Reclamation project surpises PB Balili dev’t illegal?

CEBU, Philippines - Cebu Vice Governor Agnes Magpale and Provincial Board Member Arleigh Sitoy were surprised upon seeing the ongoing “reclamation project” of the provincial government at the controversial Balili lot in Tina-an, Naga City.

“We are surprised. Wala gyud mi nakahibalo ani nga naa na diay ni nga project, nga ongoing diay ni. We want to know who is the proponent of this project as well as the funding,” said Magpale.

Magpale, Sitoy and members of cause-oriented groups visited the area yesterday.

“Maingon nato nga makaduda ang gihimo sa pagtabon sa dagat kay mura man ug gitabunan ang ebidensiya,” Sitoy said of the unspecified portion of the lot that was reclaimed.

Magpale said they have been calling for a meeting with the Capitol department heads since last month to know the status of the property but no one appeared.

“We want to know what is this project for. Para unsa man ni? Kutob lang ni sa tabon?,” asked Sitoy.

Magpale said that the provincial government has still to recover P37.8 million of the P98 million it paid for the property from the Balili estate.

“Unsaon na man ni pagkuha sa province sa P37 million nga gi-reclaimed na man ni?” Magpale added.

Section 5 of the Department of Environment and Natural Resources Administrative Order No. 2009-07 provides that no reclamation project should be undertaken unless there is an “area clearance” from DENR.

An area clearance is a document issued by the DENR secretary providing permit to an applicant to undertake reclamation project over an applied area.

Bonifacio Rivera of DENR-7’s land management service said that before a reclamation project can start, an area clearance must first be secured from DENR together with other prerequisite documents.

“Ambot kaha og naa bay clearance ang nagpa-reclaimed ani nga property? Everybody in the Provincial Board is very interested to know about this,” Magpale added.

On July 19, charges were filed against Governor Gwendolyn Garcia before the Sandigbayan over the alleged irregular purchase of 24.7-hectare Balili property worth P98.9 million.

In 2009, Garcia apologized after a survey showed that 9.4 hectares of the 24.7 hectare lot that the provincial government bought were submerged in seawater and cannot be titled.

Governor’s response

At the Capitol, Garcia questioned the motives of Magpale and Sitoy in visiting the Balili property.

“I cannot imagine how pathetic they have become,” said Garcia in a press conference yesterday afternoon.

Garcia said that the two officials and the rest of those who went to Balili property did not request for her permission to enter the area.

Garcia said she would have agreed if the two officials have asked for her permission.

But she said that all the rest were obviously trespassers.

“They were encouraging trespassers in the province owned property. Have they forgotten that they are provincial officials beforehand and not just politicians? They have an obligation to protect the property of the province,” she said.

“On a lighter note, gusto man gyud sila ug rally, kinsa man ilang gi rallyhan didto? Mga goats? The fishes?”

Garcia said that Magpale cannot question the Balili property since the vice governor was one of those who approved the purchase of the lot.

Garcia showed the resolution from the PB approving the Balili lot purchase.

Cebu 3rd district Rep. Pablo John Garcia said the property does not need a permit for reclamation because it is not a reclaimed area to begin with since it is under a title.

Governor Garcia also showed the Environmental Compliance Certificate for the property as a prerequisite for the proposed landfill facility.

“There was never any intention for to hide it. Mao gani ni apply ta ug ECC for the landfill, diba?” The Garcia’s again wanted to clarify that the land is not submerged.

Rally at the site

Jose Aaron Pedrosa, secretary-general of the Freedom from Debt Coalition, led a rally at the site against the ongoing project.

“We have been fighting for this and we are glad that the Provincial Board is taking actions on this,” Pedrosa added.

Capitol lawyers went to the Balili property during the rally held by militant groups.

But when Provincial Administrator Eduardo Habin, Provincial Legal Officer Marino Martinquilla and Capitol consultant Jose Maria Gastardo arrived, the protesters had already left.

Based on the logbook of the security guard, Sitoy arrived at the area at 12:35 p.m. followed by Magpale at 1:04 p.m.

Mediamen also arrived in the area followed by militant groups on board four minibuses who then held a rally upon the permission of Magpale and Sitoy.

At around 1:50 p.m., Magpale and Sitoy left the area while the protesters left at 2:05 p.m.

Site engineer Josviminda Singson explained that they did not prevent the group from entering the property because Magpale and Sitoy allowed them.

“Kining atong property dili ni lugar para ralihanan. They can always go to the Fuente Osmeña, Plaza Independencia or some other public places,” Martinquilla said.

Martinquilla said that although the Balili lot is a government property, not anybody can just enter unless authorized by the governor or the provincial administrator.

“They have no business doing anything inside our property,” he said.

Habin also shared Martinquilla’s position, saying that the governor should know the purpose of anybody going inside.

“Province-owned lot gyud ni, way magbout diri except the province,” Habin said.

Martinquilla, in his report to the governor, said the guards did not want to let the buses enter the area.

But since the two provincial officials led the crowd, the guards were left with no choice, he said.

Martinquilla explained that what was being filled with land is the fish pond not the submerged portion of the property. — /LPM (FREEMAN)