Sunday, January 19, 2020

Sagada execs: Stop Bokong coffee shop construction


By Gina Dizon

SAGADA, Mountain Province --- The Sangguniang Bayan wants ongoing construction of a coffee shop just above the Bokong Falls here stopped.
 In a meeting among the members of the Sangguniang Bayan and lot owner, The SB urged the municipal mayor to stop construction.
Said construction of an alleged coffee shop had been the subject of a heated bashing among netizens in Facebook a month ago claiming that pursuing construction of said structure shall pollute the waters flowing along Bokong River and destroy the scenic site of the falls.
The Bokong construction also formed part of the discussions of the municipal tourism council and the SB before said recommendation of the SB.
An inspection of the reported structure followed among some members of the SB noting violations of tourism and environmental laws.   
In said meeting, the SB forwarded in their recommendation that Municipal Mayor James Pooten Jr issue a cease and desist order to stop construction of the structure in its progressing stage.
The SB found violation in the Municipal Tourism Code of Sagada and the Water Code of the Philippines.  
SB found violation in Section 23 of the revised Sagada tourism code stating “…. owners of adjoining lots are prohibited from making constructions that will tend to obstruct from viewpoints, destroy or substantially alter the natural beauty of the nearby scenic spots.
Councilor Kapon Gomgom-o said upholding the law will serve as ‘condition precedent’ to the maintenance of heritage sites of the town and keep scenic sites clean as they should be. 
Violation was also noted in Section 25 of said tourism code providing that “improvement on scenic spots shall require the favorable  recommendation of the municipal tourism council contained in a resolution. As far as practicable no improvement shall be introduced in sacred and/or scenic spots which will tend to destroy or substantially alter the natural condition of the sacred place or scenic spots.”   
Said provisions finds consistency in the proposed ordinance of the SB declaring certain sites as natural heritage and ecological tourism park of Sagada including Bokong Falls.
Councilors Dave Gulian and Benjamin Capuyan said laws should be upheld to keep order and preserve the natural heritage of the town. 
The SB finds Article 51 of the Water Code of the Philippines applicable where “the banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three meters in urban area, 20 meters in agricultural areas and 40 meters in forest areas, along their margins, are subject to the easement of public use in the interest of recreation, navigation, flotage, fishing and salvage. 
No person shall be allowed to stay in this zone longer than what is necessary for recreation, navigation, flotage, fishing or salvage or to build structures of any kind.”
An interview with the lot owner said she is primarily concerned with the  improvement of the  stonewalls of the eroding stonewalls of her ricefield located near the river bank.
Indigenous Peoples Mandatory Representative (IPMR) Jaime Dugao said original use of the lot should be maintained. 
The SB in said meeting forwarded their recommendation that the stonewall of the lot be improved as well as with other ripraps of other ricefields  much as these are heritage sites of  the town.
Observations have been noted on perceived violations of the law including already built structures in the middle of rice fields and near burial caves.   

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