by Delfin T. Mallari, Jr.
Philippine Daily Inquirer
May 2, 2002

At least 40 outrigger boats, filled with representatives of non-government groups and several journalists, braved the rolling waves of the South China Sea on Sunday as they criss-crossed the Balayan and Pagapas bays in Batangas toward three on-shore construction projects reportedly owned by three influential businessmen. The people were brought by fishermen belonging to the Samahan ng mga Maliliit na Mangingisda sa Calatagan (SAMMACA) who are protesting the seeming inaction of government authorities on what they describe as environmentally destructive activities along the coasts of the bays off Calatagan.

A resort town, Calatagan is some 120 kilometers south of Manila. The coastal activities have been slowly killing them,” the fishermen said. They charged as illegal the dredging and reclamation work near the Punta Baluarte, the town’s premier ritzy haven. In the newly reclaimed foreshore of the controversial project, the fishermen planted at least 30 white bamboo crosses, symbolizing their doom if the government would continue to ignore their grievances. They identified one of the project proponents a Raymond Moreno, reportedly the owner and president of the communication firm Liberty Broadcasting Network, Inc.

A couple of kilometers along the coast, the boat-riding demonstrators passed by another group of protesting fishermen standing on a 200 meter stretch of concrete seawall made from dead corals. The wall serves as a barrier to protect a 50 hectare fishpond owned by one Lorenzo Vergara. The inland protesters held a casket made of cardboard with the mask of death on one side and several placards denouncing the wanton destruction of matured mangroves in the area, allegedly to give way for the fishpond project, on another side.

CONSTRUCTION

Facing Balayan Bay, the demonstrators called around what used to a 12 hectare mangrove islet, a portion of which is being prepared for an upscale resort reportedly owned by a certain Camillo Ortiz. Two dome topped towers are being erected to serve as vantage attractions from the sea. A concrete seawall, also made from dead corals, encloses the construction site. The remaining mangrove area is at the farthest left portion of the islet. “These environmentally destructive projects should be classified as heinous crimes.” Ruperto Aleroza, SAMMACA President, told the journalists. “What those rich people are constructing are like burial grounds and we, the small fishermen (who) live and depend on the resources of the bays, are the ones to be buried. They are slowly killing us.”

SAMMACA members pointed out that Moreno’s construction site has been declared a tourist zone and marine reserve area, and their primary source of livelihood. The bay, with an area of about 30 sq. km., is home to a variety of corals, mangroves, fish and endangered species, like the now-elusive sea turtles, they said.

A local ordinance passed in 1992 declared the Pagapas Bay and Calatagan’s municipal waters a “marine reservation and in a state of rehabilitation.”

The SAMMACA said Moreno’s dredging activities destroy seagrass beds that provide shelter and food for fish. “We were alarmed when it became noticeable that there were unnatural dredging and reclamation activities which were directed farther and farther away from the shore. We soon found that Mr. Moreno intends to build a mini pier for his fleet of vessels,” Aleroza said.

DENIAL

Moreno, however, refuted Aleroza’s statements. He said he has not allowed any mangrove tree to be cut down or corals to be destroyed in the area. “I would be the last one to do that.” He told the Inquirer. He said he was preparing the area to be his retirement abode. He clarified that he was dredging the land of silt brought about by the excavation and road works being undertaken by Punta Baluarte. Explaining that his place is located in a lower portion of the area where much of the silt from the Punta Baluarte construction project has flowed, Moreno said he had to use a backhoe to dredge out all the silt. He said the fishermen were just being used by a landowner to drive him away from the area.

It was learned that the businessman applied for a foreshore lease on the area, covering about 20 hectares. The SAMMACA alleged that Moreno’s activities were being carried out without any permit from the Department of Environment and Natural Resources. Without the needed DENR documents, the project proponent started construction work in late 2000. For the violation, the DENR ordered Moreno to stop the project and imposed a P50,000 fine.

But Moreno was able to secure a preliminary injunction from a regional trial court in Batangas City. DENR Regional Executive Director Samuel Penafiel said Moreno’s case has been elevated to the Office of the Solicitor General (OSG). “The DENR is now being represented by the OSG because Mr. Moreno wants the charges against him quashed,” he said.

Lawyer Ed Relucio of Tanggol Kalikasan, an environmental legal defense center that has been assisting the fishermen, said his group was working closely with the OSG lawyers on Moreno’s case to help them better appreciate the facts in the context of environmental laws.

WARNING

A study conducted by Selina Stoute, an Australian Marine Biologist and Volunteer for the Center for Empowerment and Resource Development, warned of the potentially destructive effects of dredging activities on the fragile environment. Among the problems cited by Stoute are the possible loss of productivity and the death of marine organisms. The reclamation activities could restrict the flow of water from a natural waterway, which could affect the natural chain of marine
ecosystem,” the study said. “Anyone can transform this place into one vast useless body of water
by just tampering with the normal growth of the marine ecosystem. After doing so, they can also start counting the remaining days of our life as a fisherfolk community,” lamented Berto Racela, chair of the Fisheries and Aquatic Resources Management Council in the area.

A fisherman, Budo Piel, said that when he and his family settled on the islet more than 20 years ago, “we were only two pioneering families here.” “But the number of settlers ballooned to at least 45 families because of the rich fishing ground provided by the mangroves,” he added.

When Ortiz appeared three years ago on the basis of an alleged selling agreement with the Gal family, who claimed ownership of the 12.3 hectare island, “some of the settlers started to leave the place.” That was when most of them “experienced harassment from the supposed island seller. They were given P15,000 each just to leave the place,” Piel said.

“But how can they claim ownership of the land when during the time that our local officials allowed us to settle, none of them presented to us the real owner. (It was) only lately (when they did that) when Ortiz came into the picture,” he said.

He said he cried when the vast mangroves were cut down to clear the way for the construction activities. “I was the one who planted and nurtured those mangroves because they gave us life in return.”

DEAF EAR

The fisherfolk claimed that the local government officials have turned a deaf ear to their case. “Our slippers are already worn out going back and forth to the town hall. Our mayor has (ignored) us,” said Emmy Hernandez, Samahang Anak Dagat president.

When this writer called up Calatagan Mayor Olivarez Palacio, a male member of his answered. After learning the purpose of the query, he said Palacio would return the call. This writer made two more calls to follow up, but these were unanswered.

Municipal engineer Miguel Duman admitted that all the construction activities questioned by the SAMMACA did not have permits from his office. But he pointed out that the problem lies with the DENR, “because the projects don’t have environmental clearance certificates or environmental impact assessments.”

“Guevara’s fishpond, which has been in place for the past 10 years, was never even visited once by any government agency,” a SAMMACA official claimed. He blamed local government officials for the “intentional lapses.”

It was also learned that an influential political family in the province was behind Ortiz’s project.