Demolition of Busol illegal structures set
>> Monday, March 24, 2014
By Aileen P. Refuerzo
BAGUIO CITY
– Owners of illegal structures at the Busol forest watershed were warned to
voluntarily demolish these or the structures
would be torn down by the city government.
With the legal barriers cleared, the city government can now pursue the
demolition of illegal structures at the Busol watershed, Mayor Mauricio Domogan
said last week.
He added he will convene the City Anti-squatting Committee and the Busol
Forest Reservation Task Force to discuss dismantling of illegal structures in
the watershed.
“Our direction is to pursue the demolition and we will act in accordance
with this direction now that we see no legal impediments in implementing this
long-delayed program to clear out watershed of squatters,” the mayor told a
media briefing.
The mayor said the city in coordination with the Baguio Regreening
Movement and Busol task force will also pursue the fencing of the watershed
perimeter to guard it against further intrusion.
The project was revived upon clearing of the court case that barred it
in 2002 and upon the pledge of the Baguio Water District to put up P3-4 million
for the fencing.
The mayor said a survey of the watershed perimeter is being conducted
preparatory to the construction of the fence.
The mayor said that based on the monitoring and data gathered, no
additional structures have been built within the watershed.
In 2009 during the administration of former mayor Reinaldo Bautista Jr.,
the city anti-squatting team then headed by former city administrator (now
councilor) Peter Fianza recorded around 900 illegal structures in the watershed,
some of which are large houses reaching even three floors.
A total of 33 structures located in three sections of the watershed were
set for demolition in July, 2009 but the operation was not totally carried out
when National Commission on Indigenous Peoples Cordillera (NCIP-CAR) hearing
officer Brain Masweng issued a temporary restraining order and the writ of
preliminary injunction.
However in a Feb. 19, 2014 decision, the Supreme Court lifted Masweng’s
order and cited the hearing officer for contempt.
“Respondent’s (Masweng’s) willful disregard and defiance of this
Court’s ruling on a matter submitted for the second time before his office
cannot be countenanced. By acting in opposition to this Court’s
authority and disregarding its final determination of the legal issue before
him, respondent failed in his duty not to impede the due administration of
justice and consistently adhere to existing laws and principles as interpreted
in the decisions of the Court,” the court said.
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