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

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