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Davao River Rehabilitation, Conversion and Development Chapter One I - Introduction In the most recent years, there has been a noted expansion and growth of the economic and industrial sphere of Davao City. Such has become truly a haven of so much opportunity for all. This fact has been coupled with the rise of population and that of the influx of people to the region. As a result, so much exhaustion of the local natural resources becomes inevitable. A mute proof and witness to this is the Davao River. The River has been a resource of so much wealth, exploited abused and violently choked of its life through the years until the present. From fisheries, sand and gravel, aquatic greens, water for domestic and industrial use, as well as agricultural, to a waterway for transportation, such river has, from then until now, been an indispensable part of each productive day for Davao City. The emergence of the industries however, plus the rise in the city's
populace and the advancement of the urban life in the region have contributed
to the exacerbation of the then prevailing complexity.
Moreover, due to the massive logging activities, the water of the river has become mudded. Erosion now continues to take its toll. In all these, a concerted effort to rehabilitate the river is at hand. The reclamation of the river's natural bounty has now been a concern put forward. How possible is such proposal given the prevailing socio-lego-political
conditions? This paper attempts to make such analysis, in the hope
that in one way or another, a productive and effective contribution may
be possible as emanating from the academic circle.
II - Objectives The study aims to a. Understand the factual background i.e. sociological, legal and economic, which prompted the need for the rehabilitation of the Davao River; b. Analyze the prevailing facts which may greatly affect of the feasibility of such aforementioned proposal; c. Make recommendations given the critical analysis herein made,
sufficient to aid the efficient and effective planning and actualization
of the proposal involved.
III - Methodology This study employs the method of expository research, as sufficient to present the factual background of the study on the pending proposal concerned as well as the lego-socio-political aspects relevant to such. In the later part, there here is employed the analytic method of
the study in the creation of the recommendations and the prior analysis
of the relevant facts involved.
IV - Limitations of the study This study is primarily centered on the analysis of the prevailing data relevant to the proposal. This study does not in any way aim to create the proposal itself, but only to understand such a possibility as well as the feasibility of the same. The social, scientific and legal data is hereafter limited to that which is in the territorial limits and jurisdiction of Davao City alone, most of which are based on previous studies. The recommendations and analysis herein made shall be primarily legal
and secondarily as to others
Chapter Two I - The Davao River a. Geographic Background Davao River ranks number seven among the largest river basins in the Philippines , Cagayan Valley River Basin being at the zenith on the list. This is the largest of the city's nine principal watersheds. The River is the main natural reservoir of the aquifer in the city's jurisdiction. The past surveys made reveal that the river has a total area of one hundred seventy two thousand eight hundred eleven (172,811) hectares. Seventy percent (70%) or one hundred thirteen thousand (113,000) hectares runs through timberlands. Twenty two percent (22%) or thirty eight thousand eight hundred (38,800) hectares is alienable and disposable. On August three of 1903, Proclamation Number 612 proclaimed as watershed two hundred thirty five hectares of the area. This came to be known as the Malagos watershed in the third district of the city. In the city's jurisdictional map, it comprises portions of Marilog District, Baguio District, Calinan District, Talomo District and Buhangin District. The River has a total length of 143 kilometers, stretching creeping through a good number of streams. The main source of which may be traced to as far as Bukidnon. The headwater in Bukidnon is of largely timberland or moss forest. The larger part being found in Davao City. Its width varies approximately from 60 to 90 meters. . Suawan River and Tamugan River are its main tributaries, the waters of which flow with that of the waters of the streams to which the river passes through. It flows southward, meandering along the central part of the City and empties eastward towards the Davao Gulf. This, along with its many tributaries, is the natural main drainage of the city. Seventy percent (70%) of the river's total length is characterized by the presence of sand and gravel. This has become much an opportunity for quarry operations. In some portions, especially along the banks in Tamugan area, boulders are prevalent. At the estuary portion, a delta exists and siltation is evident along the Magallanes and Bankerohan and Isla Berde reach. The siltation is largely visible usually during low tide with the condition of the river at normal level. b. Uses of the River Often seen as a source of much utility, Davao River offers much usefulness to the nearby settlers to the same, the municipalities, the city of Davao and to a significant number of industrial and commercial endeavors. The river is important for daily domestic needs as washing, cleaning, bathing, and occasionally for fishing. As an added utility, the river is also used as a medium for waste disposal being the city's natural drainage. The waste subsequently is washed to sea. Further, human settlers have used the same to dispose of their human wastes. This unhealthy practice is often committed by the inhabitants near and close to the River. Tracing the river back to its headwaters, it is a fact that the waters thereof are likewise utilized for agricultural purposes. Small-scale farmers take advantage of the availability of the water from the river to irrigate and water their crops. Likewise, it must be noted that along the districts of Buhangin, Tugbok and Calinan, Large tracts of land have been devoted to farming. Also, Animal and livestock raisers along the district of Tugbok have mde use of the river for the disposal of the refuse of their operations. On the river itself could be found small scale as well as large scale sand and gravel quarry operators. This has been a major source for contractors for their sand and gravel needs. To many, the River is an alternative, if not a major pathway for
navigation. At the Bankerohan and Bolton areas people cross the river
via small and often makeshift water transports. Fishermen make use
of the river to and from their homes and the Davao Gulf.
II - Davao River Pollution A. Main Factors a. Industrial Pollution Sitting alongside the Davao River are thirteen (13) major industries. Most of these are industries primarily agricultural, some are industrial production oriented while others are into processing. . A total of forty two (42) sand and gravel business were given permits by the City Environmental and Natural Resources Office and they are located at Marilog and Calinan Districts. These quarrying activities, in the jurisdiction of the City, are concentrated in the areas of Bankerohan, Ma-a, Tigatto, Tanugan and Mandug. A number of others are found in scattered areas on the River itself. b. Agriculture About 34.07% of the total land use of the River has been devoted to agricultural. They are located in areas that may be found upstream or portions thereof. They comprise an actual land area of 18,934 in hectares, and may be found in the areas of Buhangin Tugbok and Calinan. As observed, the modification of the surface of these areas near the River coupled with the introduction of farm chemicals, have been Considered as the major causes of erosion and the pollution of the River itself. Furthermore, the animal raisers in the area of Tugbok have been noted to use the River as a natural canal for the waste emanating from their industry. c., Population and human settlement A factor given much weight is the population density of the areas adjacent the river. There are four major Districts that the river traverses into. They are the districts of Marilog, Baguio, Talomo, and Calinan. A study conducted by the University of the Philippines reveal that a total of 59,264 people of the 225,922 of the barragays within the jurisdiction of the City occupies the area adjacent the River. The largest concentration of these is found at Barangay Bucana with an estimated 60,512 inhabitants, 15,125 of which is within the effective area affecting the River. This is followed by the following barangays (in their proper order according to population density) Ma-a, 19-B, Marilog, Tanugan, Malamba, Waan, 40D, Lacson, and Lamanan. In the aforesaid study, it is noteworthy that a majority of the settlers near the River do not have proper plumbing installations. This is evident from the fact that upon actual inspection, solid human waste are afloat together with other refuses of different and varying sources. B. Present Status of Depletion Erosion The University of the Philippines, in its recent study on the actual physical condition of the Davao River, while emphasizing on the discharge flow and sediment load of the water therein noted a dangerous rate of depletion of the topsoil on the watershed area of the River. At an estimated rate of 0.15 mm per month or 1.8 mm of topsoil annually, still the estimate was deemed conservative, as to describe the “manifest tremendous degradation of the watershed in some of its area.” River Contamination The River has been subject to contamination by five suspected sources. According to the UP study, these are the following; Crown Fruits Corporation, Callawa Development Corporation, Lapanday Development Corporation, Pacific Fruits Processor Incorporated and Superstar Coconut Products. These have been suspected to emit untreated waste to the River. Also, the refuse thrown in the areas of Bolton, SIR, Isla Berde
and Magallanes plus the waste disposed by Ma-a slaughterhouse has added
to the solid contaminants.
Chapter Three Davao River Conservation and Rehabilitation The challenge to bring back the river to its forma glory is a challenge at hand. This mounting concern has prompted the local executive and legislative departments to make their move. On February 22, 1999, the City Mayor's office released Resolution 105, series of 1999. This mandated the creation of the Davao River Conservation Coordinating Committee. In response to this, Resolution no. 29 was executed to formalize the creation of the said Committee. For its main goal, the Committee was delegated with the very significant task of framing the recommendations for the appropriate city legislation by drafting the policy guidelines that would ensure the protection and restoration of the River. This historical enactment will later be referred to as the Davao River Conservation Code. Such legislation would then be made as a manifestation of the city's effort to rehabilitate and protect the same. At the moment, studies are being conducted, while referrals and conferences are being made to eventually concretize such project. Studies however were conducted by the prestigious University of the Philippines. The UP conducted and analyzed the conditions and circumstances of the River, in the hope that eventually, there will be a feasible and practical system for the endeavor. The restoration efforts of the City Government are under much speculation. Much of what the UP recommended as based on the study, are herein considered and analyzed together with the other recommendation emanating from the discussions of the Committee from their minutes. A. In General a. Objectives As the nomenclature of the project suggests, the efforts to be made has the following objectives in the following phases a.1 The Conservation of the River The conservation efforts will primarily promote the river’s preservation and necessitate its protection. This may involve the utilization of practical as well as scientifically accepted means to allow the free flow of the water and prevent erosion. The relevant legislation for such purpose shall be made. Existing legislation relative thereto shall be fully implemented to protect the river from the unnecessary and unwarranted exploitation of its resources and of its adjacent resources which in one way or the other, are directly or indirectly affected. The progressive yet conservative and prudently controlled exploitation of the resources therein would be eventually mandated. a.2 The development of the River The bio-diversity that the River contains require that it be developed into one capable of steadily and consistently supporting its natural inhabitants. The depletion of the River has caused such to be in the danger of greater imbalance as each day passes. This development would allow the steady balance of the ecosystems therein. This would include the setting of "use" areas for a limited and controlled utilization and exploitation. Hence, there shall be a conversationalist approach of river usage not a non-practicable banning of the multi-utilization of the resources. The River being the very landmark of the City, will be put to the center of attention as the same will be developed into a natural tourist attraction. Eventually, the properties adjacent to the River will be devoted or encouraged to be developed for tourism purposes. a.3 The rehabilitation of the River At the outset, the proposed measure aims to restore the river or at least approximate the same to what it has been prior to its pollution. The city’s restoration efforts will bring the river back to life as it was years ago. b. It is Inter-provincial. The project will require an inter-provincial concerted effort. This is apparent from the fact that the River extends way beyond the jurisdiction and effective control of the city of Davao. A close coordination of the municipalities and provinces outside of the city, where the River sneaks into, would be called for to facilitate the effectivity of the actions to be taken. To this, each would have to pour out its share in the financial, legislative, technical and other contributions to the project. Davao City will not by itself, shoulder the monetary requirements of the effort. It shall only spend for that part of the river that enters within its territorial delimitation. Neither shall the city make the necessary legislation alone. The adjoining towns and municipalities must also be participants to this. Proper enactment must be made in their areas of effective control. Technically speaking, a single study and proposal is required to facilitate coordination. However, the manual task as well as the campaigns involved must be done and carried out individually by the adjoining towns and municipalities. In the dissipated efforts is seen a unification of the individual
agenda of each province and municipality involved in a single goal.
B - Particular plans of action The following are seen as the possible measures to carry out the project. a. Inter- barangay participation In consideration of the project as inter-provincial, the individual barangays will thus be playing indispensable roles. The barangays within the path of the River shall be unified for the purpose of localizing the efforts of the local government to assure a closer and more detailed attention to the objectives and means employed. Each shall create committees that shall be composed of people who may volunteer, as well as those who work for the barangays, under the coordination of the barangay captains. The barangay captains will, for their part, coordinate closely with each other via a committee composed of those in their ranks, to integrate their response to the actions as the City may so mandate. The same will also be a venue for direct consultation with the local government. b. The public ownership of the adjoining lands, prohibition of further conversion of lands for agricultural purposes. The retention of the public lands of its status shall be made. The titling or transfer of such to private ownership shall be disallowed. This will assure the fullest control of the City of the surrounding lands as to the activities made in them as well as that of their use and exploitation. Hence, their protection shall be assured. As to the lands privately owned, the owners thereof will be encouraged to take part in the recommended ways so as to protect their interests. As to those yet public, the University of the Philippines recommended the prohibition of the further conversion of the lands for agriculture. It appears that such conversion greatly requires the alteration of the terrain as well as the habitat of the property to the detriment of the river. In view of this, the restriction of the further agriculturalization of the properties may be necessary. It should be reemphasized that the a total of 70% of the total area that is traversed by the waters of the river are yet timberlands in classification and that 22% of the same are alienable and disposable, and under the control of the local government units. c. Forest protection and re-forestation As a major problem, erosion must be prevented or at least minimized. This can only be made possible with the maintenance of the natural green covering of the adjoining areas as well as the preservation of the age-old trees therein. The protection therefore of the forest covering through which the majority of Davao River flows through shall be given primary concern. A close coordination with the Department of Environment and Natural Resources will thus be required as to the close monitoring of the regulation in order to prevent the undue cutting of trees in such specified areas. The same must be coupled with re-forestation measure. Areas that have already been denuded shall be restored by planting tree thereon. Trees suitable for the respective areas concerned shall be planted. This involves the planting of trees in the public lands, as well as those in the public easements adjoining privately owned lands. Private land owners are projected to cooperate to the extent of allowing part of their properties to be planted with trees inasmuch as they would be the eventual benefactors as their lands will be shielded from the perils of the elements that may eventually result to erosion and siltation. The planting of fruit trees that are not suitable for lumber is also recommended. Such would in effect, discourage the cutting of trees and encourage their maintenance and preservation as alternatively profit earning, river preserving and habitat protecting. d. Relocation of the nearby settlers, and the strict implementation of the public right of easement adjoining the River Settlers illegally occupying the public easements will be moved away or relocated from the same. It should be noted that upon ocular inspection, houses could be easily seen encroaching on the very river itself. A problem of human sanitation hence has become a very real concern. The said relocation will actually be made to work both ways.
One for the protection of the River from human rubbish and refuse and the
other for the protection of the settlers themselves from the imminent danger
that the River poses relative, to their safety or security.
e. Installation of catch basins and other structures To hold back the water, the installation of catch basins is the most immediate and effective means that may be employed. Areas that are documented to be losing square meters of lands during every heavy rains or strong flow of the River's waters should be given utmost priority with respect to the installation of these catch basins. f. Placing the River under the NIPAS Act, or / and other environmental laws and other relevant legislation. The River shall eventually be placed under the National Integrated Protected Areas System (NIPAS) Act of 1992. To this end, the same shall be recognized as an outstandingly remarkable area, as part of an ecosystem for significant and unique species of animals in the wild. The strict implementation of other existing laws in the protection of the natural habitat will also be made. The observance of the public easement i.e. twenty (20) meters away from the River per Davao City Zoning Ordinance DC-O 363 series of 1996, and that of its restrictions as to the creation of dumping areas within a distance of a hundred meters (100 m) from any body of water is required. This would be intensified by a strict implementation of the Water Code as to the prohibition of the building of dams and bridges and other structures which may impede the effective flow of the River. These as well as other laws, must be sincerely and strictly imposed to assure the optimum legal protection of the river. g. Davao River as a tourist attraction To promote the preservation of the River, the same shall be directly or at least indirectly developed for tourism. The same may be promoted for eco-tourism. Parts of the River that are still undisturbed are still fit for such an alternative. Likewise, restaurants and hotels overlooking the River may be endorsed by the City to legitimate investors. The privately owned lands adjacent the River may be fit for this. River festivals may be made to enhance the public awareness on the river's natural benefit and beauty. C - Current developments As part of the City's Comprehensive Development plan, the said project is seen to be necessarily initiated, fully implemented and completed within the span of twenty five years. The same has been actually initiated primarily through research, information dissemination and consultation. With constant comprehensive consultation with the many significant and relevant governmental offices, as well as of private key individuals, steps are already made for the completion of the planning for its full implementation. The pendency of the full legislation of the Davao River Conservation Code has become a challenge to test the sincerity of those of the many actively advocating for the protection of the River. With the existing legislation however, the project herein studied can still be legally practicable. At present, the City has allotted one million two hundred fifty
thousand (P1,250,000.00) for the initial steps of the project. This
forms part of the Annual Development Fund (ADF) of the City. Although
claimed to be insufficient for such a mammoth-like endeavor, the prime
movers of the same have made it a point to make the most out of the finances
available.
Chapter Four Analysis As always, the complexities of the modern society, immersed in so much regulations and control have added to the degree of difficulty in the accomplishment of any goal sought. This is a fact that has to be met head on if we are to succeed in the efforts and dreams that we are to realize for our beloved River. All such endeavors must place into consideration the various legalities and social complexities and others as of such nature to which Davao City in the new age is into. To this, it may be necessary to consider the following: 1. The Water Code The Water Code provides for the allowable use and appropriation of water and places, the control thereof to a centralized council, i.e. National Water Resource Council. The Code becomes very applicable for the protection of the River inasmuch as it provides for restrictions as to the many possible manners of exploitation of the resource and the surrounding environment within its premises. This may be seen on the easements particularly set as specific limits for specific areas. These are different for every differing specific areas, depending most likely on the tendency of pollution and the nature of the use of the lands affected thereby. Further, restrictions for the installation of particular structures adjacent the River are either regulated or prohibited. These apply ,to disallow the inhibited flow of the River and the increased possibility of water contamination by reason of the purposes for which the structures are built. The permission as to the introduction, of undesirable pollutants into the River brought about by industrial, agricultural and domestic activities is centralized with the National Water Resource Commission. This allows for the effective control and monitoring of these activities so as to enable their restrictions whenever required and the taking thereafter of the necessary and effective remedies and/or action to counter such abuses. The imposition of appropriate fines and of the penalty of imprisonment for any violation of the of the Code serves as a deterrent for any individual or entity who may be most likely motivated to cause any of such breach. These repel the would be violator from doing any harmful and detrimental actions. Practically, the Code is good law in itself. The reason why there are so violations of the law yet unnoticed or if noticed are ignored still is the lack of the appropriate full and strict implementation of the measure. Structures that are compliant to the law are built very near the River itself. Practically, they have violated the same and are still doing so in the present-progressive sense. The National Water Resource Council is deemed to have been created as a machinery to facilitate the proper use of the nation’s waterways. Unfortunately, such council is unpopular as to actual and concrete actions. 2. Water and Water Rights The salient features of the Water Code are as follows: a. Establish the basic principles and framework relating to the appropriation, control and conservation of water. b. Define the extent of the rights and obligations of water users and owners, including the protection and regulation of such rights. c. Identify the administrative agencies which will enforce the law. Under this law, the National Water Resource Council has been given broader powers to fulfill its statutory tasks to wit; d. Regulatory powers e. Executory powers f. Determine, adjudicate and grant water rights for which purpose it may issue the necessary rules and regulations. Actually, the Code, as it sets the delimitation and restrictions as well as the provisions for the propriety of the manner water resources must be used. The Code in itself becomes virtually a shield that we can use to preserve and maintain the rank of our water in the City as the second cleanest in the world. A careful reading of the Code itself reveals a comprehensive treatment of the subject. The real problem arises with respect to its implementation. The massive violations of the Water Code of the Philippines renders the Council incapable if not entirely helpless. The centralization of the control and supervision as to the enforcement against violations of the Water Code has been effected as to make it impossible for the Council to perform by itself. Such powers cannot be left to one agency alone given the vastness of the water resources of the country. 3. The NIPAS Act The National Integrated Protected Areas System Act of 1992 is one step of the State for the preservation of our natural resources. This comprehensive system also taps the regional, provincial, municipal and even the barangay to partake in the conservation of what is left of our country’s natural resources. Decentralization is an effective way of bringing the aim of the government within the reach of the Filipino community who plays the most important role for the success of this program. The law aims for the promotion of ecological life towards sustainable development. The NIPAS encompasses outstanding, remarkable areas and biologically important public lands that are habitats of rare and endangered species of plants and animals, biographic zones and related ecosystems, whether terrestrial, wetland or marine designated as “protected areas.” It has the following categories: a) Strict Nature Reserve
The River Conservation falls under the last category enumerated under the law and it makes the NIPAS relevant to our study. Rivers convey the excess land waters of the land areas that they drain to large bodies of water or directly to the oceans. Collectively, they represent the world’s water resources, as they carry virtually all the water that is available for human management and use. Thus, this law was created to determine the usefulness or uselessness of its system for the preservation of protected areas such as the Davao River which is the subject of our study. Industries use vast quantities of water but they also use rivers as the dumping site of their waste materials. Likewise, people discharge their municipal wastes in the rivers nearest them especially in those communities near the river banks. In today’s world, there are so many cities and so many people and industries and many rivers are badly polluted. Thus, destroying their value. Section 20 of the NIPAS enumerated some prohibited acts in the protected areas. These are also applicable for the preservation of the Davao River. It includes the following: a) Dumping of any waste products detrimental to the protected area, or to plants and animals or inhabitants therein; b) Use of any motorized equipment without a permit from the Management Board; c) Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultural communities (of scenic value); d) Damaging and leaving roads and trails in a damaged condition; e) Squatting, mineral locating, or otherwise occupying any land; f) Constructing and maintaining any kind of structure or fence or enclosures, conducting any business enterprise without a permit; g) Leaving in exposed or unsanitary conditions refuse or debris, or depositing in ground or in bodies of water; and; h) Altering, removing, destroying or defacing boundary marks or signs. The inherent impracticality of totally restricting the use of the River for such utilizations that may be possible would be apparent. Primarily, this is because of the lack of sufficient governmental machinery to actually implement such total restriction. This insufficiency is magnified by the very fact that the River itself has a total length that makes the difficulty inherent. Likewise, the possibility of totally restricting the use of the resource would deprive legitimate and minimal users of the River for their very livelihood. This makes such measure an anti-social legislation contrary to practicality and industrial development. The regulation and prohibition of some activities within the River area as may be subjected to the NIPAS becomes advisable. 4. The Davao City Zoning Ordinance In relation to the Proposal, the City Zoning Ordinance, i.e. City Ordinance no 363, Series of 1996, may come as most useful and relevant. Among its provisions s provided for the requirement of an easement of twenty meters from the River and all other rivers in the urban area and the specific penalties for their violations. Practically speaking, this has been subject to rampant violations. Ocular inspection plainly reveals the transgressions in flgrante delicto by many individuals and establishments. In effect, although the flow of the River is not seriously affected, the same is however made to be prone to contamination. Wastes emanating from the adjacent settlements and businesses easily find their way to the River by reason of their close proximity. The continued tolerance of the local government to the matter and the inadvertence and lack of care by those near and on the River itself is undeniable. This may be due to the lack of political on the part of those who are tasked to enforce the law and the fact that the penalties for the violation of the same are considerably minimal. The same fact holds true to the agricultural areas within the City's legal jurisdiction. There is widespread violation in these areas of the forty meter easement for forestal and agricultural lands from the waterways. 5. The 1987 Constitution Found in the Fundamental Law itself is the blueprint and basis for the preservation of the River. I.e. Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. To this, we find the very core of the efforts herein advocated. Such right includes all such entitlement to the bounty of the diversities of our ecosystem. Here we find a pillar that allows our efforts to stand. Our right to a protected and restored River is a fundamental right. We can trace the same back to the landmark case of Oposa v. Factoran. Our right to such protection, as the case recites, is not merely a Constitutional right. It even emanates from an earlier law. The natural law. Our right therefore to such is a natural right. The state's duty therefore is of a primal nature. 6. Other Considerations Quarry Operations Much clamor has been made as to the many environmentally disgusting practices. However, neglected is the fact that right under the very noses of those who advocate the protection of the River. What is referred to herein as quarry operations are being conducted by licensed as well as non licensed individuals and entities on the banks of the River itself. Pending the issuance of licenses of the subsisting grantees, are still a great number of applicants. The same speaks of the "legal rape" of the River. Public land ownership A great percentage of the areas traversed by the River remains public. Worthy of mention is, the large , though unmonitored part of the areas adjacent to the banks of the waterway which has remained public since time immemorial. These are those of the public easements. Apparently, the control of the larger part of these areas remains with the state itself. What is more problematic is the conversion of the already
private lands for agricultural purposes. This in itself can only
result to the further destabilization of the natural geography of
the River.
Chapter Five Recommendations In view of the foregoing considerations, the following suggestions and recommendations may be considered and given attention: Useful Utilization and the Necessary Campaigns The inherent impossibility of totally disallowing any manner of utilization of the resources of the River must be considered and given weight. Nothing tangible and practical comes from such a proposal, the River being prone to uncontrollable utilization. An all out effort therefore is suggested to permit a regulated and controlled usage and exploitation of the River. Such would not result in the abruptly and harshly to deprivation of its dependents of their source of livelihood. What must be advocated and adopted must be the responsible usage, via regulation and proper education as to its users. This advocacy, which may be initiated and funded by the local government, may include the following; a. The coordination with the various NGOs and barangays for the education of the town folks of the areas where the River slices into, as to the proper and non-ecologically harmful methods of productive yet responsible utilization of the resources of the waters therein as well as of the other resources possibly available from the same. b. The massive dissemination, via tri-media, of the objectives of the proposed actions as well as of the possible modes of action that may be taken by the public at large to enable it to participate actively on efforts relevant to the success of the endeavor such as the productive and ecologically friendly methods of River resources utilization. This may be done through regular public forums. c. Likewise, this matter may also be taken to the commercial and industrial businesses making use of the River. The Creation a Responsible Local Agency The efforts to protect the River cannot be sufficient if let alone to an agency that a very broad jurisdiction as to include other concerns or to an agency that merely has advisory powers. Full attention must be afforded and given to the concern at hand. This can only be made possible through the creation of a full time localized agency vested with all the powers to allow the same to speedily act on the violation, and commissioned to directly control the resource at hand. To suggest, let this agency be created and given full powers. Let this agency exercise the following powers; a. To supervise, control and monitor the implementation of the project. b. To be given the power to approve and renew the issuance of the necessary permits for any business particularly affecting the River . c. To administer and enforce any ordinance for the protection of the River as the City may have or may create d. To follow through any implementation of the appropriate penalties for the violation of the mandates of the appropriate environmental laws, in reference to the efforts of the project i.e. conservation, development and rehabilitation. e. To coordinate with the appropriate governmental entities having jurisdiction over the various areas or municipalities traversed by the River, in the furtherance of the unification of their objectives and actions in relation to the project herein referred to. f. To advocate cooperation from the different sectors and agencies and offices, private or otherwise of the City for an all out campaign and support in reference to the objectives of the proposal. g. To make an actual annual report as to the status of the process of the project which will be submitted to the City Council. Likewise, the yearly report of the cost and expenses incurred therein. It will include any budgetary request for the furtherance of the project. Popular Assistance and participation Taking the matter to the public will allow the effective and all out support for efforts and objectives of the proponents of the scheme. The local government cannot by itself even with its agencies, assure success. In the end, the local populace has to be in the picture of things. Perhaps, localized and massive consultations and forums on the matter
may be taken to the various sectors of the society down to the barangay
level to ensure full cooperation of the populace itself.
Inter-provincial As suggested and as necessary and practical, the efforts must be inter-municipality and inter-provincial. A contrary approach would necessarily result to failure and total waste of resource and money. Practically, this is based more on common sense. Since Davao City is the last of the areas through which the River traverses, it merely inherits all the ill effects and problems which may come as a result of the inadvertence of the many municipalities preceding it in river lineage. Hence, the consolidation of the efforts must be made. This participation will require the proportionate share of each province as to the mission, i.e. financially, technically, and the like. On the Aspect of Legislation Full enforcement and implementation
Hence, it is highly recommended that these laws be given full implementation and effect. Localization This is where the inter-barangay participation comes in. The members of each barangay help in the careful monitoring of the activities of water users and submit reports if violations to the appropriate agency (or to the herein recommended body) and recommend the manner of revocation of existing grants and permits and the corresponding penalties and criminal sanctions. In other words, the Local Government Units can help in the implementation of the Water Code. Practically, mere reliance on a centralized national agency does
not fully work.
Restrictions. The inherent impossibility of totally restricting any form of
activity as regards to the resources of the River cannot be gain said.
As recommended, these must only be strictly regulated. There
are of course some activities that cannot be tolerated anymore.
The dumping of wastes, the abusive quarrying activities on
the River, the tolerance manifested in of allowing settlers on the easements
and similar ruinous matters must be altogether banned.
Strict implementation of easements The public easements must be given due respect. Prone to violations, these, public areas cannot be subject to tolerance as to these violations. All structures within the area must be removed. There is no longer any need for expropriating the same tracts as they are primarily of public ownership. The settlers must be merely relocated. As an exercise of police power, they may be transferred to a more distant are from the River. This is beneficial both for public safety as well as for environmental protection. As it appears that the flooding of areas near the riverbank has become worse by the moment, the settlers may be made to vacate by themselves or if not by themselves, by some amount of reasonable force, to a safer place. The safety of these people can be primarily assured by their transfer or relocation. In effect, the River becomes less congested as to the areas adjacent to the same i.e. in the urban area. This results to a possibility of decline as to the disposal of refuse on the waters of the river. Stoppage of quarry activities On the same grounds as in the case of Oposa vs. Factoran, the issuance of permits to quarry on the bank of the River can be effectively made. The loss of the protective surface covering of the River has evidently resulted to the erosion of the soil. Of paramount concern therefore is the stoppage of these ruinous yet legalized activities. Perhaps more ruinous as it is under the color of such legalities. Strict penalties. Strict implementation To deter any violation, penalties for violations of the corresponding relevant law must be prosecuted and pursued to its culmination. The reason why the legal measures and the corresponding penalties for their violation hardly elicit fear among would be violators is that none has been effectively penalized to set as an example. If there are some who are be penalized, the fact of the minimal
fines and the light penalty for the laws infringement disproportionate
and cannot effectively cause such deterrence . Stricter penalties
must be imposed, in addition to those existing, via local ordinances
that can supplant and make specific the national laws relevant on the matter.
Conclusion The efforts of those in the advocacy for the protection of our Davao River are highly commendable. Although faced with great battles, these environment advocates are bent on pursuing their cause seriously and steadfastly. In this they stand a chance. They have much favor on their side. Surely, they will gain favorable public opinion as theirs is a concern shared with the majority of those who truly love our City and those who care much for the environment. What can be done maybe done with ease if they can consider the various help that may be afforded to them. Practically, they have, by their objectives, much to gain if they pursue and a lot to lose in case they retreat. As their shield and arms, they have the law on their side. The various legislation can work for them. That is, if these are seriously implemented and if possible, suited to fit the needs of the situation and the time. This can be possible by sheer "no let up" advocacy.
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Edgar B. Pascua II
Judee Uy
Grace Salesa
Rogeliza Verallo
Rucel Cayetano
Hannah Examen
Dave Vergara
Thea Malcampo
Charles Concon