The City Council of Davao on Tuesday passed on second reading an ordinance declaring the Panigan-Tamugan Watershed as a source water-protected area.
Councilor Temujin “Tek” Ocampo, chair of the Committee on Environment and proponent of the ordinance, said the ordinance aims to limit the human activities in the area.
The Panigan-Tamugan Watershed (PTW) covers the areas situated within the jurisdiction of 10 barangays of Davao City wherein eight barangays are under the Baguio District namely Baguio, Cadalian, Carmen, Gumalang, Malagos, Tambobong, Tawan-Tawan, and Wines while the two barangays are under the Marilog District namely Suawan and Tamugan.
Section 7 of the ordinance enumerated the prohibitions that include land conversion to whatever classifications including but not limited to hotels, resorts, tourism, and recreational activities; water drilling except those for the water system development conducted by the Davao City Water District (DCWD); exploitation of quarry resources and commercial sand and gravel resources that may affect the quality and quantity of water in the PTW; and prohibit the use of pit privy toilets or toilets without septic tanks to prevent the fecal coliform count.
The ordinance also mandated that no new settlement, whether residential or business, shall be allowed within the boundary of Panigan-Tamugan Watershed Area except within the Rural Settlement Zone as defined by the CLUP.
“Majority of the area wala kaayo nagpuyo didto because it is a forested area. Naa pud mga areas sa Indigenous Peoples (IPs) nga gitawag nato ug rural settlement areas or housing and commercial areas which is allowed by the Comprehensive Land Use Plan (CLUP),” Ocampo said.
Ocampo emphasized that existing households living within the PTW will remain in their area but no expansion or new construction is allowed unless only for repair and maintenance.
Section 9 emphasized that existing ethnic and cultural settlement /infrastructure and resettlement of Indigenous Peoples (IPs) communities shall be governed and regulated in accordance with their existing customary laws.
Ocampo mentioned that as to the identified PUSAKA (the traditional Obu Manuvu practice of sanctifying entities) areas within the PTW, its watershed conservation, forest protection, biodiversity and wildlife preservation, and ancestral land preservation shall be managed and regulated by the Obu-Manuvu tribe.
Ocampo added that the primary responsibility for the management, protection, maintenance, and preservation of the PTW shall be under the Watershed Management Council (WMC) pursuant to ORD. NO. 0310-07 or Watershed Code.
Section 11 states that the City shall provide sufficient funds amounting to P5,000,000 for the purpose, as recommended by the WMC to the City Council, through appropriation either in the annual budget or in any City Supplemental Budgets.
The ordinance also stressed that all activities within the Panigan-Tamugan Watershed shall be recorded and monitored by WMC including the Watershed Multipartite Monitoring Team (WMMT) and Barangay Watershed Management Council (BWMC) pursuant to ORD. NO. 0310-07 or Watershed Code, together with other concerned national and local agencies.
Section 12 of the ordinance mandates that any violation of the provisions of this ordinance shall be penalized in the amount of P5,000 and or imprisonment not exceeding one year or; both at the discretion of the court.
Ocampo added that if the violation is committed by a corporation, trust, firm, partnership or association or any other juridical person, the penalty shall be imposed upon the President, General Manager and other guilty officer or officers of such corporation, trust, firm, partnership, association or entity; provided that in addition a penalty of P5,000 shall be imposed on such corporation, trust firm, partnership or association violating any provision of this Code.
Ocampo also said that it is also the goal of the ordinance to stop the conversion of lands and the illegal encroachment in the watershed area.
