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By Bohol Chronicle

Opponents of the proposed offshore reclamation in Panglao Bay are now demanding provincial lawmakers to nullify the joint venture agreement forged by the previous administration with private investor Oasis Leisure Islands Development Incorporated (Olidi).

Casting doubts over the terms and provisions of the Joint Venture Development Agreement (JVDA), oppositors say the provincial government should immediately act to cancel the deal or "fall prey to a daylight swindle".

Lawyer Raul Barbarona pointed out that the JVDA is blatantly irregular with ambiguous and unclear terms that until now, reclamation proponents and Capitol officials have not presented for public scrutiny.

"Why would the provincial government agree to be a partner with a private group on such an ill-conceived plan?" Barbarona demanded.

Barbarona, the executive director of the Environmental Legal Assistance Center (Elac), indicates that the contract should have not been entered into by the provincial government in the first place considering they have "no basis of forming a partnership with the investor on a venture that is still dependent on results of environmental studies".

He explained that Olidi should have first conducted the environmental studies and secured the necessary clearances before entering into a joint venture with the provincial government.

Instead, Barbarona further clarified, the previous administration prematurely partnered with Olidi, in effect, lending the private group a "legal personality" which also "guaranteed the investor that it was bearing the interest of the provincial government in dealing with the Department of Environment and Natural Resources (DENR) and the Philippine Reclamation Authority (PRA) for the approval of its application to build man-made islands in Panglao Bay.
         

"The previous administration was hoodwinked by the lure of millions of pesos as its commission if the reclamation pushes through even with the raging environmental and social issues at the time the terms of the JVDA was being deliberated upon by the legal team of then Governor now 2nd Distritct Rep. Erico Aumentado and likewise at the Sangguniang Panlalawigan," Barbarona stressed.

Based on the JVDA, the provincial government is guaranteed P1-million for every hectare of land reclaimed by Olidi in Panglao Bay. Olidi initially estimated to reclaim some 400 to 600 hectares divided into five islets of prime real estate without any outlays from provincial funds.

However, Barbarona explained, the commission that is being offered by Olidi actually represents the provincial government's share in the joint venture and the payment of which by the investor would be a complete "buy-out or outright purchase" of the province's stake in the reclamation.

Barbarona said this scheme entirely transfers ownership of the man-made islets to Olidi and its developer-partners without even giving due consideration if the P1-million per hectare of reclaimed land is a fairly calculated share of the province when the private investors are expected to profit billions of pesos from proceeds of selling the real estate project.

Besides, under our laws, selling of reclaimed lands will require congressional approval as no private entity is also allowed to reclaim except in joint venture with the government. Consequently, selling the provincial government's entire stake to the private developer (Olidi and its investors) would have legal implications.

He added that the provincial government should have studied well the transaction before signing the joint venture agreement.

"They have everything figured out backwards. How could they establish the joint venture when their agreement itself has provision that that project will not push through if results of the environmental assessment would show Panglao Bay is not suitable for reclamation?" Barbarona questioned.

MORE OPPOSITION

Last week, three issues were also raised by David Bailley, president of Panglao Association of Nature Advocates (Pana), citing the legality of the JVDA, the financial capacity of Olidi and environmental impact.

Interviewed over "Inyong Alagad" of Station dyRD, Bailley cited data provided by scientists who surveyed the marine ecology status of Panglao Bay last January 27 which pointed out the disturbance that will be caused by building artificial islands in Panglao Bay to the tidal course not only in Panglao Bay but the entire ebb and flow from Surigao to the Sulu Sea.

The migration paths of whales and dolphins will likewise be affected, according to the scientists, as the tidal flow is related to the "breeding and feeding" patterns of marine life.

According to the scientists, the Panglao Bay area, although shallow, is where marine life thrives as it is an ideal nursery for all sorts of fish.

Bailley also told Olidi officials to seek approval from barangay authorities that will be affected by the planned reclamation instead of sidestepping them and getting the approval of higher government offices.

He insisted that Olidi should respect the resolution of the Sangguniang Bayan of Panglao expressing their opposition to the project while stating his doubts over the financial capacity of Olidi to complete the multi-billion project.

Meanwhile, Angeles Valdez, chairman of Nagdupa (Nagkahiusang Doljoanon sa Panglao), said the whole Panglao Island could turn into a major environmental disaster if the government approves the huge reclamation, saying the destruction of marine environment and biodiversity is inevitable.

"Our opposition to reclamation is the legitimate stand of Panglao fisherfolks, whose rights to our natural resources and livelihood should primarily be protected," said Valdez whose organization have expanded to barangays Poblacion and Danao in Panglao with hundreds of fiherfolk members.

According to Valdez, officials and the proponents should draw lessons from the privatization and reclamation in other provinces and even in cities.

Valdez added they had to organize their fellow fisher folk to protect their interests as marginal fishermen in the municipality against the interest of business groups who want to reclaim their fishing grounds.

The local fishers' opposition is echoed by the fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) saying in a press statement that profits should not take precedence over the livelihood of small fishers.

"These man-made islands will be put up where we catch fishes. Kung maitayo na ang mga 'yan, lalo kami papalaot, lalo naming ilalagay sa panganib ang mga buhay namin," Pamalakaya chair Fernando Hicap said.

Hicap said the government will be engaging in "all-out destruction" of Panglao's geography if it pushes through with the creation of the artificial islands.

"The construction will stir up so much silt that coral reefs and other creatures will be asphyxiated or chased away. Eventually, fishes will die or find new habitats," he explained.

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