Christmas Greetings from MariaLinda

It is that time of the year when faith is most tested. With the approval of the PALC, the Federation must have more faith in their conviction that their basic interest - the human right to live peacefully and healthily- be protected.

May the Christmas essence anoint the PALC approving councilors so they may see reason and feel a deep sense of responsibility and accountability to the very people who they took oath to protect with legislative seals.

Best Christmas to DMC-UPDI, Crown Communities and the Brgy Ma-a Federation of Home-owner Associations !

City Council voted YES on PALC Approval

As expected by most of us who have watched and participated in the fight for disapproval of the PALC, the Davao City Council voted YES for the PALC at 11-8-2 for DMCI and 12-8-1 for Crown Communities.

These Councilors will be judged by history as having turned their back on Davao City, particularly Ma-a and immediate neighboring barangays, on the matter of Shrine Hills Development. They certainly do deserve a red mark on their report cards from us.

Now that these Councilors, by voting YES, have given their assurance that DMC-UPDI and Crown Communities will do responsible housing development at Shrine Hills, then on their shoulders should also lay the burden of seeing to it that these developers do practice it. Davao City and the world will watch how they will fare. They cannot hide behind legislative walls and procedures.

Still, the struggle is not yet over for the Federation and other concerned citizens and organizations. There are other avenues available to make DMC-UPDI and Crown Communities practice responsible housing development. If the Federation stops its vigilance, these developers will shelve the mitigating plans they have boasted to work on. Without doubt, eyes and ears will remain focused on these Developers and these YES Councilors for the coming months.

How the Councilors voted for DMC-UPDI application for PALC:

How they voted for the Crown Communities PALC application:

VM Sara said there is no solution to the Shrine Hills Drainage

Grace L. Plata wrote on Sunstar November 19, 2008 that "DAVAO City Vice Mayor Sara Duterte said it is difficult to find solutions and eventually approve the Preliminary Approval and Location Clearance (PALC) application of Shrine Hills developers with the drainage pathway emerging as the main contentious point."

Stacey Baird, one of the more active residents of Maa on the Shrine Hill struggle, personally wrote the Vice Mayor stressing that the non-resolution of the key issue of drainage is more reason for non-approval of the PALC. He added that drainage should be in place well before any other construction movement (italics mine).

Dangers of Shrine Hillside Developments

by J. Stacey Baird

I am concerned, confused, and frustrated about the safety of Shrine Hill subdivision development against landslides and run-off. I live in the potentially affected area of earth movement and flooding from Ma-a Shrine Hill developments. I also have good friends there.

I am confused by differing expert opinion on the stability and risk of Shrine Hill development. Of course, I know experts can differ but when someone else tries to make decisions for me which will result in benefit to them, I somehow feel they could see things differently than I do.

I am also confused and fearful because of what seem to be dilutions or loopholes in safety assurances by some geologists. I don't understand the true long term safety of the place. In other words, they say, it would be safe if you . . . . or, it will be safe until . . . . or if mitigating measures are strictly enforced and maintained . . . . I ask whether proper maintenance over 10 to 100 years is likely?

Article Continues.....

Big Step

If anything, this advocacy of the Federation resulted to one big step - the City government is now more inclined to regulating property development activities.


a timid step

DMCI had started talks with the Federation, beginning with the Trinidad Greenhills Homeowners Association, on the flooding issue. A timid step but, still a step forward.

A Spendthrift?

Now that I have spent some time in updating on the issue, one development on the matter that caught my attention was the threat by DMCI to sue the Federation for asserting the homeowners' rights over their respective properties beneath the hill. Its rights end where those of the Federation members begin.

I just discovered that drowned among the many messages in my mail box, during my long absence, was the comment in the form of a link to newspaper article on the matter of legal action by DMCI. Pity, I was not around to post it so the legal threat lost its bite or the lack of it.

Obviously, DMCI's reluctance to discuss openly with the Federation on the latter's danger issues with their project makes it suspect. It seems it does not want to spend for mitigating measures against any untoward incidents to the neighboring subdivisions. But any responsible property developer will. Yet, it avers that the subdivision will be one of the best in the City.

Still, it has no other recourse but to listen to the complaint and attend to the mitigating measures acceptable to the Federation membership because the group is unflappable. It is good business sense to think beyond one's geographic area.

Update........

I have neglected this blog for sometime now since I was laying the groundwork for social development activities in a town in Surigao del Sur, where the internet facilities are not that sophisticated yet.

Fortunately, while I was gone the Federation and media have been doing the work.

Feb 29: DMC-UPDI and Crown Communities to Present Plans to Ma-a Federation

After a month, representatives from DMC-UPDI and Crown communities will finally, hopefully, present their plans to the Homeowners who are under threat of adverse impact to their homes, lives and properties.

The technical conference will be on 29 February 2008, 1:30 PM, the Violet Room, SangguniangPanlungsod Building, San Pedro St. Davao City. (click here to view the notice from CPDO of said conference.)

However, to ensure that the technical conference will be able to facilitate the raison d' etre of the need to reach a meeting of the minds between the Federation and the Developers, the President of Trinidad Greenhills Subdivision wrote a letter to the CPDO, reminding Engr. Jacinto of what had been agreed in previous conferences, i.e. Developers will present their plans, copy furnished the Federation. This is of prime importance because if these elements are not present, the trend of endless meetings and stalemate on the matter will not be addressed. (click here to view this letter.)

Responsible Development for Ma-a Shrine Hills

Brgy Ma-a Federation of Home Owner Associations presented its case for responsible subdivision development on Maa Shrine Hill to Acting Mayor Sarah Duterte Friday (Jan.25) afternoon.

Sides of Shrine Hill are unstable and not suitable for subdivision development. We believe the soil layer, a mixture of sea-bottom sand and small pieces of broken coral, three to 30 meters thick overlying the steep sides of Shrine Hill cannot be stabilized and maintained over the years; It represents real danger of landslide and other mass movement to residents and those now living below in older subdivisions. The risks are just too great.

Great Cities and great subdivision are built not only for the present but also for the future, our posterity, our children and great grandchildren and beyond. Let us not mortgage the future to the profits of the present. Let us NOT make our green emerald jewel, Shrine Hills, become another Cherry Hills disaster.

Short term, short sighted current-profit-only subdivision developments combined with inherent climatic and geologic risk have resulted in disasters and loss of life all over the Philippines. Let us learn from history. This is an inherently dangerous situation.

What would happen, for example, if we had several days of monsoon rain and a nearby intensity 6.5 earthquake, as we are prone to have? The hillside with its houses could slide down on residents below like caked sand on the side of a beached banca.

The Maa Shrine Hills range in height from about 100 meter - the length of a Soccer field - to more than 160 meters above our heads. Hillside subdivisions must be clearly and manifestly safe in construction and phsyical location. Hillside slopes above nine degrees or 18 percent with sea-bottom sand and small pieces of broken coral lying on the sides of soft slate do not qualify even remotely. The over-all angle of the slopes along Ma-a road probably average more than 45 degrees. Just look the next time you go by them.

Constructions like these do not provide shared benefit to neighboring subdivisions below. They create high risk and loss of property value. Who wants to buy a house or live below the over-burden of these developments and their monsoon rain run-off

Still, if developers can offer environmentally sound, clear and convincing, tested safe solutions, friendly to natural beauty and without adding unfunded impact on infrastructure, we will certainly review them in earnest. We clearly do not believe they can, but we will certainly listen so long as any further construction movement except remediation is halted.

- Teodorico T. Tinio
Chairman, Brgy Ma-a Federation of Home Owner Associations, Inc.
President, Dinaville Home Owners Association
Tel: 244-1857

For the Federation's Position Statement, please click here or navigate Official Steps Taken at the right side bar. For more photos of what 1999 Cherry Hill disaster was like, click here.

Rampaging Datu Loho Creek Destroys Fence Wall in Spring Village, Maa

The pictures show the damage and impact of rampaging Datu Loho Creek in Ma-a's Spring Village at the foot of Pink Street. Not shown are the large deep cracks in the river bank which is about to collapse into Datu Loho Creek, possibly blocking it and causing rising waters and flooding of lower lying areas.

-Author / Photographer
J. Stacey Baird
35 Vermillion Street
Spring Village, Ma-a
Davao City
244-0676

BEFORE HEAVY RAINS

AFTER HEAVY RAINS

Of Water Run-off and Flimsy Barriers

-Photos were provided by Ms. Norma Javellana while text was provided by JMango.

We want transparency!

Finally, January 10 at 1:30PM, the dialogue was convened at the Fuschia Room of the Sangguniang Panglunsod of Davao City.

However, DMC-UPDI’s Engr. Nora Gutierrez begged off from presenting their plans. She said it was not possible for her to prepare the powerpoint presentation because the materials are still in Manila.

Crown Communities was ready to discuss their plans but the powerpoint material was of poor quality and the company's representative (his name escapes me now) was ill-prepared. Thus, after several minutes into the presentation, retired Ateneo Grade School teacher Mrs. Moreno suggested that the presentation be deferred to another day. She also requested that the Homeowners be provided copies beforehand to give them ample time to study. This will ensure their participation in substantial discussion.

Note: provision of copies was the agreement between the two parties in the November 28 dialogue.

Engr. Gutierrez further informed the body that she will only present their plans when these are approved by the mandated bodies. Of course, the Homeowners howled NO. This was contrary to what they have been demanding of the developers, in pursuit of their collective right to person and property. Her stand negates responsible development:

1) transparency – we want to know what you will exactly do to the hill for these will affect thousands of lives and millions of properties at the foot of the hill,
2) environment friendly – will your structures and activities be environment friendly, and
3) beneficial to everyone – landslide cannot benefit us Homeowners. What are your measures to prevent this? – Norma Javellana


Transparency it is, Transparency!

The agreement for the plans' presentation was sealed November 28. More than a month had passed and yet, the Project Officer cannot present these to the Homeowners. It is unlikely that she does not know the plans by heart. Can she have missed the point and extent of the complaint against their project?

This is the nth dialogue and still, the Homeowners at the foot of the hill are left in the dark. This is deprivation of right to informed consent. Why is DMC-UPDI not willing to assuage this fear by the simple expedience of transparency? If it is absolutely sure its project will not bring harm, why the refusal?

When is the promised nth dialogue?

The holidays are officially over. The City Planning and Development Office is expected to have come up now with the schedule for another dialogue among the homeowners, the developers, government agencies and the CPDO. This was agreed upon last November 28. The big question is WHEN? Calling Engineer Luis Jacinto, sir!

Now that Engr. Dataya, who was charged with our issue, has moved over to the City Assessor's Office, will Engineer Jacinto assign Architect Tuquib to take over attending to our issue? Or will Engineer Jacinto assign another equally competent person?

WHEN will the dialogue take place? Hope they will not drag their feet on this.