Tuba folks fight over right to water in shot spring; resort up for ‘demolition’

TUBA, Benguet – Residents here are fighting over their right to a hot water spring which they said their forebears have been using since time immemorial but which is now being claimed by a resort owner who reportedly fenced the property which has a swimming pool wherein visitors are required to pay for its use.

Local folks said the community owns the property by virtue of Native Title but resort owner Richard Stone Pooten reportedly installed a gate to the area.

The gate was destroyed by local folks who said Pooten had no right to deprive them of water.

A press time, a reliable source said Tuba Mayor Clarita P. Sal-ongan has instructed Nangalisan Barangay Captain Marcial Flores to initiate “appropriate action” over the disputed area considering that is a road right of way.

Under the recent anti-road obstruction law, vehicles including buildings or structures over road rights of way have to be taken out or demolished.

 Aside from the swimming pool, the mayor reportedly said the public comfort room, tanod outpost, bakery and tricycle terminal beside the area were obstructions.   

A meeting with the municipal council was held here Nov. 12 but the issue was not settled among stakeholders.

Based from minutes of the meeting provided to the Northern Philippine Times at press time, in attendance were Pooten and his wife who own the Pooten Resort down Asin Road in Barangay Nangalisan, representatives of the Departments of Environment and Natural Resources, Public Works and Highways, Tuba officials among others.

These were the positions of stakeholders on the matter.

Pooten said since he bought the property, he had the right to fence it.

Atanacio Addog of the regional office of the NCIP said if the property is ancestral domain of Tuba people or that of Pooten, more talks were needed to settle the matter and maybe come up with a memorandum of agreement between parties like on use of the water.

Barangay captain Flores said there was a survey of the area and this should be checked.

Councilor Gary G. Behis said the former owner of the area, a certain Pascua, was the one granted by the Water Utilities Board water rights over the disputed site.

The community environment natural resources officer of Baguio city who was not identified in the transcript, said the site in Nangalisan is part of forest land of Marcos Highway National Park so the proper agency to secure permit to use water should be the DENR.

The Cenro officer said under the Water Code of the Philippines and considering that there are indigenous peoples there, there should be an endorsement from the PAMB (Protected Areas Management Board) for use of the site.

The DPWH representative said the area is covered by MRR (Manila Metro Rail Co.) title and if the actual location is 60,40 from the Asin Road, then it is categorized road right of way.

The disputed site is beside Asin Road.

Behis said on April 2016, it was found out in a DPWH investigation that the area was part of road right of way.

The DENR representative said if the area is a body of water, nobody owns it but the State.        

Some local folks said the area should not be enclosed and they should be free to go there to fix their pipes the water of which goes to their homes or fields but Pooten said they wanted the safety of people going there secured.

Barangay captain Flores said he was willing to take the responsibility of look over the area and see to it that nothing untoward would happen.

The session ended with no agreement among those involved

A date has still to be set to discuss and settle the matter among stakeholders.