JULY 18 - JULY 24, 2021


METROPOST 2 NEWS and UPDATES


Sagarbarria speaks before ‘CALL of the Sea’


The 18th


prioritizing the passage of the two legislative measures that aim to strengthen the country’s archipelagic security by establishing archipelagic sea lanes in Philippine waters, and delineating our maritime zones.


Greenpeace Philippines says there’s no need for a 174-hectare reclamation project in Dumaguete which will only displace communities and damage marine protected areas. Greenpeace enjoins the public to remind our government officials to put people and the environment at the center of the country’s recovery plan. (Cartoon from Greenpeace FB)


project for two new islands.


CHINESE....FROM P. 1


T olentino-M axino produced a timeline to show that as early as Nov. 25, 2019, EM Cuerpo Inc. submitted an unsolicited proposal costing P27.343 billion, but at no cost to Dumaguete. On Dec. 13, 2019, Mayor Remollo issued Executive Order 21 creating the City Public-Private Partnership Committee, tasked to oversee the comparative bidding process (Swiss challenge) of unsolicited proposals. The selection committee was to submit a report by Jan. 28, 2020. It can be recalled that


Vice Mayor Karissa


upon the invitation of Chinese businessmen, Mayor Remollo went to Guangzhou, China on Jan. 24, 2019, together with 27 barangay captains, some of the councilors, then- Sangguniang Kabataan representative Renz Macion (now Councilor), and other City officials. The information officer that time said no government funds were used for the trip, and that the Mayor spent for everyone with his personal funds.


Lawyer Benjamin said


Aviation Authority of the Philippines to comply with the requirements for the area clearance.” Remollo said all the concerns received by his office will be submitted to the PRA and DENR for their consideration. The City and the


two particular stipulations in the MOU between EM Cuerpo and the Chinese company are red flags: She found it worrisome that based on the JVA, Dumaguete will not be able to decide to whom the reclaimed land may be sold. “What if EM Cuerpo will sell it to casinos and offshore gaming operators that will not even hire Dumaguete residents [as workers]?” She said we are already experiencing that in various parts of the country.


the confidentiality clause wherein EM Cuerpo and the Chinese company expressly agreed to “keep all information to themselves as confidential. A party must not reveal, make, cause or allow any public announcement, press release, or public statement of any kind about this MOU.” It stipulated that such clause will remain in effect “even if termination, cancellation, or completion of the MOA” happens. They also agreed that any dispute would be resolved by arbitration in Singapore.


Another red flag is


“Why is this MOU between EM Cuerpo and the Chinese group Poly


SP FINETUNES....FROM P. 1


project proponent will also be required to submit detailed engineering plans, hydrodynamic survey, financial viability, and other requirements to the DENR.


Once the DENR gives the ECC and the EIA, the papers will go back to the PRA, who will issue a Notice to Proceed.


“Only then will the project commence. No construction, no structures will be built on the territory of Dumaguete concerning this project until all these processes will be complied with. Without my Notice to Proceed, nothing will happen,” Remollo assured. The first revision


made by the Counci l was the renaming of the document, from a Joint Venture Agreement into a Memorandum of Understanding.


requirements have been sought.


The parties also agree to conduct public consultations in all stages of the process to include the concept and engineering designs.


from false information, attacks and criticisms was also deleted.


The parties understand that the PPP contract is the same contract defined by the City’s PPP Ordinance. Remollo also asked bio-marine


that the


This is when the City will draft the PPP contract and present it to the City Council for approval by way of an Ordinance. After the Council approves it in an Ordinance, the Mayor will issue a Notice to Proceed.


The other revisions are the inclusion of clauses that declare that the parties are fully aware that the project (reclamation and wastewater treatment facility) will go through a process of application with the PRA and DENR, and that the parties promise to comply with all the requirements. The parties shall also agree not to start building structures until all the


mitigation program in the reclamation area shall require the participation of environmental protection and conservation experts and students, replacing the provision that simply made their participation an option. The parties will also


The Council also removed the provision allowing for the pre-selling of reclaimed portions of land. A provision was retained giving the business proponent the right of first refusal in the event that the City decides to sell its share of the land. A new provision was


Changda secret? Don’t the people of Dumaguete need to know who will cultivate 174 hectares of their seafront? Could this possibly be invasion – making islands in Dumaguete as extensions of their territories?” warned Benjamin, a law professor at Silliman University. She said she has written the Vice Mayor requesting them to instruct the PPP Regulating Authority to post the feasibility studies, bidding documents, etc for this entire project. “This is a mandatory provision in our 2021 PPP Ordinance.” So far, the Vice Mayor


has only shared documents with Benjamin that are already available online. “These documents


were not attached with the draft JVA on that day (July 7) when the City Council voted to allow the Mayor to sign the deal with EM Cuerpo,” she said. “Based on that deficiency alone, it was already a problematic move,” Benjamin said. “Our PPP Ordinance has a transparency provision. Transparency and honesty are what we need in Dumaguete now,” Benjamin said.


“Both bills will reinforce our rightful and legal claims over the West Philippine Sea, under the UN Convention on the Law of the Sea, and as judicially recognized by the Arbitral Tribunal constituted by the Permanent Court of Arbitration,” said Cong. Manuel Sagarbarria, during the commemoration of the fifth anniversary of the historic arbitral award which recognized the country’s claim over its maritime entitlements in the West Philippine Sea. As chairperson of the House Special Committee on the West Philippine Sea, the Negros Oriental 2nd District Congressman issued a solidarity statement during the launching of the Citizens’ Alliance for Life & the Law (CALL of the Sea) in an online conference. The Congressman


Congress is


DENR, PRA have last say: Ipe


Mayor Felipe Remollo issued an impassioned appeal to the public to support the 174-hectare reclamation project, amidst mounting objection from the scientists, the academic community, the church, non-Dumaguete residents, and social media netizens here and abroad expressing various views over the local government’s haste and lack of transparency.


The Mayor called for a media presentation Wednesday to announce that he had asked the City Council to revise the Resolution passed last week authorizing him to sign the Joint Venture Agreement with EM Cuerpo Construction to built “smart city” islands from barangay Tinago, Calindagan, Mangnao all the way south to Banilad; and from barangay Looc, Piapi and Bantayan to the north. His letter to the Council was received Wednesday, less than an hour before the City Council session was to begin. He said all the criticism from the oppositors indicate they are “not properly informed” about the project. Instead of the term “joint venture agreement”, Remollo


He also asked that some provisions be added to “strengthen the environmental clauses” in the proposal. He also asked that a paragraph be added to say that in the event the Department of Environment & Natural Resources and the Philippine Reclamation Authority turn down the project, the entire MOU would be functus officio, or will have no legal effect.


expressed the Congress’ support for sustained annual appropriations of relevant agencies, and the modernization of the country’s land, sea, air, and cyber capabilities to protect its territorial and maritime domain.


“It is our aspiration that the national interest and security of our country will be safeguarded for the present and future generations of the Filipino people,” Congressman Sagarbarria said. The CALL of the SEA, headed by former Sen. Joey Lina, is an umbrella goup of civil society organizations whose objective is to promote provisions stipulated in the UNCLOS, and to work with government in bringing about the enforcement of the Arbitral Award. (Anicee dela Rama)


alternative to uplift the lives of the poor,” said the Mayor in a forum he called a week after the City Council passed a resolution granting the Mayor authority to sign a JVA with a Quezon City-based construction firm E.M. Cuerpo. “You know this [plan]. I have showed you this several times already three years ago,” he reminded the media. “The Councilors belonging to the Minority saw this, too. They did not react, but I don’t blame them. Their reaction [must have been] ‘the Mayor is dreaming’ but this is not a dream. This is hulog ng langit,” Remollo said. He said the PRA initially wanted a 60-40 sharing of the reclaimed land. Under Phase II, Dumaguete and E.M. Cuerpo will “sit down to receive our counter proposal of a 49-51 sharing”.


to do this,” he said. “I feel that in my five years as mayor, I have done a lot for Dumaguete -- most of which have not even been inaugurated,” he said, including a pyrolisis machine to be inaugurated this month.


Inspite of his efforts for Dumaguete, he lamented: “All my projects have been criticized: [The slogan] ‘DumaGueTmE’ was criticized for over six months.” He also faced the same criticisms over the reclamation projects for the Rizal Boulevard, and for the construction of the two bridges replacing the Spillovers traversing the Banica River.


both bridges simultaneously. Now the bridges are done,” the Mayor said.


“People criticized us for undertaking the construction of


He admitted that the bridges leading to BIR and the one at the back of Foundation University may not be perfect “but even though you criticize me, I did my best!” He said his wife and their two sons, who are studying for the Bar, are disturbed, and constantly telling him, “You don’t even have to do that; you have done a lot already!” He said that even if his proposal for reclamation will not push through after his term, he will not be affected by it. “So what?”


“We may differ in opinion but please give me an


asked that it be renamed into a “Memorandum of Understanding” with EM Cuerpo.


“As long as I tried [pursuing the plan], I don’t even have


He said the City still has a lot of projects in the pipeline, like an additional P35 million vocational-technical school built on a 10,000 square-meter lot in barangay Batinguel donated by the Agaton Pal family. He said that as a lawyer, he has always been “careful”


against taking out bank loans as financial counterparts in the name of Dumaguete.


“I’d be ashamed [to do that]. While the local governments of Bayawan, Bais, and Guihulngan took out loans just to put up infrastructure projects, Dumaguete did not [have to] do that. Or that would [have] been a big issue in the City Council,” he said. He recalled that the Dumaguete public market was built in 1987 during the time of Mayor Elfren Quial through a loan. “[Then when I became mayor,] I received a demand letter from the Duterte administration on June 26, 2018 to pay P82 million for that loan [I did not make].” He cited that to this day, market stall vendors pay only P4.00 per day, with the City subsidizing it, making the market a losing enterprise.


also inserted which frees all parties of any obligation in the event that the application is denied with finality by the PRA and the DENR.


agree that the Notice to Proceed shall be issued only upon the approval of the PPP contract by the Sangguiang Panlunsod. The controversial provision that said the City will defend the application


He said the only operation at the public market that earns P4 million a year are the comfort rooms. “Will we make the entire market into a CR [then]?” Remollo said his plan is to make a satellite market


Remollo said that for now, we do not have anything to discuss in a public forum because if there are any concerns about corals, livelihood, these will be threshed out in that plan. “There are no detailed plans for the public to have a basis to argue or comment on,” Remollo said.


that is “professionally-run and will not lose money.” He envisioned “free hospital, housing, education, medicine, water, electricity. That can happen if the City has money!” His challenge during the media conference that lasted two hours and 30 minutes: “If there is someone with a vision that will make Dumaguete a highly-urbanized city, let them do it!” Remollo said somebody cautioned him, “Hinay-hinay


ra, Mayor!” But he said he did not run for mayor in 2012 “to relax”. He cited one mayor who served for 18 years “but we did not see anything [accomplished] because it was truly hinay-hinay”. Atty. “But who wants controversy? Who wants to be


TO PAGE 8


castigated all the time? [But] allow me to try; let me present this [proposal] to DENR and the PRA, and pray that it does


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