Letter to the Editor — San Fernando's water problem

This refers to the Municipality of San Fernando's very poor water services particularly at Barangay San Isidro, a matter of public concern.

Rule V, Article 25 of the Rules and Regulations Implementing the Local Government Code of 1991 provides, "Responsibility for Delivery of Basic Services and Facilities. - The LGUs shall, in addition to their existing functions and responsibilities, provide basic services and facilities devolved to them covering, but not limited to, the following: x x x Construction and maintenance of infrastructure facilities funded by the municipality to serve the needs of the residents including, but not limited to: x x x Artesian wells, spring development, rainwater collectors, and water supply systems;"

If my memory serves me right, the water problem in our locality exists for almost a decade already. The three consecutive terms of some local officials are almost finished but the water problem remains unsolved. What the residents got from its local officials were empty promises. It appears that our local officials are helpless in addressing the water problem. Seeking assistance from other sectors is therefore in order.

May I put forward the following:

Legal Basis

Under existing laws, the private sector is obliged to assist in the development of communities. For instance, Section 134 (a) of the Revised Implementing Rules and Regulations (IRR) of RA 7942 otherwise known as the "Philippine Mining Act of 1995" provides, "The Contractor/Permit Holder/Lessee shall assist in the development of the host and neighboring communities and mine camp to promote the general welfare of the inhabitants living therein." Section 135 of the same IRR further provides, "Credited Activities. The following activities or expenditures shall be considered in enhancing the development of the host and neighboring communities: a. Establishment/construction, development and maintenance of Infrastructure (i. e., community school, hospitals, churches, recreational facilities, access roads, bridges, piers, wharves, communication, waterworks, electric power and sewerage systems, community housing projects, and training facilities for manpower development);"

Mineral Agreement Contractor in San Fernando

Taiheiyo Cement Phils., Inc. (TCPI) (formerly Grand Cement) and/or Solid Earth Development Corporation (SEDC) were contracted by the Philippine Government to explore, develop and utilize mineral resources in the Municipality of San Fernando. Its operations therefore are within the coverage of the above-cited IRR.

To sustain its operations, these two companies extract water from within the jurisdiction of San Fernando.

Proposal

1. It is proposed for Mr. Toshio Komatsu, TCPI President, to consider sharing the company's water sources with the neighboring communities particularly Barangay San Isidro, where water shortage is horrible, via the pipeline close to the cemetery. The cost can be charged against the 90% of the 1% of the direct mining and milling costs allotted to implement the Social Development and Management Program. Such activity would be the best community relation effort TCPI/SEDC could give back to the municipality where it operates.

2. It is also proposed for Mayor Antonio Canoy to touch base with TCPI/SEDC and discuss the implementation of the proposed water-sharing project the soonest time possible.

3. It is further proposed for the Sangguniang Bayan of San Fernando to support the project by way of passing appropriate legislative measure.

4. It is finally proposed for Mr. Roger de Dios, Mines and Geosciences Bureau VII OIC Regional Director and Chairman, Mine Rehabilitation Fund Committee, to consider and push this water-sharing project as a credited activity to enhance the development of neighboring communities.

Neil L. Papas
San Isidro, San Fernando
6018 Cebu