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バタンガス港　２００２〜３年　差し止めを求める動き

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２００３年８月２５日　マニラタイムズ紙　 Group hits Batangas port project ２００３年５月１５日　マニラブリテン紙　 Dads nix construction of Batangas Port project ２００３年２月１２日　マニラタイムズ紙　 Batangas governor stops port expansion ２００２年１２月２３日　インクワイアラー紙　 Governor orders Batangas port construction stopped

http://www.manilatimes.net/national/2003/aug/25/prov/20030825pro6.html Monday, August 25, 2003 Group hits Batangas port project By Moneth Deposa, Researcher BATANGAS CITY- Controversy has seeped into the construction of the Batangas Port Livelihood Center (BPLC) in Barangay Sta. Clara, with a group involving former governor J. Antonio Leviste opposing the project. In a letter to Alfonso Cusi, Philippine Ports Authority (PPA) general manager, dated July 30, the Batangas Port Planners and Dev-elopers Inc. (BPPDI) said construction of the center overlaps an existing reclamation project. BPPDI General Manager Rio Espiritu said the group questioned the approval and implementation of the lease contract between the PPA and the provincial government of Batangas covering the center. Espiritu warned that the provincial government risks being hauled to court if it goes ahead with the project. The center is a flagship project of the Batangas government with funding from the Land Bank of the Philippines. To be built inside the Port of Batangas, the center would have commercial stalls, recreational facilities, restaurants, movie houses and bars. Groundbreaking for the project was held on July 28. Espiritu said the lease contract was signed despite the existence of a prior contract between the Philippine Estates Authority (PEA) and the BPPDI on the same land in 1993. Based on the documents obtained by The Manila Times, the 1993 contract included a reclamation project in Batangas City as part of the PPA Batangas International Sea Port. The reclamation project covers 96 hectares bounded on the north by the Batangas Port, on the south by Batangas Bay, Marjuya River on the east and Sta. Clara Elementary School on the west. Eventually renamed the Batangas Port Reclamation Project, it was meant to provide the port with a back-up area reserved for private commerce and industry. The BPPDI was supposed take over the project in exchange for a 60-percent share of the reclaimed land. Espiritu said BPPDI’s contract with PEA was still “valid, subsisting, binding and legal” because it is protected by Presidential Decree 1084 dated February 4, 1997 signed by President Fidel V. Ramos empowering the PEA to reclaim land, and Executive Order 525 dated February 14, 1999, naming PEA as the agency responsible for all reclamation projects for and on behalf of the national government. EO 525 also mandates that all reclamation projects shall be approved by the President upon recommendation by the PEA or through a contract with any person or entity. Based on its mandates, the PEA signed a contract with the BPPDI for the reclamation project. The BPPDI lists as incorporators Sen. Loren Legarda-Leviste, Teodorico Diesmos, Felipe Cruz, Angelita Cruz, Eric Cruz, Ricardo Roqueza and Leviste as president. After BPPDI’s memorandum of agreement with PEA was signed, a representative from the PPA, Carlos L. Agustin signed the contract. The PPA “cannot now deny the existence or oppose the subject matter of the contract between PEA and BPPDI in view of its active participation and obvious acquiescence in the said contract,” Espiritu said. He said the PPA is now in estoppel and its violation would give rise to an action for damages. Espiritu strongly urged the PPA, the Batangas government and the Land Bank of the Philippines to put the center project on hold and called for the creation of a technical committee to review the contract. “Inasmuch as it has been noted that the privity of contract is between Public Estates Authority and Batangas Port Planners and Development Inc. and more significantly, their agreement covers reclaimed areas contiguous to the seaport project, it still bears stressing that no categorical mention was made in query on the matter regarding the area covered by EO No. 302. In this regard, it might be possible that while the project may be contiguous, there might be an overlapping on the area covered by the lease contract,” he said. Espiritu proposed the creation of a committee of lawyers and technical people from BPPDI, PEA, PPA and the provincial government to conduct a ground survey, come up with survey plan, technical description and other documents to clear up the issue. He warned that if Memorandum Order 302 is ignored, both PPA and the provincial government would violate Article 7 of the Civil Code which states: “Laws are repealed only by subsequent ones, and their violation or nonobservance shall not be excused by disuse, or custom or practice to the contrary.” The Times also learned that Leviste, who is president of BPPDI, is also member of the PPA Board of Directors. “A mere conflict of interest,” according to a text message sent to The Times by Arnold Gutierrez, executive assistant of the provincial government on special projects. Gutierrez said the BPPDI does not have any right to oppose the project because it “did not reclaim any land of the port.” He said the livelihood center would push through as scheduled because not only for the residents of Sta. Clara but the entire province stand to benefit from it.

Manila Bulletin 05/15/2003 Dads nix construction of Batangas Port project By Reden S. Viaje A resolution seeking to stop the construction of Port of Batangas Development Project Phase II as it will adversely affect at least five barangays of the city was filed recently by Batangas City aldermen. Councilor Joe Tolentino, main author of the measure said that based on the plan, about 30 hectares of shore land of the affected barangays will be developed into ports. The project involves dredging of sea basin and elevation of sea wall. Tolentino added the elevation of the land in the shoreline which is among the main component of the proposed second phase of the project would cause frequent flooding in its peripheral Barangays such as Sta. Clara, Bolbok, Calicanto, Sta. Rita Karsada, Sta. Rita Aplaya, and Pobla-cion. The aldermen lamented that officials of the Philippine Ports Authority (PPA), the implementing government agency of the project, have continuously failed to provide them with solution to the foreseen problems. They claimed that PPA officials have disregarded their invitations during their recent public hearings. Councilors Glen Aldover and Nestor Dimacuha on the other hand, vowed to utilize all legal means to stop the project. They said that Phase I has long been finished but until now the PPA still failed to pay their constituents whose properties were expropriated. The development of Port of Batangas was conceived by former President Corazon Aquino as gateway to CALABARZON (Cavite, Laguna, Batangas,Rizal, Quezon). Its full implementation was made during the time of former President Fidel Ramos and was halted when former President Joseph Estrada took office.

http://www.manilatimes.net/national/2003/feb/12/prov/20030212pro3.html Wednesday, February 12, 2003 Batangas governor stops port expansion BATANGAS CITY - Gov. Hermilando Mandanas has ordered the suspension of the second phase of multi-billion-peso Batangas in-ter-na-tional port to prevent the pos-sible intrusion of salt-water into three coastal barangays of this city. Mandanas pointed out that the construction of the Batangas port, a flagship project of the national government, would da-mage the environment and affect the livelihood of local residents. “Kahit mayroon apruba-dong environmental clea-rance certificate mula sa Phase 1 hanggang Phase 4, ang environment impact study ng Batangas inter-national port ay para lamang sa Phase 1,” he added. The second phase of the construction of the port includes the digging of 750 square meters of land from the banks of Bgy. Santa Clara up to Bgy. Bolbok. A 50-foot deep pier will rise in the area to be dug up. Mandanas estimated that more than 2,200 million cubic meters of land will be dug up in the three coastal barangays that may cause the intrusion of salt water into these areas. According to Mandanas, the three barangays are not serviced by the Batangas City Water District. Resi-dents of the three barang-ays get their drinking water from artesian wells. Officials of the Philip-pine Ports Authority said that up to now, the PPA has not received a cease-and-desist order from the local court directing the PPA to suspend the construction of the port. PPA officials said that in the absence of any CDO, the Shimizu/FF Cruz Inc. undertaking the project would proceed with the second phase of the cons-truction. -- Benny Luzentales, Correspondent

this story was taken from www.inq7.net URL: http://www.inq7.net/reg/2002/dec/23/text/reg_6-1-p.htm Governor orders Batangas port construction stopped Posted:7:09 AM (Manila Time) | Dec. 23, 2002 By Mei Magsino Inquirer News Service BATANGAS CITY -- Batangas Gov. Hermilando Mandanas announced in a press conference on Wednesday that he had already issued a cease-and-desist order on the construction of the Batangas international port's second phase in an effort to protect the environment. Mandanas said the 5.5-billion-peso project, which is the region's most important project, could cause saltwater intrusion into the groundwater of Barangays Sta. Clara and Bolbok, where the construction for the second phase is still ongoing. "Although the port project has an approved environment clearance certificate from phase one to phase four, its EIS (environmental impact study) covers only the first phase of the construction," Mandanas said. The second phase, which involves digging a 600-meter area from the seashore of Barangay Sta. Clara up to Barangay Bolbok, will be creating a 50-foot deep port and bring in sea water to the land. An estimated 2,200,000 cubic meters of earth will be dredged, which according to Mandanas could cause saltwater intrusion into the two barangay's groundwater. But the governor apparently failed to issue the order, as the Philippine Port Authority has not received any cease-and-desist order. Shimizu/FF Cruz Inc., the contractor for the project still continues construction work on the port's second phase. Russel Bayle, an employee of the construction company, said they have not received any order to stop the construction of the project. The order could only be issued in the form of a court order, an Inquirer source from the PPA based in Batangas City said. Presidential Decree No.1818 states that even the courts are prohibited from issuing restraining orders or injunctions on economic development projects of the national government. The construction of the Batangas port has been a flagship project of the national government since the administration of former President Corazon Aquino. It is expected to link the provinces of Cavite, Laguna, Batangas, Rizal and Quezon, commonly known as the Calabarzon area, and Metro Manila with Mindoro and other island provinces, especially for the transport of goods to and from those areas.