whole hill area eyed for subdivision development. Allow us to remind you of the following facts:
1) The landslides into Juario Village below Jack’s Ridge on Shrine Hill cast doubt on geo-hazard risk evaluations by Developers’ experts. On April 17, 2009, a dry day, a cliff face gave way above three homes, killing a family’s hog. It could as easily have been a child or the whole family. In 2008 a child was killed in Juario when earth movement collapsed a village chapel wall, crushing her.
2) In Nacilla Village there has been a series of earth movements–slumps in 2000, 2006 and 2008 which have destroyed two homes and put others in doubt.
It is obvious that the hills are unstable! The Environmental Compliance Certificate (ECC), issued by the Environmental Management Bureau and the long term sustainability of mitigating measures suggested by Developers are in grave doubt. General hill movements over time and issue of future attention to maintenance over time are critical considerations.
Hillside soils and structure are all the same. Water management, hidden subsurface drainage, cracks voids and sink holes are the issues. How big can a sink hole become? Ask ABS-CBN. Their studios had to be shored up at high cost and there are crevices on the much discussed top flat areas. Are the studies done so far “Good Enough” where constituents’ lives and property are at stake?
Earlier DENR and MGB geo hazard evaluations identified the flanks of Shrine Hill as highly unstable, critical areas. Evacuations of Nacilla village was advised in 2000 by Maria Luisa Jacinto of the MGB. Edilberto Arreza, MGB 11 chief, said in a November 11, 2008 in a Sun Star news story that Shrine Hills is an environmentally critical area.
Why did the City Council ignore those facts? Why would Mario Luis Jacinto, Mining Engineer, Chief of City Planning and Development apparently disregard prior MGB analysis in favor of Developer analysis? Outdated 1953 topographical maps, old drainage plans and the 1996 Land Use and Zoning studies were used in developer analysis and City Council decision making in this matter. New independent geo hazard, hydrological and land use studies are thus fully justified for subdivisions of this size, location and scope where people’s lives and livelihoods are at stake. Climate change is a reality to be addressed as well in relation to the subdivision issue on Ma-a Shrine Hills.
In fact, engineer Maria Luisa Jacinto recommended a complete detailed study of all of Shrine Hills as far back as the year 2000 as a result of the Nacilla landslide. She is also the one who discovered the fault line under the now abandoned Sports Dome.
MGB Director Arreza, in the May 4, 2009 consultation with him, agreed to a comprehensive and independent study of the whole Ma-a Shrine Hill area to determine its stability and carrying capacity for high end development projects. He said MGB could share its personnel to join the independent team of experts if the city government would push through with the comprehensive study.
Therefore, the Barangay Ma-a Federation of Homeowner Associations, Inc. files this Complaint for Rehearing / Reconsideration of the Locational Clearances of Camella Homes – Positano Project and DMC-UPDI Palm Grove West Ma-a, Davao City. Such proposed locational clearances must be based on new and independent sustainable development geo hazard and hydrological studies and without the taint of Council corruption.
Respectfully,
The Federation Officers
Norma T. Javellana, President of the Federation and Trinidad Greenhills Subdv.
Amigleo, Marianito Q., President Tinio, Teodoro, President
Lot 20, New Washington Vlg. Dinaville
Baird, J. Stacey, Designated Rep. Tischer, Lothar, President
35 Vermillion Street, Spring Village 24 Orchid St., Luzviminda Vlg.
Olegario, Jaime, President Tagaan, Rosario M, President
46 Pigeon St, St. Michael, Phase II Del Pilar Vlg. N.H.A
Suelto, Ernesto, Vice Pres./ Rep. Animo, Rizalyn, President
Midland Village Metroville
Cc: SP Sub Com on Housing ( Militar, Braga, Zozobrado); CPDO Eng. Jacinto; CEO Eng. Gestuvio;
SP Env’t Chair Leo Avila, MGB Rgn XI Director E. Arreza , PB Loreto Laud