City Council warned against approving Hillyland Board

CEBU, Philippines - The Department of Environment and Natural Resources (DENR-7) warned the City Council last week against approving the ordinance creating the Cebu City Hillyland Management Board (CCHMB) because of its provisions that contravene an existing national policy which is an enough ground for its automatic nullification should it be approved.

The CCHMB is pushed to promote development of the 31 upland barangays of the city, through implementation of programs for the protection and preservation of the environment and creation of sustainable livelihood opportunities for the inhabitants.

But the proposed body, according Dioscoro Melana of DENR-7, is a duplication of the functions already properly vested by the law on the Protected Areas Management Board (PAMB).

PAMB was created pursuant to the National Integrated Protected Area Systems Act (NIPAS) and the Central Cebu Protected Landscape (CCPL) Act of 2007.

“Records show that 22 out of 31 Cebu City barangays of 71 percent of the areas to be covered by the proposed CCHMB were found to be within the proclaimed CCPL. PAMB shall have the sole jurisdiction power and authority over the CCPL for all matters that may affect biodiversity conservation, watershed protection and sustainable development,” the DENR-7’s position paper reads.

“While the LGU is allowed to enact laws to promote the general welfare of its constituents, such general welfare ordinance cannot regulate activities already covered by the PAMB. The CCMHB may be created however on areas outside the CCPL,” it added.

The areas outside the CCPL are barangays Pulang-bato, Budlaan, Pit-os, Busay, Malubog, San Jose, Binaliw, Bacayan and Kalunasan.

The areas in Cebu City covered by the CCPL include barangays Lusaran, Adlawon, Cambinucot, Agsungot, Mabini, Paril, Tagbao, Guba, Sirao, Sapang Daku, Babag, Pung-ol Sibugay, Taptap, Sinsin, Toong, Buhisan, Pamutan, Buot-Taup, Sudlon I and II, Bonbon and Tabunan.

“It is basic that the exercise of legislative power by the LGU should comply with procedural and substantive requirements. One of the substantive pre-requisite is that it must pass the test of constitutionality and the test of consistency with the prevailing laws,” DENR-7 further explained.

Councilor Gerardo Carillo argued that the city is only trying to do its part in protecting the welfare of its constituents.

He explained the environment bureau is not doing much in as far as any kind of development is concerned in the mountain barangays especially those covered by the CCPL.

Carillo said the DENR does not even have enough people guarding the CCPL. It was learned that only one forest ranger in the person of Ariel Rica is currently assigned to oversee activities at the CCPL.

Councilor Nestor Archival, the proponent of the ordinance, during the public hearing last Wednesday said that revisions will be made to the ordinance in such a way that it will not go against the national policy and that there will be no overlapping of functions.

The idea for the CCHMB started during a consultative meeting on the hillyland barangays where some government agencies raised concerns on rapid population growth, less livelihood opportunities, peace and order, illegal squatting, illegal logging, illegal quarrying and unequal distribution of services, among others in the mountain barangays. (FREEMAN NEWS)