New Expressway and NBP Land Use Plan Must Have Prior Sanggunian Approval

 

 

The Sangguniang Panglunsod (SP) passed a resolution requesting the Department of Public Works & Highways (DPWH), the Department of Justice (DOJ), the National Economic Development Authority (NEDA) and other concerned national government agencies to comply with the legal requirements of the New Local Government Code of 1991 (R.A. 7160) on "prior consultation" and "prior approval" by the city council in connection with the P123 billion Laguna Lakeshore expressway dike project and the transfer of the National Penitentiary (New Bilibid Prisons) to Laur, Nueva Ecija.

 

 

In SP Resolution No 15-179 authored by Councilor Atty. Raul Corro, which was enacted last January 26, 2015 in its regular weekly session, the council called the attention of the concerned national agencies on the local code's requirements before any program or project of the national government may be implemented in Muntinlupa City.

 

The City Council quoted sections 2 (c,) 26 and 27 of the local code which states in part that "it is likewise the policy of the state to require all national government agencies to conduct periodic consultations with appropriate local government units, non-governmental and people's organizations, and other concerned sectors of the community before any project or program is implemented within their respective jurisdiction."

 

The resolution also emphasized that "prior approval of the sanggunian" is obtained before the project is implemented.

 

The local code, according to the resolution is emphatic about it by stating that "it shall be the duty of any national agency or government-owned or controlled corporation authorizing or involved in the planning and implementation of non-renewable resources; loss of cropland, rangeland or forest cover; and extinction of animal and plant species to consult with the local government units, non-governmental organizations, and other sectors concerned and explain the goals and objectives of the project or program, its impact on the people and community in terms of environmental or ecological balance, and the measures that will be undertaken to prevent or minimize the adverse effects thereof."

 

The council lamented the fact that even without its prior approval and even without the completion of the required consultations, NEDA has already announced the approval of the two projects and the DPWH has already begun the process  of public bidding for the P123-billion expressway dike project which comes with a reclamation of 700 hectares of land from the waters of Laguna de Bay, 500 hectares of which shall be located in Muntinlupa and the remaining 200 hectares, in Taguig.

 

The council noted that DPWH has started conducting the required consultation in a meeting held last May 8, 2014, but has not completed pending the request of Muntinlupa Mayor Jaime Fresnedi and the councilors for a more detailed presentation of the proposed project.

 

 

The resolution said that when the city council called for a public hearing on July 30, 2014 to discuss further the project, DPWH failed to attend despite due notice.

 

"The people of Muntinlupa who are directly affected by the said project, in particular, the fisherfolks, the farmers' groups as well as the thousands of residents along the Laguna de Bay shoreline within the jurisdiction of Muntinlupa, have expressed serious concerns about the said project," the resolution stated, adding that "a more thorough and exhaustive consultation of the said project is necessarily imperative because of its long term effects on the environment and the sustainable development of Muntinlupa City."

 

According to the DPWH, the expressway dike project has two objectives: to decongest traffic at the South Luzon tollways and to solve the flooding problem along the shoreline. Thee city council wanted the DPWH to provide visual photos, alignments, maps and other documents to prove how the flooding problem will be solved. It also asked DPWH on their alternative livelihood plan for those directly affected by the project.

 

"Until prior consultation is complied with and prior approval of the sanggunian is obtained to the satisfaction of all parties concerned, no further action should be done in the implementation of the projects," the resolution said.

 

As far as the NBP transfer is concerned, the consultation is still under process with the first meeting held this February and the next meeting in March. The project involves the transfer of the National Penitentiary to Laur, Nueva Ecija, leaving some 366 hectares of prime land to be developed into a modern mixed commercial-residential community.

 

 

In both the expressway dike project with reclamation and the NBP transfer, the city shall also invoke its right to an "equitable share" in the development and utilization of the land, including sharing the same by way of direct benefits.

 

Under the city's plan, the land that will be given as an equitable share in the NBP reservation shall form part of the future project to build a new government center in the area, including a new city hall that is, at the same time, a tourist attraction.