Speech to the 16th Council of Davao City
Speech to the 16th Council of Davao City
11 January 2011 Regular Session
In aid of legislation
We are the representatives of the Bgy Ma-a Federation of Ma-a Home Owners Associations.
We appreciate that we are given the opportunity to say something to you, the council.
We know that your time is limited so we want to be very focused.
Our major concern as a federation is the holistic development of Ma-a, and particularly the Davao Shrine Hills, for the present residents as well as for our children and future generations.
As you all know, subdivision development all over Shrine Hills is now a major concern for many people.
Why?
Several subdivisions and communities on the lower end of Shrine Hills slopes have in the past, and continue in the present, to experience problems that are linked to the fact that Shrine Hills slopes are inherently unstable. Erosion and water run-off, cracks and sinkholes, holes in perimeter fences, collapsing walls, are some of the very common occurrences in recent years. More importantly there have been several landslides and earth movements directly affecting residences.
To make a long story short, studies from government and even from developers, covering bits and pieces of Ma-a Shrine Hills, all, without exception, agree that Shrine hill slopes are unstable. DENR says that the slopes of Shrine Hills are environmentally sensitive and that all development therein must be strictly regulated. One of the studies even suggests that given time, slopes will change. They will change from being marginally stable, to actively unstable because of cuts and excavations, because of construction of fill at upper slopes, because of slope modification during construction. Mitigating measures will be never fool proof.
The most recent confirmation of this is now in 2011 the finding by MGB of a vertical and horizontal displacement in Las Terrazas. MGB’s senior science research specialist Beverly Brebante, calls there for measures to be taken to “prevent disaster from happening”. Imagine, this is right in an upscale high end subdivision. Las Terrazas is on one end of Shrine Hills, but even on the other end, where Royal Pines (Phase 2) is situated, even there it is obvious that the roads are cracking.
In other words, it is happening all over Shrine hills. And whatever happens in one site along Shrine Hills, concerns all of us in the federation.
Given the many developers who want to exploit Shrine Hills, the previous council, the 15th council, decided on the conduct of a comprehensive independent geo-hazard study of the entire Shrine Hills area. A decision we fully support and applaud.
Instead of having piecemeal and project site surveys of developers who are bent on putting up subdivision whatever the soil and slope condition, the 15th council wanted the study to look into the overall situation. The council wanted to come up with findings and recommendations for land use which then can be taken up, discussed and decided upon in the context of the new rezoning. Against that background it was also clear and evident that no plans of developers whether for PALC or DPs would be considered until the comprehensive survey is completed and its findings and recommendations acted upon.
So now, here comes the PALC of Royal Pines. Against the background of what I just said it is clear that this should not be acted upon. Not to spite Royal Pines or any other developers, but because it is the prudent thing to do. Make the comprehensive study happen first. Don’t put the cart before the horse. If you agree on a comprehensive study, don’t take actions that may (seem to) undercut or pre-empt the study. Don’t create expectations, don’t create situations where you will be pressured later on, because once a PALC is approved the DP practically automatically follows. That has been the experience, time and again, in the past. Let’s not repeat the past. Let’s put the overall welfare first before accommodating particular interests. There is money for the city in subdivision projects but let’s put that aside for the moment. Let’s uphold the precautionary principle for the general welfare, especially in matters concerning environmentally sensitive areas such as Shrine Hills.
We would like to propose that the concrete action which you, the 16th council could take, instead, is to speed up the implementation of the independent geo-hazard study.
There are other reasons why we should be cautious in approving any PALC and DP and in looking very carefully at the important role of Shrine Hills in the city.
The law setting the minimum design standards for subdivisions states: “Subdivision projects shall be located within suitable sites for housing and outside hazard prone areas. Critical areas, such as areas subject to flooding, landslides and those with unstable soil must be avoided.” Do the Shrine Hills by and large fit these minimum standards? In a broader context, are subdivisions the only potential use we see for the slopes of Shrine Hills? Ecologically speaking Shrine Hills is the “green lungs” of our rapidly urbanizing Davao City, and can fulfill an important role as recreational area and in sucking up pollution.
For the LGU to consider other options than subdivision development is also the right thing to do under the general welfare provision of the Local Government Code. It states that every LGU shall exercise the powers, both expressly granted and implied, which are essential to the promotion of the general welfare. For a fast urbanizing city, Davao needs to preserve whatever green areas there are in the midst of the city. If New York has its Central Park, we could have our protected Shrine Hills.
In one of its position papers the MGB argues that “property rights of landowners are guaranteed by the constitution” and therefore MGB seems to suggest local government is powerless to limit what landowners do. We all agree that rights indeed are there, but they are not absolute. What companies do with their vast tracks of land must be guided by the general welfare.
So this is our challenge to you the 16th council:
* Act on speeding up the comprehensive study rather than on hurrying approval of PALC because they have complied with all the requirements.
* Comprehensively discuss its findings and recommendations involving the citizenry.
* Come to decision on Shrine Hills that will benefit the broad citizenry.
* Make policies, laws to amend, improve the check list for PALC and DP requirements putting the general welfare above profit and considering climate change realities.
Norma t. Javellana
President of the Federation
Comments
Just an explanatory note. “RDCC” means the Regional Disaster Coordinating Council
Stacey Baird
January 21st, 2011
may i know the status of your appeal on the city govt? and may i know if the developers are still doing the land development inspite of all this oppositions and studies?
jasper
February 2nd, 2011
The speech to the 16th Council of Davao City contains the background information that people need to understand the issue. It also clearly indicates the pro-people stance (instead of simply the special interests of the few) that the City Council must take through the “challenges” posed!
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!
Jeanette Birondo-Goddard
February 27th, 2011
President Benigo Aquino III
“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.
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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?
Stacey Baird
December 6th, 2011
Thursday, February 9, 2012
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
Stacey Baird
February 13th, 2012