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An opportunity for sober discussion

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A reclamation initiative is now ongoing at our beloved Boulevard, and recent events have resurfaced debates about it.

In a letter dated 18 March 2019, the Philippine Reclamation Authority ordered the City to cease and desist from undertaking further works absent clearance/approval from the office.

It is also a fact that this project started way before 18 June 2019, the date of issuance by the Department of Environment & Natural Resources of an Environmental Compliance Certificate.

There are two major issues to resolve in this case: 1) Did Dumaguete City comply with the requirements of law to pursue this reclamation project?; 2) Does this project pose serious environmental threats?

On the second issue, I strongly encourage our Mayor to use this as an opportunity to open a sincere dialogue, and invite experts who can discuss the science behind reclamation projects.

It is encouraging that no less than the president of Silliman, Dr. Betty Cernol-McCann, has expressed that the University will participate in public consultations about this project, and noted that National Scientist Dr. Angel C. Alcala earlier voiced his concerns about coastal projects in the City based on scientific data on coastal accretion and erosion.

I also disagree with some sectors who assert that this project must continue because barangay captains strongly support it, and the Mayor overwhelmingly won in the last elections.

If the environmental threats are serious, and if laws were violated, a popular project must nevertheless be halted. We can’t wave the Majority Rules banner all the time.

On the first issue, allow me to break down the law:

1. It is correct that Dumaguete has the power to reclaim foreshore and submerged lands. This is provided in Republic Act 1899 (1957) and Republic Act 5797 (1969).

2. The Philippine Reclamation Authority asserts that it has approval powers over this project, and because Dumaguete did not get such approval, PRA has authority to order the cessation of all further reclamation works.

A news report quoted the Mayor asserting that PRA is merely a “coordinating agency” which has “no authority to stop the existing project” (Philippine News Agency, June 28).

Right now, I am leaning in favor of PRA’s authority. Under existing laws, it has the power to approve all reclamation projects, including projects initiated by the local government unit.

The laws giving LGUs the power to initiate reclamation projects did not remove PRA’s approval powers.

Neither did it remove the need to comply with requirements of the DENR, such as the environmental clearance.

In simpler terms, the City can initiate reclamation projects but the PRA must approve them.

Should the City waste its time questioning the authority of the PRA? I don’t think it should.

The Cease and Desist Order is temporary, and the PRA is only requiring the City to submit eight documents, most of which were presumably submitted to the DENR already when Dumaguete applied for an Area Clearance and an ECC based on the latest rules.

If the City is confident this project poses no serious threats to the establishments and communities nearby, then it has nothing to worry about, and all the unnecessary name-calling hurled primarily against well-meaning environmentalists should stop, too.

Dumaguete is a university town. It should thrive with the spirit of sober dialogue. We have what it takes to rise above the political noise, and ask important questions. We can debate on the law until our mouths bleed but we should not forget that the more important goal of governance is to ensure that we do not irreversibly harm the people. We have scientists here who can help the City — let’s listen to them.

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Author’s email: [email protected]

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