City Councilor Nerio “Butchie” Zamora II said in an interview during the Open
Forum radio program at station DYTR on Wednesday, December 20 that the
Sangguniang Panglunsod (SP) cannot revoke the original proponent status
granted to the Tagbilaran Waterfront Development Corporation (TWDC).
Zamora, a long-time law practitioner and the Chairperson of the Committee on
City Planning and Public Lands, explained that the SP cannot grant the request of
the Tagbilaran Baywatch group to revoke the original proponent status granted by
former Mayor John Geesnell “Baba” Yap, which was later confirmed by the
present council, because the said act is an exercise of the mayor’s executive
power.
It can be recalled that the proposed reclamation project has drawn flak among the
environmentalist group and the Tagbilaranons due to the permanent and adverse
impact of the project on the marine ecosystems and the environment in general.
After a series of public consultations, Mayor Jane Yap held a press conference on
November 24, 2023 where she announced that she would not pursue any and all
activities related to the proposal, taking heed of the voice of the Tagbilaranons
and of Bishop Abet Uy who also strongly opposed the project.
During the press conference, Vice Mayor Adam Relson Jala was present and
promised that the SP would take action in line with the Mayor Yap’s
pronouncement.
The Tagbilaran Baywatch group welcomed the unexpected announcement by the
mayor and the vice mayor.
However, during the SP meeting held on December 1 which was attended by
representatives of the Tagbilaran Baywatch, the SP only consigned the issue to
the archives for being “moot and academic.”
This prompted the Tagbilaran Baywatch group to issue a position paper saying
that the issue is not yet “moot and academic.”
“It bears emphasis that it was the SP resolution which gave the mayor the
authority to accept the proponent’s proposal and another SP resolution giving the
mayor the authority to negotiate with the proponents. These resolutions remain
subsisting. Thus, anytime, the mayor could change her mind and proceed with
the process without having to get another authorization from the SP”, the
Tagbilaran Baywatch group ratiocinated.
In an updated position paper published in the Bohol Tribune in its December 10-
16 issue, the Tagbilaran Baywatch asserted that the consignment of the issue by
SP to the archives for being “moot and academic” is an implied revocation of the
resolution granting the City Mayor the authority to ratify the acceptance of the
“unsolicited proposal” of the TWDC to reclaim 153 hectares of Tagbilaran bay, the
resolution granting the City Mayor the authority to negotiate with the proponent,
and all prior resolutions.
“We are, therefore, enjoining the SP to make an unequivocal clarification
regarding the matter so as not to leave any doubt, confusion, and
misinterpretation of the official stand of the city government. We also need such
clarification for our proper guidance,” the Tagbilaran Baywatch expounded in its
position paper.
According to Zamora, the group insisted during the their session on December 15
that the city council must pass a resolution revoking the action of former Mayor
Baba Yap granting the status of TWDC as original proponent.
He narrated during the interview that the SP originally referred the group’s request
jointly to his committee and the Committee on Health, Sanitation and
Environmental Protection chaired by Councilor Malvin Misael “Atoy” Torralba in
order to discuss the matter thoroughly, but later the issue was referred to the
Committee of the Whole. The group’s representatives led by Atty. Esther Gertrude
Biliran strongly exhorted the SP to pass the resolution during that same session.
Councilor Zamora explained that the referral to the committee is the usual practice
of the SP so that issue could be discussed thoroughly. Part of the process is to
listen to the side of the Executive or even the proponent, and this can be explored
at the committee level.
But ahead of the committee deliberation and the SP’s action on the request,
Zamora told the Open Forum in the vernacular, “Sa among kabahin ma’am full
support gyud mi part sa among kabahin kay end nato na issue. Natinga mi kay
nakadawat mi ug suwat gahapon nga nganong naa paman ni gihapon, mo insist
na klaro naman gyud kayo ang declaration ni Mayor Jane na dili na jud siya
mocontinue so para namo gud is nahuman nani siya na issue. Daghan pa kayo
tag issues ug other concerns sa lungsod na like sa atoang informal settlers, mga
drainage, daghan pa gyud ta kayo ipang discuss unya nakurat lang mi naa pa
man gihapon ni na para namo na nahuman naman ni na issue kay klaro naman
kayo ang declaration ni Mayor Jane.”