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Title/ Description:
19F00018 – Construction of Daet River Control, Brgy. Lag-on, Daet, Camarines Norte

Date: Started: Adjourned: Venue:

Brgy. Hall of Lag-
October 18, 2018 1:00 PM 1:25 PM on, Daet,
Camarines Norte
Meeting Presider:
Engr. Bernardo B. Orobia
Meeting Attended by:
Please see attached attendance
Absent from meeting:
DENR and PCA representative
1. Technical aspect
2. Right-of-Way aspect
3. Open forum
4. Other matters

The Project Affected Persons of Barangay Lag-on, Daet, Camarines Norte were gathered in their
Barangay Hall for the conduct of the consultation meeting.

Mr. Gumabao also explained that the said project is already included in the 2019 General
Appropriations Act. If this will not be implemented then the budget for the projects will be returned
back to the National Treasury.

Checklist were given to the PAPs for them to comply for possible claim for payments.

Agenda Item No. 1 Technical aspect

Mr. Amoroso Gumabao discussed the technical aspect for the said project.

The flood control project will start at Sta. 000 – Sta. 565. The total length of the project is 565
lineal meter or .565 kilometes. The project will be joined at the end of the existing dike.
The design will have boulders inside, ranging from .3 to .2 meter. Thereafter, there would be a
construction of a pile cap with routed riprap. There would also be a construction of structural
concrete with 12 mm. diameter, spaced at .30 both ways.

The height of the project is 7.10 meters.

Agenda Item No. 2 Right-of-Way aspect

Engr. Orobia explained that the primary objection of the implementation of this project is to ensure
the safety of the people. Without a structure for protection, there can be a change in the course of
the river and the safety of the people is affected.

He also explained that the project is part of the program “Build Build Build” of Duterte’s
administration. The government allotted funds for construction of better infrastructures for the
benefits of the Filipino people.

This project is considered as a national project and the only way to stop this project is through
Temporary Restraining Order issued by the Supreme Court.

Engr. Orobia clarified that the measurement of the easement shall be from the bank as provided in
Art 51 of the Water Code of the Philippines (RA 1067, January 1976) which states that shores of
seas within a zone of three meters in urban area, 20 meters in agricultural areas and 40 meters in
the forest areas are subject to public use. The discussed flood control project is within the 20 meters

Their barangay will fall under the category of agricultural. Therefore, if they construct a structure
within the 20 meters then they are violating the law. Article 91 of the Water Code of the Philippines
provides a penalty of a fine not exceeding three thousand pesos (3,000 php) or imprisonment for
not more than three (3) years, or both.

Agenda Item No. 3 Open forum

A male attendee said that he has observed that previously no consultation meeting was conducted
for projects implemented before.

Engr. Orobia explained that the consultation meeting that they are conducting and the certificate
of “no objection” signed by the Barangay Captain and the Mayor, are some of the requirements for
the application of permit to cut affected trees.

A Barangay Kagawad would like to clarify regarding the cutting of trees along the national road.

Engr. Orobia answered that there would only be cutting of trees within the Road-Right-of-Way and
the extent would be only up to the portion covered by the project.

Another male attendee asked what if they were the one who planted the affected trees.
Mr. Gumabao said that they do still do not own the said planted tree since the Water Code provides
an easement of 20 meters and anything within it is owned by the government and is reserved for
public use.

A male attendee shared the there was a concrete house constructed within the said 20 meters. He
said that it was already removed by the owner since they explained that it is a violation and their
safety is also at stake.

Another male attendee asked if they can request that there be a construction of stairs.

Engr. Orobia said that they may request the contractor to do so.
Agenda Item No. 4 Other matters

Mr. Gumabao explained the concern of the DENR and PCA. He said that there is a total log ban
implemented by the DENR. However, the DPWH is given a special tree cutting permit provided that
the office would accomplish the requirements of the DENR. They shall have “permit to cut” before
they can cut a tree. One of the requirements is the conduct of the consultation meeting and that
the residents in the barangay as represented by the Barangay Captain as well as the Mayor that
they do not interpose any objection to the cutting of the affected trees. The tree cutting shall only
commence only after the tree cutting permit has been signed. The DepEd shall be the first
beneficiary of the cut trees. The LGU may also request for it if ever they have projects that can
utilize the cut trees.

He further explained that for every tree that will be cut, 100 seedlings or saplings shall be replaced
and shall be planted on the designated place by the DENR. It shall be maintained by the office for
3 years with a survival ratio of 85%.

The checklist of requirements to receive compensation was explained by Engr. Orobia and a copy
given to the barangay.
There being no matter to discuss, the meeting was adjourned at
1:25 PM.
Review and Confirmation:

Prepared by: Reviewed by: Submitted:


Assistant Division Chief, Division Chief, Planning

Admin Assistant I Section Chief – ESROW Planning and Design Division and Design Division