About a hundred families are at risk if the Tamburong Creek in Barangay Biak-na-Bato in La Castellana cannot be properly dredged before the advent of downpours after continuous rain last Tuesday led to the overflowing of the creek that entered homes near the river bed.
Tamburong Creek was once a deep free-flowing waterway until the eruption of Mt. Kanlaon. Lava, rocks and sand flowed into the creek, which has hardened into lahar and dredging of which will take a long time without national agencies coming in to help clear the waterway.
A video captured by Brgy. Kagawad Allan Tomaquin showed that water from the creek crept into the homes of nearby residents after a heavy downpour at around 6 P.M. Tuesday.
Department of Environment and National Resources NIR Assistant Regional Director, Engr. Joan Nathaniel Gerangaya said there is no need to secure their agency’s clearance to dredge the riverbanks as Negros Occidental Governor Eugenio Jose Lacson has already granted a “gratuitous permit” to dredge and deepen the Tamburong Creek.
However, Gerangaya said at the moment, “they can only dredge and make a pathway for the water and move the materials on the side of the riverbed” because hauling these materials out of the area is prohibited as part of the creek is situated within a protected area which is covered by the National Integrated Protected Areas System Act.
The DENR officer said that the Protected Area Management Board (PAMB) that has jurisdiction over the area has already presented a resolution allowing the dredging of the lahar. While we take into consideration that these dredge materials can flow back to the creek, the only option is to dredge it again and again as taking out lahar, sand, gravel and other materials from within the protected area is prohibited under the NIPAS law.
Gerangaya also said that their office can only provide technical advisory to PAMB and it will be up to the board to take our recommendation or not because the question foremost is whether the activity to be undertaken is within the bounds of law or not.
“There is no question of dredging. They can do it anytime without a permit from us. The issue now is removal and bringing out of those dredged materials because it can be perceived as quarrying and the law is very clear on that,” Gerangaya added.
He also said that if residents in the protected area which are considered tenured migrants need to use these materials to reinforce their homes, there is no prohibition at all unless they bring these out of the protected area.
This issue has been presented to the Office of the Civil Defense during a meeting in Camp Crame recently, citing considerations of the calamity that took place in La Castellana and they will have to wait for the clearance from the national government as actions being pursued might violate existing laws.