On the watershed issue

Blurb: 'Knowing Eddiegul to be a reasonable man, one feels no doubt that he will find his way through, for what is right, just and reasonable in correcting a flawed and over-extended coverage of the watershed area.'

It's gratifying to learn that the management board of the Central Cebu Protected Landscape (CCPL) indorsed Compostela's proposal to exclude the barrios of Cabadiangan, Cambayog, and Tamiao - a total of 300 hectares - from the flawed protected watersheds.

It's only fair to exclude Cabadiangan, both the Compostela and Liloan portions, being a flat land ringed by some low ridges and hills. Since barangay Cambayog has also been excluded, one wonders why barrios Bagalnga and Estaca were not cited as so indorsed. Of course, the big agricultural basin of Cotcot, Liloan deserves exclusion being a flat terrain and, like Cabadiangan, is open to multiple economic uses and well beyond the watershed area.

Cabadiangan and Cotcot were erroneously listed in Cory Aquino's proclamation enlarging the watershed, as delineated by a prior presidential fiat. The enlargement had been blamed on MCWD which denied it, passing the buck to DENR.

Perhaps, the error is due to the geographical flaw in linking the Cabadiangan-Cotcot river to Lusaran, a mountain barrio in Cebu City. So-called experts on water and watersheds mistakenly conjoin the Lusaran-Cotcot watershed area. Lusaran river flowing westward to Balamban, or the Lusaran watershed for that matter, is not linked to the Cabadiangan-Cotcot river flowing down eastward. And this river has its spring sources in Tag-angilan, as well as in Dapdap and Mulao, all far from and not conjoined with Lusaran river.

To correct a monumental mistake is only proper under the premises… The only good to Cory's enlargement of the watershed, including valleys like Cabadiangan and Cotcot, has been the slowing down of land purchases by wealthier chinky-eyed Filipinos. This had resulted in zooming of land prices to the chagrin of locals who couldn't compete with outsiders. With the watershed problem, outside buyers got cold feet, lest their bought lands be not titled.

The public perception persisted that with Cory's proclamation, the landowner's rights to use and/or dispose of their lands are constricted. In fact, many still believe that they can not dispose of their lands, if need be. The impression of landowners had been the resurrection of the old regalian doctrine that all lands and everything inside the realm belonged to the king or despot of yore; or, in modern times, to the state.

However, this misconception has been put to rest by the Supreme Court in a Cebu case involving the watershed. The SC ruled that the landowners have already acquired vested rights… prior to Presidential Proclamation No. 932 on June 29, 1992; and, that since the ownership has been long before the proclamation, it can no longer be covered by Proclamation 932. The DENR's argument that the lands included in the watershed could not be re-surveyed for titling purposes, and thus the areas excluded from entry, sale, disposition, or resettlement, was shot down by the SC.

When the lower court's decision became final and executory following the SC ruling, the landowners concerned were issued decrees of registration.

With the CCPL indorsing Compostela Mayor Antonio Dangoy's proposal on 3 barangays, DENR 7 through director Isabelo Montejo and the Protected Area Management Board, have decided to indorse favorably the exclusion proposal to Rep. Eduardo R. Gullas who has sponsored a CCPL bill covering the proclaimed watershed area.

Knowing Eddiegul to be a reasonable man, one feels no doubt that he will find his way through, for what is right, just and reasonable in correcting a flawed and over-extended coverage of the watershed area.