Wednesday, November 28, 2007

Latest Agreement Between Developers and Homeowners

The dialogue among the Homeowners, the Developers and the Government Agencies facilitated by the CPDO at the Ma-a Barangay Hall on the afternoon of November 28, 2007 once again ended at a stalemate. The homeowners didn't get answers to assuage their fears of landslide threat. It was finally agreed that in the next meeting, to be set by CPDO, the Developers conduct a simple visual presentation of what they plan to do with Ma-a Shrine Hills. The homeowners can ask questions and the government offices represented can also give their expert's opinion.

EMotiOns.... REacTioNs.... !!!!

Quotable quotes at the November 28, 2007 dialogue among the following stakeholders:

a. Homeowners

b. Government Agencies
c. Developers

"There have been violations committed by both developers! There was no ECC. One went around the law by applying for access road only so that ECC will not be required. What was constructed was a six meter wide cemented road. Another developer did promotion and marketing of a high-end subdivision without the permit to construct a subdivision. Why are these not addressed before any other requirements are accepted by the CPDO?"

"You keep on repeating this. We cannot move on....."

"Before we started this venture, we asked the advice of concerned government offices. We do not want to hurt or cause any harm to anybody. The DMC UPDI is a business. It does not want to lose in this venture! Both your group and the developer have only everybody's welfare in mind! We even commissioned a geologist to make a study."

".........when it rained hard, my house in Trinidad Greenhills was flooded with mud and water. My office at St. Michael's Phase 2, which is already far, was also flooded with mud and water. My materials for my consultancy were destroyed! Those! money can't buy. If this is what happens with only the cemented road leading up the hill constructed, what greater damage can befall us when the subdivision is already in place?"

"Let the developers continue. We will show you that we will have the safest subdivision in town."

"You refer to a second study. The first study by MGB said the hill is stable until touched. So, any development activities will make it unstable. The second study, which you commissioned, said it is stable. Is it not that international standards are one and the same? This makes me angry!"

"Please let us be objective. Emotions are running high. We have already started addressing the flood problem. As you can see, construction of a drainage canal has been started..... The DPWH will not give any permit if the drainage plan is not sound. Trust us!"

"......... Why do you question the credibility of the study and of the engineers who did the studies? Are you an engineer?"

"Trust and credibility are earned, not imposed. The Developers have not been transparent with us when in fact, this was the agreement in the dialogue convened by Councilor Avila last July. How then can you ask trust from us?"

"Thank you! But what you have done there on the hill, so far, says you don't care! You hold us residents hostage of the crime you committed!"

"It breaks my heart that the government agencies are speaking in behalf of the developers. You are supposed to side with us because it is your duty to protect the general public."

"We are in the barangay hall, the seat of government so let us follow the law. Lies do not have any place here. The violations committed must be addressed and given the effect of law by the government offices concerned. "

I'm definitely in!

I live right below the hill where they're going to start developing a subdivision. neighbors have complained that every time it rains, their houses get flooded. Terrible. Such a small mountain can only hold so much. Houses? Certainly not. The ground is too unstable. That's according to scientists who analyzed the soil, ha! I'm definitely in. - Maya 5:11PM 11-28-07

Tuesday, November 27, 2007

Cherry Hills again... grim reminder

Have we forgotten the lessons from the Cherry Hills landslide of August 3, 1999? Please follow this link: Why 60 people died in the Cherry Hills housing estate

I cannot understand why something like the issue of "predisposing factors" to landslides and death of the most valuable assets of a nation which are its people, is not a life-and-death question in this supposed-to-be strong republic. As a taxpayer and stakeholder of this country's vision of a conserved and protected environment, I add my stentorian call to all levels of our government to seriously look into the issues raised by the residents of the Ma-a Subdivisions. The lessons of Cherry Hill stared us in the face in 1999. How can the offices concerned with responsible subdivision development miss the Cherry Hills lessons? - A CO Trainer's Notebook 11:01PM 11-26-07

Monday, November 26, 2007

12 ANXIOUS QUESTIONS

1.How might landslides and run-off from Ma-a - Shrine Hill, affect our homes and lives?
2.Could basic services such as electric power and water be interrupted?
3.Could rain water run-off flood parts of Spring and other Villages, damaging our homes, clogging canals and over-flooding sewers and drainage?
4.How much Liability Insurance or Bonding does DMC Urban Property Developers, Inc. carry to repay avalanche / landslide damage and loss of life? Will assets be left in the company to pay potential claims? How Much?
5.Are sandy soils with chunks of ancient corals prone to sliding and avalanche after heavy rains?
6.What if a Level Six intensity earthquake occurred during several days of heavy rain?
7.What should be done about Engineer Diana Velasco’s statement that Matina Hills sides are weak and prone to landslide? (Sun Star –November 6, 2006)
8.Should risk to life and damage to property be put upon homeowners and the public at large for the profit of the Developer?
9.Remember the Cherry Hills Subdivision tragedy in Antipolo, Rizal wherein 57 people perished and hundreds of millions of pesos worth of investments and property became water and mud because of avalanches?. Is the landslide risk to Spring Village and other subdivisions any less than Baguio, Leyte, Compostela Valley and hundreds of other hill side development landslides?
10.With possible destruction of life and property, should the people at risk be able to say “No!”?
11.Should such a for-profit risk transfer to the Public involving potential loss of life and certain damage be allowed?
12.Should the scenic beauty and natural wonder of Ma-a Shrine Hill be erased?
- Mr. Jaime Olegario, President, St. Michael Village, has made complaint against the DMC Urban Property Developers, Inc., September 13, 2007, concerning landslide and other hazard exposures from the hillside development. Damages have already occurred.

Sunday, November 25, 2007

Count Me In

I used to live near that place. I believe that it has to be stopped. I can still remember the times when heavy rains just swept all the debris from the hill right down to our place (mid 80s to early 90s). I don't know why developers/people want to erect houses on hills. Is this the new meaning of TAGA-BUKID in Davao right now? Count me in. - www.AldrinRed.net 4:26 PM 11-23-07

10-15-07 Rene Bartolo's Take on the Ma-a Shrine Hills Development


Saturday, November 24, 2007

Letter of Brgy Ma-a Federation of Homeowners Associations to Vice-Mayor Sarah Duterte

November 19, 2007

Honorable Vice Mayor Sarah Duterte, Attorney
City of Davao City
Republika Ng Pilipinas

RE: Request For Audience Concerning Risks To Human Life And Violations Of Law Presented By Subdivision Development Of Shrine Hills

Your Honor:

Respectfully, we come to you for an audience to discuss the risks to human life, destruction of property and the beauty and environment of the City of Davao arising from the development of Shrine Hills.

Those are the same risks and concerns discussed by Councilor Pilar C. Braga, PhD in her privileged speeches before the City Council of Davao on October 16, 2007 and November 8, 2007.

In addition, since our formal involvement on February 28, 2006, the lack of enforcement and penalties against violations of law by Shrine Hills subdivision developers going ahead without proper permits has also caused us to turn to the Executive Branch and your Honor for an Audience to review this situation and help in these matters.

Sincerely yours,

Teodorico T. Tinio, President
Brgy Ma-a Federation of Homeowners Associations, Inc.,
Dinaville, Barangay Ma-a, Davao City
Tel. 244-1857

Engineer Jaime T. Olegario, Chairman
Environmental Committee, Brgy Ma-a Federation of Homeowners Associations, Inc., and President, St. Michael Village Phase II Home Owners Association,
46 Pigeon Street, Brgy Ma-a, Davao City Tel. 303-3795


Note: The Office of the Vice-Mayor called for a meeting but this was scheduled on November 28 same hour as the already confirmed dialogue with the Developers at the Maa Barangay Hall. The Homeowners begged off.

Thursday, November 22, 2007

Deadly Flood and Landslide Potential Along Ma-a Road

Take a look at Shrine Hill along Ma-a Road at Don Julian. You will conclude most Davaoeños have been sleeping during many years of news headlines and televised disaster newscasts. One wonders what St. Bernard in Southern Leyte where 2000 people were killed, Cherry Hills in Antipolo Rizal where 57 people were killed, Baguio City, and Compostela Valley landslides have taught Davaoeños and Developers. Anything?

Massive vertical scars and planar cuts have appeared in the otherwise green hills high above Ma-a Road South from the Caltex station.There is a finished cement road up the hillside to the top. Who approved it? What about the Region 11 Mines and Geosciences Bureau Geohazard survey report of January 2006? [Read More....]

Aerial View of Ma-a Subdivisions Threatened by Landslide-1

Please click on the photos for a full screen view.

SOUTH VIEW

SOUTHWEST VIEW

SOUTHWEST LONGSHOT VIEW

Change of Blog Title

A very concerned resident raised the need to change this blog's title from the too general "In Defense of Our Safety" to the current specific title "Ma-a Shrine Hills Development: A Landslide Threat." Great suggestion, thank you!

Deteriorating Morning View of the Hill

I grew up seeing that hill every morning since I was a kid and now I feel disappointed every time I see those bald portions at Ma-a hill. I can clearly see the destruction of the hill... I could only think how greedy some people are ... because of money. - Anonymous Visitor 11:50PM 11-21-07

Wednesday, November 21, 2007

Leave Ma-a Hills Alone!

I commend the groups and individuals acting on this issue. Seeing the bald portions of the Ma-a hills breaks my heart and makes me really angry at the housing 'developers' destroying the mountain.

Why can't they leave the hills alone and build their luxury houses somewhere else?

Please post support actions individuals like me can make to support this cause, our common cause. I am busy with other campaigns (against greedy agribusiness plantations) but I might still be able to help in some other small way. So please post possible actions. - Lia Esquillo

Our Reach Have Improved

Our fight for peace of mind have been afforded space at Davao Blogspace starting this morning. This is a fortunate development. The Brgy Ma-a Federated Homeowners Association is forever grateful.

A Thousand Lives at Risk!

This is a serious matter and puts the lives of 1000's at risk for the profit of a few. - Anonymous Visitor 2:23PM 11-21-07

Fair Share of Right to Peace of Mind

We are calling on the Executive and Legislative institutions of Davao City to give us a fair share of our right to peace in the place we call home.

How come DMC UPD was able to pursue their activities on the hill without the authorities having a clue? Must they turn a blind eye and a deaf ear to what could happen to us existing homeowners in the area?

There are 18 of the 23 members of the Federation of Homeowners Associations in Barangay Maa who are involved in this struggle of convincing and legally forcing DMC UPD to undertake measures for the protection of our immediate and future safety. The Trinidad Greenhills Homeowners Association is taking the lead. Isn't our number enough to make the authorities take notice of the issue because there is a huge population who will be affected? - Norma Javellana

PALC

PALC is the Preliminary Approval and Locational Clearance document. This is a prerequisite to the development plan of any subdivision. The rule is there should be no earth-moving activities until and unless the PALC is approved. Isn't it that DMC UPD has violated this requirement with their road construction (80% cemented) because to my recent knowledge there is no approved PALC yet? - Norma Javellana

Tuesday, November 20, 2007

Wait-and-See Game

Our November 19 meeting with the City Planning and Development Office (CPDO) was "bland." However, Atty. Dataya, OIC, Housing and Homesite Division was a very bright spot. Professional and helpful, he said he would arrange a dialogue/meeting with all concerned parties. It’s a wait-and-see game now as far as that meeting is concerned. But, none-the-less I predict that the PALC application will be favorably endorsed to the SP Committee on Housing, I’m hoping that Councilor Cabling will also call for a hearing/consultation about it. - Michelle Cordova

Monday, November 19, 2007

Help us protect Ma-a Shrine Hills from becoming Cement Hills

We have sent Councilor Cabling details of our complaint but we are still fighting it out with concerned government agencies. We really need help to get other private citizens to be involved. Please help us inform the people of Davao City how these developers are raping our beautiful hill for their selfish interests and urge them not to allow the Shrine hills to become cement hills, with all the concrete roads and high-end houses jutting along its slopes in place of the trees and refreshing greenery. Their so called development is posing danger to us living at the foot of the hill. - Michelle Cordova

When Water Seeks Its Course....

What will happen to us?

Built Without PALC

View of the Village Rooftops

These are some of the houses at the foot of the hill directly below the area being developed by DMC Urban Property Developers Inc. This is part of the spine road undergoing construction at the side of the Trinidad Greenhills Subdivision leading up to the hill.

Letter to Councilor Cabling 10-18-07

HON. ARNULFO CABLING
Chairperson, Committee on Housing
Sangguniang Panlungsod ng Davao City

Subject: On-going development of DMC Urban Property Developers, Inc. in their property located at Maa Hills

Dear Councilor Cabling,

It is with sadness that we write to you with respect to the hearing conducted last Oct. 17, 2007. It was apparent from the discussion that the Ma-a residents affected by the subdivision project of DMC-UPDI will simply become victims of their development particularly when heavy rains pour and our lives and properties are threatened by landslide or flooding and that no sound recourse could be expected from your committee that would alleviate our fears.

With regards to the issue of flooding brought about by the spine road construction of DMC-UPDI without drainage canal, they committed to widen the drainage canal along their property but without improvement of the main line leading to Datu Loho creek, the water is still bound to overflow unto the streets and low-lying houses in the area.

They said there is a major drainage improvement that they will do, but they also have the gall to say that it will only be done simultaneous with the implementation of the phase 1 of their housing project. The phase 1 is located on the uppermost part of their property (closer to the Shrine road) and the development would entail clearing of more land area, cuts and excavations, movement of heavy equipments, slope modification and other construction activities that would lead to greater water run-off and probable instability on the slopes. They caused the flooding in Ma-a to get worst and the only solution they have has certain conditions attached to it which is only beneficial to them. ISN’T THIS BLACKMAIL? WHY NOT CONSTRUCT THEIR MAJOR DRAINAGE PLAN FIRST BEFORE PROCEEDING WITH THE DEVELOPMENT OF PHASE 1 OF THEIR SUBDIVISION?

To us, it is already a cause for indignation the deceitful move of DMC-UPDI to conceal in the beginning their true intention of developing a housing project to the Environmental Management Bureau, City Engineer’s Office and the Barangay Council so they could be issued a Certificate of Non-Coverage and they could proceed with their “access road” without a need for an environment permit when in reality, the access road is the start of their subdivision project. Now, they want us to simply endure the worsening flooding while they continue with their developments unhampered.

On the issue of soil erosion and landslides, we remain fearful of the original findings of the Mines and Geoscience Bureau and concurred by the study of QSTS regarding the identified geo-hazards along the Ma-a-Shrine Hills. For the moment, we shall evaluate and study the Engineering Geological and Geohazard Assessment Report we received from MGB.

In the hearing you mentioned twice that you are wondering why our concerns have been brought to your committee when DMC-UPDI has not even applied for a subdivision plan. From the very first letter we submitted to you, we pointed out that the ultimate goal of DMC-UPDI is for a housing project. Given that people are already being affected and we already know their plan to put up a subdivision, isn’t that enough cause for you to be involved? Are the concerns of these affluent developers more important to you than the people they have hassled?

Does “the end justify the means” hold true for this issue? Does a high end, plush subdivision catering to the moneyed few more important than the safety and protection of the many affected people of Ma-a whose everyday lives are inconvenienced by this housing project?

We thank you for the time you have invested to hear our case, and we hope you sleep soundly at night when heavy rains come and the affected people of Ma-a are on the guard against flooding and landslides.


Respectfully yours,

TRINIDAD GREENHILLS HOMEOWNERS ASSOC. INC.


(SGD) Ma. Miranda C. Cordova
Secretary

(SGD) Norma Javellana
President


CC:
Councilor Leo Avila, Chairperson, S.P Environment Committee
Director Metodio Turbella, Environment Management Bureau
Director Edilberto L. Arreza, Mines and Geosciences Bureau
Engr. Joaquin B. Cui Jr., City Engineer’s Office
Engr. Mario Luis Jacinto, City Planning & Devt. Office
Engr. Lorna Ricardo, Asst District Engineer, DPWH
Bgy. Ma-a Federation of Homeowners Association Inc.
Ma-a Punong Barangay, Capt. Jun Laud Jr.

Letter To Councilor Cabling 10-15-07

HON. ARNULFO CABLING
Chairman, Committee on Housing
Sangguniang Panlungsod ng Davao City

Dear Councilor Cabling,

We would like to furnish your office a copy of the Geotechnical Investigation with Slope Stability Analysis conducted by QSTS on the DMC-UPDI property in Ma-a (please see attached Annex A). According to the Mines and Geoscience Bureau in their letter dated Oct. 5, 2007 (refer to Annex B), there is a supplemental study that was required from DMC-UPDI and the same has been reviewed and favorable endorsed by MGB to the Environmental.Management Bureau. We have already requested for a copy of the supplemental study and the technical review from MGB, but in the meantime, we would like to bring to give emphasis on the following observations in the Geotechnical Report conducted by QSTS:

The gentle slopes and the adjacent flat terrain are predominantly covered by colluvium (loose rock & soil at the base of a cliff or steep slope), and thin layers of conglomerates (rock comprising pieces of other rocks) and are undifferentiated with calcareous or chalky limestone formation.

Comment: This explains the sandy sediments which is carried by the rain and accumulates in the road canal which causes it to overflow and flood Ma-a road and neighboring subdivisions.

Also observable are the coalescing gullies which are the drainage paths for surface run-off during heavy rains. Drainage paths where the spine road traversed are significantly overlain with debris flows of colluvium and highly weathered limestone and shale. These drainage paths showed some sign of slope instability as shown by the propagation of fissures that are characteristic of minute scarps or tension cracks.

Comment: The spine road they constructed serve as “canals” for surface run-off which contributed to flooding along Ma-a road. The cracks and fissures along the road and drainage path shows that the composition of the rock/soil is prone to erosion.

The calcareous limestone is highly permeable and to some degree fragmented.

The material composition as well as the physical and mechanical properties of the soil/rock formation on site is described as follows: the site is predominantly underlain with clastic and calcareous limestone overlain with thin differentiated topsoil composed of conglomerates and argillaceous sediments.

Comment on 3 & 4: If this is the case, heavy and continuous rain may cause the clastic and calcareous limestone to become soft and prone to erosion.

It is worth to note that the factors of safety derived from the slope stability analysis may all change through time due to several factors: a) removal of support by erosion, cuts and excavations, removal of retaining wall system, removal of support at toe; b) overloading by heavy and persistent rainfall, construction of fill at upper slopes, water leakages in culverts and pipes and sewers; c) slope modification during construction activities; d) earthquake induced cracks and fissures which may allow unnecessary seepage or secondary drainage.

Comment: Except for earthquake, all the factors that could decrease the slope stability is a natural consequence of a major subdivision project. Hence, the factor of safety is expected to change drastically once the subdivision project is in full swing. Note also that the median factor of safety is only 1.383. Considering that a value of 1.0 implies that the slope is stable, a median factor of 1.383 indicates that there is a minimum variance between stable and marginally stable slope stability.

In view of the above observations, it is easy to surmise that the development of the area into a residential subdivision has questionable safety issues not only for the residents in the immediate vicinity but also for the prospective buyers of this housing project.

More importantly, please take into serious consideration the Zone Critical to Landslide and Erosion included in the Geotechnical Report where it clearly shows that Trinidad Greenhills Subdivision is in the direct path of landslide/erosion should this happen in the property owned by DMC-UPDI. We implore you to secure the lives, homes and properties of us residents and our future generation.

CONSEQUENTLY, WE REQUEST YOUR GOOD OFFICE TO CAREFULLY EVALUATE THE FINDING OF THE GEOTECHNICAL REPORT CONDUCTED BY QSTS AND ORDER THE DMC-UPDI TO STOP THEIR PROPOSED SUBDIVION PROJECT IN MA-A.

Thank you and we appreciate your preferential attention to our concerns.


Respectfully yours,

TRINIDAD GREENHILLS HOMEOWNERS ASSOC. INC.


(SGD) Ma. Miranda C. Cordova
Secretary

(SGD) Norma Javellana
President


CC:
Director Metodio Turbella, Environment Management Bureau
Director Edilberto L. Arreza, Mines and Geosciences Bureau
Engr. Joaquin B. Cui Jr., City Engineer’s Office
Engr. Mario Luis Jacinto, City Planning & Development Office
Engr. Lorna Ricardo, Asst District Engineer, DPWH
Federation of Homeowners Association in Bgy. Maa
Bgy Chairman Jun Laud, Bgy. Ma-a

Letter to Councilor Cabling 9-28-07

Hon. Arnulfo Cabling
Chairman, Committee on Housing
Sangguniang Panlungsod ng Davao City

Subject: On-going development of DMC Urban Property Developers, Inc. in their property located at Maa Hills

Dear Councilor Cabling,

First of all, we would like to thank you for putting our concerns in your agenda last Sept. 26, 2007. We appreciate the fair treatment you have accorded to all concerned parties.

Base on our assessment of the public hearing conducted by your office, we would like to emphasize the following:

1. DMC-UPDI applied for a spine road project with the City Engineer’s Office allegedly to provide access to their property. However, as per letter dated July 30, 2007 from Engr. Leonora Gutierrez, Project Development Officer of DMC-UPDI, they acknowledged that they intend to develop the property into “the best and most conducive place of residence to their prospective buyers” (please refer to Annex A). Since their application is only for a spine road, they were not required to secure an Environmental Compliance Certificate (ECC) from the Environment Management Bureau. The extent of clearing and excavation on their property would make anyone conclude that what they are doing is not just a mere access road. (Please see photos marked as Annex B-C-D). The move by DMC-UPDI of applying for a spine road project instead of revealing their true intention of developing a housing project at the onset was an obvious attempt to escape from the tedious process of doing an Environmental Impact Study which is a prerequisite to get an ECC from EMB. Any development on a hill with steep slopes, more so a housing project, would need an ECC.

2. It is general information that DMC-UPDI is a well known property developer. Shouldn’t their application for a spine road scrutinized before they were allowed to proceed? Didn’t anyone suspect that considering the extent of mass-movement and development already being done, that there is more to this project than a simple spine road? As it is, the subdivision plan will come after they have denuded an extensive part of the hill without considering first its environmental impact on the neighboring communities and Davao City in general.

3. The first natural consequence of mass-movement in the property of DMC-UPDI was the uncontrollable flow of water during rainy days. Together with the Federation of Homeowners Association in Maa, we complained about the excessive water run-off from their property during heavy downpour. Flooding in areas which previously was not affected by heavy rains have also occurred when DMC-UPDI started their development. It was only during this time that DPWH was consulted and according to Asst District Engineer, Engr. Lorna Ricardo, the Maa drainage canal is already utilized beyond its capacity. Shouldn’t DPWH been consulted first before any bulldozer came in to uproot trees and create road for the owner at the expense of the residents who have been peacefully living in the area? It is also apparent that there was no coordination between CEO and DPWH and when they finally did, it was found out that the design of MAA drainage system is insufficient to accommodate more water brought about by the DMC-UPDI development.

4. But what concern us most is the instability of the hill we share with DMC-UPDI and the environmental implication of their continuous and intensive advancement in the area. According to the Geohazard Identification Report on the Proposed Housing Project of DMC-UPDI in Bgys Maa and Matina Shrine Hills prepared by the Mines and Geoscience Bureau dated January 2006 (see Annex E), the area exhibits high risks in terms of mass movement activities such as landslides, rockfalls and creep. The mass movement processes can be triggered by seismic activity, hydraulic action, or by excessive loading along steep slopes. How can you expect us to sleep soundly at night when, everytime it rains we are on our toes listening for rumbling sounds or any sign that would indicate a landslide? The developer has contracted the services of QSTS to conduct a detailed geologic study on their property but they refuse to share the findings with us. Is there something they are hiding from us?

We believe that unlike other newly-built residential communities in Maa, the proximity of DMC-UPDI to existing subdivision and the topography of their property is a serious basis for anxiety. Also, the timing of development came when the drainage system of Davao City, particularly Bgy. Maa requires major upgrading and enhancement in order to accommodate the growing urbanization.

In view of the foregoing, we respectfully request your good office to:

1. Suspend the on-going development and the subsequent subdivision plan of DMC-UPDI until the City Government has implemented a comprehensive drainage improvement plan with particular emphasis on Barangay Maa.

2. Restrain other developers from starting a housing project in the Maa-Matina Shrine Hills, including the Crown Communities, until the issue of drainage system has been resolved and the stability and suitability for more housing projects in the Maa-Matina Shrine Hills has been assured.

3. Create limitations in the development of spine road/access road by setting descriptions on the size/width of the road and limit the extent of mass-movement such that the land clearing and excavation is minimal and will not affect the neighboring properties (especially in the case of sloping areas where there are underlying estate/land).

Your honor, we are all familiar with the tragedy that befell the residents of Cherry Hills Subdivision in Antipolo, Rizal where 57 people were killed, and the landslide in St. Bernard in Southern Leyte where 2000 people perished. We ask for your assurance that if the housing project of DMC-UPDI pushes thru, our security and welfare as residents in the area would not be in anyway at risk by their development.

Thank you and rest assured of our cooperation in threshing out the above concerns.


Respectfully yours,

TRINIDAD GREENHILLS HOMEOWNERS ASSOC. INC.


(SGD). Ma. Miranda C. Cordova
Secretary

(SGD) Norma Javellana
President


CC:
Councilor Leo Avila, Chairperson, S.P Environment Committee
Director Metodio Turbella, Environment Management Bureau
Director Edilberto L. Arreza, Mines and Geosciences Bureau
Engr. Joaquin B. Cui Jr., City Engineer’s Office
Engr. Lorna Ricardo, Asst District Engineer, DPWH
Federation of Homeowners Association in Bgy. Maa

Sunday, November 18, 2007

Letter to Councilor Cabling 8-07-07

HON. ARNULFO CABLING
Chairman, Committee on Housing
Sangguniang Panlungsod ng Davao
Davao City

Subject: On-going housing/subdivision project of DMC Urban Property Developers, Inc. at Ma-a Hills

Dear Councilor Cabling,

Last July 30, 2007, we had a consultation meeting with Councilor Leo Avila regarding the problems encountered by the different villages/subdivisions affected by the development works of DMC Urban Property Developers Inc. (DMC-UPDI) in their Ma-a property. Among the participants were representatives from DMC-UPDI, DPWH, EMB, DENR Land Management Services and Ma-a Barangay Officials. From the discussion, we got the impression that DMCI is claiming to have bought a large portion of Trinidad Greenhills Subdivision and that part of their on-going project is an improvement on the subdivision plan of Trinidad Greenhills.

We would like to clarify that only phase 3 of the Trinidad Greenhills Subdivision was purchased by DMCI. From the attached Subdivision Plan, the area they purchased is from Road Lot 10, a portion of Block 12, and the whole Block 16-19. (Please refer to the Subdivision Plan marked as “Annex A”).

We would like to bring to your attention the alteration made by DMCI in the Subdivision Plan particularly with the closing of the access to Road Lot 10 from Road Lot 7, 8 and 9 by building a wall that separated the existing Trinidad Greenhills Subdivision from their property.

Also attached for your reference is the Drainage Lay-out Plan (marked as “Annex B”) for the “Proposed Ma-a 2 Spine Road” submitted by DMC Urban Property Devt. Inc. to the City Engineer’s Office. When compared with the Subdivision Plan, it will show the retaining wall/line canal which divided the existing Trinidad Greenhills Subdivision from the DMCI project. This is clear evidence that they closed Road 10 thereby altering the original Subdivision Plan.

Moreover, it is indicated in the “Lien” of Transfer Certificate of Title No. T-101349 (see “Annex C”) or the title for all the roads in Trinidad Greenhills Subdivision, which states:

“This lot is delineated as a Road Lot which shall bear the conditions that the same shall not be closed or disposed of in any manner or form without the prior approval of the Court”.

May we know if there is any Court order which allowed DMCI to close Road 10, thereby denying access to the homeowners of Trinidad Greenhills to utilize this road? Considering our proximity to the developments being made by DMCI, may we request for a copy of their Approved Subdivision Plan. For your information, in our discussions last year with DMCI Engineers, they informed us that they are only constructing a Spine Road to provide access to their property. They denied that they plan to develop their 30-hectare property into a residential community. We believe that it was for this reason that a “Certificate of Non-Coverage” was issued to them by DENR-EMB. However, in the recent letter of Engr. Gutierrez from DMCI (see “Annex D”), she made clear that their intention is to develop “the best and most conducive place of residence to their prospective buyers” (quote supplied). We hope they made their intentions clear to all the Government Agencies they sought approval for their works because for us, we can only surmise that they purposely gave piece-meal information to the government agencies such as CEO, CPDO, EMB, MGB and LMS to continue with their developments unhampered.

We are apprehensive with the development works of DMC-UPDI in their Ma-a property not only because of their proximity to our subdivision, but more so because of the information we gathered from different sources that the Shrine/Ma-a hills is prone to erosion which could eventually lead to landslides. We do not want to wait for any catastrophic event to happen before we raise our concerns to proper government agencies.

Consequently, may we request your good office to investigate the development of DMCI-UPDI in their 30-hectare property in Ma-a.

Thank you and we appreciate your preferential attention on this matter.




Respectfully yours,

TRINIDAD GREENHILLS HOMEOWNERS ASSOCIATION


(SGD) Ma. Miranda C. Cordova
Secretary

Noted by:

(SGD) Norma T. Javellana
President


CC:
Councilor Leo Avila, Chairman-Environment Committee
Engr. Joaquin B. Cui Jr, OIC, City Engineer’s Office
Engr. Mario Luis Jacinto, City Planning & Devt. Office
Engr. Francisco Nuena, DENR-Land Management Services
Mr. Teodorico T. Tinio President, Federation of Homeowners’ Association of MAA