DACUDAC, TADIAN– Spearheaded by Tadian Mayor Atty. Antony D. Wooden, more or less 400 from Dacudac, Lenga, Cadad-anan, Pandayan, Cagubatan and Banaao, all in the municipality of Tadian, work together to haul materials and start constructing a guardhouse in Bellang, Madange, Dacudac, Tadian with the assistance of personnel from the Municipal Disaster Risk Reduction Management Office, Municipal Environmental and Natural Resources Office, Rural Health Unit and 2nd Maneuver Company, PRO-COR and Tadian Municipal Police Station on April 30, 2017.
Their determination to protect the watershed of Barangay Dacudac, Tadian, Mountain Province which has been a long disputed area between the said barangay and some private individuals made the activity possible since some private individuals don’t know how to follow laws.
In an interview with some of the participants, they are already fed up with the illegal cultivation of their watershed that is close to being completely denuded. They averred that some volunteers from Dacudac only hauled two loads of sand and gravel purposely for the construction of a guardhouse but the gavel was taken while the sand was mixed with soil by unidentified individuals.
Another interview conducted with some residents and records available at the office of the Mayor and MENRO, recalled and showed that sometime in 2004, the forestland serving as watershed of the said barangay since time immemorial has been started to be cultivated by the group of Mr. Delson Palid. The affected barangays opposed the cultivation but Palid continued to expand the clearing and made excavations inside the watershed.
With the persistent complaints and objections from the affected communities, concerned parties came up with an agreement that Palid and company must abandon their gardens located within the watershed. Such agreement was put into writing during the joint meeting among some officials and residents of Balili, Mankayan and Dacudac, Tadian with the presence of DENR representatives on November 7, 2004. Dacudac’s punong barangay during that time was Mr. Paulo Agadan.
However, Palid and his group did not follow what was stipulated in the agreement and planted potatoes. He even uprooted the pine saplings sown by the Dacudac community and filed an injunction case with a prayer for damages at the Regional Trial Court, Branch 64, Buguias, Benguet sometime in 2005. Case up to now is being tried at the said court.
The continued operation of vegetable farms within the watershed caused the denudation of the forest and endangered the health of the affected communities. This was proven during the continuous monitoring conducted by barangay officials, residents and staff from the Local Government Unit of Tadian. Pictures of containers of pesticides, fungicides, herbicides and chemical fertilizers at all gardens were taken.
Worried that it might result in a total denudation of the watershed and worsen the situation, people of Dacudac, Tadian and Tadian LGU initiated another consultation with all parties concerned. This was conducted on July 23, 2008 between residents, elders, and officials of the affected barangays, representatives of the PENRO-Benguet, EENRO and CENRO-Buguias, Benguet and the cultivators and barangay officials of Balili, Mankayan, Benguet.
During the meeting, a memorandum of agreement was made and signed by all concerned individuals and groups. Among others, contents of the agreement were: Palid and company will abandon their gardens; the gardens will be planted with the supervision of both CENRO-Sabangan and CENRO-Buguias and both barangays Dacudac and Balili will be responsible for the protection of the trees planted.
However, like in the former agreement, Palid with his companions Peter Ngawa, Johnny Dugao, Agosto Palcacion, Marjon Ngawa and Albino Agsawal failed to comply with the agreement and continued to expand the clearing and make excavations inside the watershed that resulted in its further denudation and degradation.
With no other recourse, the Local Government of Dacudac, Tadian with the help of other five Sunnyside Barangays, filed a Writ for a Continuing Mandamus and a Permanent Environmental Protection Order with a Prayer for a Temporary Environmental Protection Order (TEPO) and Mandatory Injunction before the Regional Trial Court, First Judicial Region, Branch 35, Bontoc, Mountain Province sometime on September 12, 2014 against Delson Palid, Peter Ngawa, Johnny Dugao, Agosto Palcacion, Marjon Ngawa and Albino Agsawal .
On September 23, 2014, a Temporary Environmental Protection Order was issued by Hon. Judge A. Patnaan ordering respondents to cease and desist from further planting, cultivating, cutting of trees, and engaging in farming within the watershed. Copies were furnished to all, however, respondents failed to comply. Further, the TEPO printed on a tarpaulin posted in the watershed area was removed by unidentified suspects.
During the proceedings of the court, Palid and Ngawa testified that that they owned a vegetable farm but claimed that it is not a part of the watershed but rather part of Mankayan, Benguet. They also claimed that they were engaged in organic farming. As to the agreements they signed during the two consultations conducted, they claimed that they did not understand and they were pressured to sign and thought that it was an attendance sheet. However, on cross-examination, both admitted that they could read and write and admitted that their vegetable farms were above the water tanks of the communities of Dacudac and Banata. Further, pictures taken within their farm showed containers of pesticides, fungicides, herbicides and chemical fertilizers.
A witness, Abner Shontogan, Engineer III, Chief of Survey Control Section of DENR-CAR, was also cross examined during the court proceedings in favor of Palid and Ngawa. He testified that on the face of the Land Titles of Palid, Ngawa and other respondents, the parcels of land were located in Balili, Mankayan, Benguet. However, on cross examination, he admitted being aware that the DENR-Mountain Province has issued a certification that the vegetable farms of the respondents were ascertained to be outside of the Alienable and Disposable Zone and found to be within the forest land under Land Classification Map No. 1136 dated February 2, 1935 and certified as such by the Director of Forestry.
On July 19, 2016 a Permanent Environmental Protection Order was issued to stop and prevent anybody from engaging or continuing to engage in vegetable gardening or any illegal farming activity including clearing and cutting of trees in the subject forestland/watershed at Sitio Bellang in Dacudac, Tadian, Mountain Province. The order has yet to be violated by private individuals hence the community decided to build a guardhouse and hire a forest guard specifically to safeguard the long disputed forestland.
Construction of the guardhouse is still ongoing.** OCBARIS
