Republic of the Philippines

Province of Davao Oriental

Office of the Secretary to the Sangguniang Bayan
2F Legislative Building, Aguinaldo St., Lupon, Davao Oriental
Tel. No. (087) 808-0344; E-mail: [email protected]; [email protected]

PUBLIC HEARING
February 27, 2017 and April 25, 2017 at the Sangguniang Bayan Session Hall
Committee on Agriculture
Chairperson : Hon. Juan A. Maralit, Jr.
Vice Chairperson : Hon. Harold A. Montes
Members : Hon. Gina Y. Libre
Hon. Santos Q. Alonzo, Jr.
Hon. Kasan P. Suso

Guests: ( See attendance sheet hereto attached.)

Time Started: 2:01pm and 9:47 am on February 27, 2017 and April 25, 2017,
respectively
Adjournment: 3:53pm and 10:40 am on February 27, 2017 and April 25, 2017,
respectively

MINUTES OF THE PUBLIC HEARING ON DRAFT MUNICIPAL ORDINANCE NO.

2017-02, ENTITLED: AN ORDINANCE REGULATING THE COVERAGE
PRODUCTION AREA OF CAVENDISH BANANA PLANTATIONS IN THE
MUNICIPALITY OF LUPON, DAVAO ORIENTAL.
Authored by Hon. Juan A. Maralit, Jr.
Chairperson, Committee on Agriculture

February 27, 2017 Public Hearing:

1. The Hon. Juan A. Maralit, Jr. called the meeting to order.

2. The public hearing started with a prayer and singing of the national anthem thru
cadence.

3. Ms. Myra Lilibeth B. Lim, Local Legislative Staff Assistant II, acknowledged the
presence of the guests present.

4. Personnel or any representative from Tagum Agricultural Development Co., Inc.

(TADECO)/ANFLOCOR Group of Companies was not present during the
committee hearing, albeit they were invited; therefore, the committee decided to
call for another public hearing, this time making sure that the representative from
the Tagum Agricultural Development Co., Inc. (TADECO)/ANFLOCOR Group of
Companies will be around.

5. The Hon.Maralit, Jr. explained that the draft ordinance was crafted because of
the following:
a. To protect the sustainability of rice production in this municipality;
b. To protect the irrigable areas covered by Lupon Irrigation System from
encroachment by Cavendish Banana Plantations;
c. To avoid constraints in the development of areas identified as residential
and commercial expansion areas in the revised Comprehensive Land
Use Plan (CLUP) of this municipality; and
d. To avoid restrictions in the future expansion of urban centers towards
other barangays outside Poblacion.

6. Barangay Kagawad Raul Abay-Abay of Barangay Tagboa suggested that a

creation of buffer zone of two hundred to three hundred (200-300) meters away
from residential and institutional area must be included in the ordinance; the
buffer zone will protect the people from the aerial spray.
Minutes of Draft Municipal Ordinance Nos. 2017-02
Committee on Agriculture
Page 1 of 4
7. Punong Barangay Joel S. Cabahug of Barangay Tagboa manifested that in their
barangay banana plantations are located not closer than two hundred to three
hundred (200-300) meters from residential areas.

8. Engr. Arthur Dennis Larrobis from the National Irrigation Administration

Irrigation Management Office (NIA-IMO) in Barangay Bagumbayan, this
municipality, informed the body that the banana plantations, like TADECO, have
their own policy on buffer zone, which sometimes, is not observed.

9. Engr. Larrobis also informed the participants that they experienced some
difficulties in maintaining the irrigation system because there are farmers
gardening along the irrigation canals.

10. The Hon. Gina Y. Libre suggested that an intensive information dissemination
should be conducted for the farmers to understand the importance of irrigation
system maintenance.

11. The Hon. Maralit, Jr. explained that the barangay government, which is more
knowledgeable of the welfare of their respective areas, has the right to deny
establishments of banana plantations through this ordinance. (SECTION 5.
EXEMPTIONS)

12. The Hon. Maralit, Jr. informed the body that the barangay councils should craft
an ordinance identifying the residential, institutional and barangay site of their
respective barangays.

13. Mr. Robert R. Simbahon, representative from the Mayors Office, added that the
determination of the different areas as buffer zone may be included in their
Barangay Land Use and Development Plan.

14. Mr. Narciso J. Samar, the Municipal Environment and Natural Resources Office
(MENRO) Coordinator, informed the body that prior to the start of TADECO
operation, a Multi-Partite Monitoring Team (MMT), composed of people from the
Local Government Unit (LGU) of Lupon, Davao Oriental, Department of
Environment and Natural Resources (DENR) Regional Office XI, and other
concerned agencies, was created and tasked to oversee the operation of the
banana plantation; Mr. Samar is part of the MMT.

15. Mr. Samar also informed the body that the MMT already conducted an ocular
inspection and monitoring sometime in November 2016 but a copy of the report
was not furnished; he then suggested to the herein committee for a resolution
requesting the TADECO for such report.

16. As a rejoinder, Hon. Cabahug said that the MMT already conducted two (2)
monitoring/inspections but until now no report nor copy of the report is furnished
to concerned agencies.

17. Mr. Samar also suggested on a legislative measure regarding the protection of
Sumlog River, more particularly its reef to ridges management.

18. Hon. Cabahug opined that violation of the Labor Code is observed among the
TADECO employees; they are asked to assemble at 4:00 oclock in the morning
but such assembly is not yet counted as start of their working hours; official
starting time of working hours is at 6:00 oclock in the morning.

19. Hon. Cabahug said that employees, especially those assigned at the distribution
of fertilizer, start working before the official time in order for them to meet with
the target quota set by the management.

Minutes of Draft Municipal Ordinance Nos. 2017-02

Committee on Agriculture
Page 2 of 4
 20. Hon. Cabahug also said that in TADECOs operation for two (2) years, until now
no employee is given a permanent position.

21. Hon. Cabahug further said that the operation of TADECOs heavy equipment
affected the provincial roads going to the hinter most barangays of this
municipality; TADECO did not extend assistance in the maintenance of such
roads.

22. This manifestation was seconded by the Hon. Rene M. Ravelo, Punong
Barangay of Magsaysay, this municipality; he added that single motor vehicles
have difficulty in maneuvering along the said roads.

23. Hon. Ravelo also said that because of the unobserved buffer zone, aerial spray
caused skin itchiness and rashes to the constituents of Barangay Magsaysay.

24. Mr. Simbahon opined that such complaints may be aired out thru the MMT; such
complaints should be in written form preferably as a position paper.

25. The Public Hearing adjourned at 3:53 pm, on motion of the Hon. Gina Y. Libre,
duly seconded by participants present.

April 25, 2017 Public Hearing:

26. Mr. Samarsuggested that the Buffer Zone range in radius, must be specified in
order to also give protection to the water bodies and other natural resources;
although the definition given is correct, but it is very vague.

27. Engr. Larrobis said that there is a buffer zone indicated in the Environmental
Compliance Certificate (ECC), which is a document required before the issuance
of the business permit of banana growers.

28. Mr. Samar manifested that he already requested the ANFLO for a copy of their
ECC, but it was not furnished until now; the ECC will be his guidance and
reference to check the companys level of compliance.

29. Mr. Samar added that he will require an Environmental Management Plan (EMP)
from all the permitees and applicants in the future.

30. According to Mr. Christopher S. Resuera, representative from the ANFLO

Banana Corporation, they already furnished a copy of the ECC to the Office of
the Mayors Office during the administration of the Hon. Domingo A. Lim; but he
still assured that they will furnish a copy to Mr. Samar.

31. Engr. Larrobis said that the draft ordinance must be studied thoroughly in order it
will not contradict with the Comprehensive Land Use Plan (CLUP) of this
municipality, which is under revision.

32. Mr. Simbahon said that this ordinance is crafted in preparation of the CLUP; this
will serve as guide in the protection of the identified residential zone.

33. Mr. Resuera informed the body that before their land acquisition, they make sure
that they study the area first.

34. Mr. Resuera said that only their Barangay Tagboa area is affected by the
residential area; but those are temporary residence since the homeowners are

Minutes of Draft Municipal Ordinance Nos. 2017-02

Committee on Agriculture
Page 3 of 4
 not there all the time, they just visit the place once in a while because of their
farmland.

35. The Hon. Maralit, Jr. informed the body that the ANFLO Banana Corporation is
already informed that an area with more than ten (10) houses will be considered
as a residential area.

36. Punong Barangay Anwar B. Garuda of Ilangay, this municipality, manifested that
if possible, he will choose to have his barangay as a residential area.

37. Mr. Rasuera said that only a portion of Barangay Macangao and a portion of
Barangay Ilangay will be covered by their banana plantation.

38. The Hon. Kasan P. Suso said that all the permitees and applicants must state
their Corporate Social Responsibility (CSR) programs.

39. Mr. Archie P. Capoy from the ANFLO Banana Corporation said that they have
CSR program; coordination with their company is needed to view and avail such
program.

40. Mr. Capoy further said that they will review their ECC to check the identified
buffer zone because he finds that the draft ordinances specified two hundred
meters to three hundred meters (200m-300m) radius is too wide.

41. Engr. Larrobis suggested that the buffer zone for aerial spray must also be
identified because as far as he knows, some aerial medicines are hazardous to
human and animal health, especially when it is sprayed in double dosage.

42. Mr. Capoy said that ANFLO Banana Corporation does not administer double
dosage; he further said that they only administer fungicides, which is not
hazardous.

43. There being no more business to transact,the Public Hearing was adjourned at
10:40 am, moved by theMr. Narciso J. Samar, duly seconded by participants
present.

Certification:
I hereby certify that the foregoing Minutes of
the Public Hearings conducted on February 27,
2017 and April 25, 2017 is true and correct to
the best of my knowledge and ability.

MYRA LILIBETH B. LIM

Local Legislative Staff Assistant II

Minutes of Draft Municipal Ordinance Nos. 2017-02

Committee on Agriculture
Page 4 of 4