DENR stops BCDA patent application

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Sunday, August 3, 2014

THE Department of Environment and Natural Resources (DENR) stood by the Baguio City Government in not finalizing the application of a special patent in favor of the Bases Conversion Development Authority (BCDA) covering Camp John Hay.

In a letter of DENR-Cordillera Administrative Region OIC-Regional Director Paquito Moreno Jr. addressed to the Land Management Bureau-Manila last week, it stressed the Completed Staff Work (CSW) needed for the issuance of a special patent over Camp John Hay reservation could not be finalized due to the standing Baguio City Resolution 362, series of 1994, which sets the 19 conditionalities in the turn-over of CJH to BCDA.

"The segregation of the 14 barangays within CJH reservation which includes Green Water, Country Club, Upper Dagsian, Lower Dagsian, Sta. Escolastica, Hillside, Happy Hollow, Loakan Apugan, Atok Trail, Loakan Proper, Camp 7, Loakan Liwanang, Lucnab and portions of Outlook Drive is not yet implemented," Moreno said.


"Relative to the segregation process, it is paramount importance to delineate the boundaries of the respective barangays through conduct of segregation survey and determine which of these barangays are untitled and which are covered by titles," he said.

Condition Number 14 of City Resolution 362 mandates the BCDA to exclude all affected barangays from the John Hay reservation.

"It is an institutional policy that a presidential proclamation is required for the segregation of untitled barangays," Moreno said citing once the untitled barangays are segregated, the DENR being the sole authority in the disposition of public lands, will take the lead in disposing the lot covered by these barangays pursuant to the provisions of the Public Land Act.

Moreno also said, “It is also necessary that the ERDS-DENR area be segregated from CJH reservation stressing their research and development activities has been done in the area since the 1970’s, even before BCDA existed, hence the matter should also be addressed.

Furthermore, DENR said Camp John Hay, by its origin and use, is exclusively military. Even with its incidental Pine stands and well maintained hydrologic conditions, it may be assumed the status of a veritable watershed, still it is a military reservation in the absence of an act reclassifying the same.

Finally, the letter also states the BCDA has yet to submit the requirements stipulated under MC. No. 28, series of 1993 and DAO No. 97-02.

The move of the DENR strengthened the resolve of the city government appealing to the BCDA compliance with the 19 conditionalities for the development of the facility.

The mayor directed the city legal office to study the filing of a case for specific performance against the BCDA for breach of the conditionalities set under Resolution Numbered 362, series of 1994 recently.

The city government has since appealed to the BCDA to honor the 19 conditionalities but to no avail. (Paul Rillorta)

Published in the Sun.Star Baguio newspaper on August 04, 2014.

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