Pangilinan’s Cagayan de Oro Bulk Water Incorporated (COBI) has given the COWD only until March 31 to pay a disputed debt of over P400 million, representing the increase in the former’s rates in 2021. 

COWD has refused to acknowledge the increase and debt, invoking a force majeure provision in their contract because 2021 was part of the COVID-19 pandemic period.

Engineer Antonio Young, COWD general manager, said they wrote to COBI on Wednesday, March 13, proposing to discuss with the firm “problematic provisions” in the contract, to ensure a “continuous partnership.”

The contract was signed in 2017, long before Young became the COWD’s general manager.

The COWD, in the letter, sought to address COBI’s notice of water disconnection to the water district.

According to Young, among the provisions they want to amend is the implementation of frequent water rate increases, saying that these should be “contingent” to the rate adjustments of COWD. 

“This is to keep pace, to prevent the bankruptcy of the water district,” Young told a fact-finding committee organized under the Cagayan de Oro Special Task Force for Water Supply and Distribution.

Under the COWD-COBI agreement, the supplier can adjust the rates every three years based on the average consumer price index. 

Young said they could not easily implement a rate adjustment, considering the lengthy procedure they need to follow, which includes the conduct of public hearings and getting the approval of the Local Water Utilities Administration (LWUA). 

Serious questions have been raised on the COWD-COBI contract after the supplier increased its rates in 2021, from P16.60 to P20.57 per cubic meter. 

On January 1, COBI increased its rates again to P24.19 per cubic meter. That, too, was not acknowledged by the COWD.

The COWD said it has continued to pay COBI P16.60 per cubic meter.

Only a court order, according to Young, can compel the COWD to acknowledge and pay the disputed debt.

He said the COWD has no legal basis to pay COBI more than the P16.60 rate.

The COWD said it also wanted to amend a contract provision where COWD needs to pay COBI for their water bills within 10 days from the date of receipt of billing.

Young said the COWD would need more time given the processes it follows. The COWD said a 60-day period would be reasonable.

The COWD is a government-owned and -controlled corporation, subject to the state’s accounting and audit rules. 

Young said they also want to rid the contract of the provision about the imposition of a penalty of 6% interest per year for COWD’s delayed payments of COBI’s billings, saying it is not allowed in government transactions. 

Also, the COWD sought to change the arbitration clause in the 2017 contract so disputes could be settled in Philippine courts. The contract provides for a costly arbitration in Singapore, based on the rules of the Singapore International Arbitration Centre. 

Lawyer Roberto Rodrigo, COBI legal counsel, told the ad hoc committee on March 7 that they were open to negotiations “to settle the issue amicably” with COWD. – Rappler.com

Manuel Lamata, president of the United Sugar Producers Federations of the Philippines (UNIFED), stated that around 100,000 hectares of sugarcane fields have dried up in Negros alone due to the dry weather conditions caused by the El Niño phenomenon.

Edna Sobrecaray, Southern Negros coordinator of Task Force Mapalad (TFM), called on the government on Tuesday, March 12, to act swiftly because sugarcane fields in Negros have started to dry up.

TFM is one of the largest groups of agrarian reform beneficiaries (ARB) in the country, claiming to have more than 4,000 ARB-member beneficiaries in Southern Negros alone.

The group’s national coordinator, lawyer Armando Jarilla, highlighted that farmers were rapidly losing money and barely had enough to pay for their loans due to the El Niño weather conditions.

“I hope that the government will hear our collective plea amid the dry spell,” said Sobrecaray.

Sugar Regulatory Administration (SRA) chief Pablo Azcona, in a news conference on Tuesday, announced that the agency had already allocated P66 million for mitigating measures for the sugar industry of Negros.

Maria Lourdes Almodiente, chief agriculturist for the Sugar Regulatory Administration (SRA), declined to comment on Lamata’s claim regarding the damage caused by the El Niño to Negros’ sugar industry.

“We are still in the process of assessing the damage, and hopefully, we can release our consolidated report soon,” Almodiente said.

Negros Occidental Governor Eugenio Jose Lacson reiterated his call for the Department of Agriculture (DA) in Region VI to commence cloud-seeding operations to mitigate the adverse impact of the dry spell, especially in southern Negros.

Lacson said the prolonged dry spell in Region VI had continued to wreak havoc, damaging 1,646 hectares of rice and corn plantations in 11 towns and cities in the southern part of the province.

As of the latest count, he said, at least 1,963 farmers were adversely affected, with their collective crop losses estimated at P77.7 million.

The worst-hit areas are the cities of Kabankalan, Himamaylan, and Sipalay, and the towns of Cauayan, Ilog, Hinoba-an, Valladolid, Hinigaran, Binalbagan, Moises Padilla, and Isabela.

Topping the list is Kabankalan with an estimated P41.7 million in crop damage across 13 barangays covering 978.98 hectares and affecting 1,214 farmers.

Following Kabankalan are the two nearby localities of Cauayan and Ilog with P14 million and P7.4 million in crop damage, respectively.

Water scarcity

In Himamaylan, six villages are now experiencing water scarcity, according to the Himamaylan City Disaster Risk Reduction and Management Office (HCDRRMO). These barangays include Cabadiangan, Nabali-an, Carabalan, Su-ay, To-oy, and Buenavista.

Himamaylan Mayor Raymund Tongson stated on Thursday, March 7, that they recorded 18,507 families, comprising 30,825 individuals, suffering from severe water scarcity.

In Bacolod City, water rationing, which started in February, continued in urban barangays.

Two zones in Ellorico, Barangay Mandalagan, are among the listed worst-affected areas of water scarcity in Bacolod.

Meanwhile, Bago, the top rice-producing city in Negros Occidental, remained unfazed by the dry weather conditions.

Engineer Isaias Melendez, division manager of the Negros Occidental Irrigation Management Office (NOIMO), said the Bago River Irrigation System (BRIS) still has enough water supply to irrigate rice fields in Bago and the rice-producing towns of Valladolid, Pulupandan, Murcia, and San Enrique, and La Carlota City.

Bago Mayor Nicholas Yulo said the city government was ahead of the curve because they had implemented viable and sustainable rice farming measures as early as 2023.

In Moises Padilla town, Mayor Ella Celestina Garcia-Yulo said they had made an emergency purchase of equipment needed to immediately irrigate rice farms in their area.

Lacson said the provincial government would provide financial assistance to the affected rice and corn farmers in Negros Occidental. – Rappler.com

Marcos zeroed in on the subject after he was asked by German Chancellor Olaf Scholz about his administration’s efforts to address the drug menace, according to a report from state-run Philippine News Agency.

He claimed that the Philippine National Police has been reorganized, and that some erring cops have been put behind bars.

“It’s a big problem, but our approach has changed significantly,” Marcos told Scholz during their meeting in Berlin on Tuesday, March 12.

“I am diametrically opposed to handling the drug problem in that way, by confrontation, by violence,” he added. “It really requires so much deeper understanding on the problem and the much deeper solution. So, yes, I think that we are also progressing when it comes to that.”

The Duterte administration logged 6,252 individuals killed in police operations under its drug war. Human rights groups, however, put the number at up to 30,000, including victims of vigilante-style killings.

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Duterte’s violent war on drugs, as recorded by rights groups, int’l bodies

Drug-related killings, however, did not go to a complete halt under the Marcos administration.

The Dahas project of the UP Third World Studies Center said it has monitored at least 342 drug-related killings in the first year of the Marcos presidency, including 115 killed during anti-illegal drug operations by state agents.

Shadow of ICC

The human rights abuses under Marcos’ predecessor was widely condemned by the international community.

Germany was, in fact, among the many countries that flagged Duterte’s anti-narcotics campaign during its peak.

Duterte is also being investigated by the International Criminal Court (ICC) for the bloody drug war, but Marcos, for the most part, has said his administration will not cooperate with the probe.

He reiterated this during his meeting with Scholz, who asked about the status of the tribunal’s investigation.

“It’s really a question of jurisdiction and we have our own investigations and we’re capable of conducting our own investigations and, so we are, we are continuing to do so,” President Marcos told Scholz, according to a press release from Malacañang.

“But as a matter of principle, it is very difficult for the Philippines to accept that an outside court will, shall I say, dictate to our policemen, ‘who they will investigate, who they will arrest and who will say, that hey, because we don’t need that advice’,” he added. 

Marcos won the presidency in 2022 with Mr. Duterte’s daughter – Vice President Sara Duterte – as his running mate. The two political families have deep ties that bind, although the relationship between the former president and his successor has taken a turn for the worse in recent months.

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Critics say the Marcos administration’s continued disengagement from the ICC highlights his doublespeak on human rights. – Rappler.com

“She was feeling better already. She no longer has a fever,” Marcos told reporters in a mix of English and Filipino during his working visit in Germany on Wednesday, March 13.

Marcos, who last week said that his mother was already “on the path to recovery,” disclosed on Wednesday that Imelda’s doctors opted to keep her under their care until she finishes her prescribed course of antibiotics. 

The widow of late dictator Ferdinand Marcos Sr. is scheduled to be discharged from the hospital on Thursday, March 14, the President added.

Imelda’s daughter, Senator Imee Marcos, first disclosed on March 5 that their 94-year-old mother was brought to a medical facility after bouts of coughs and feeling feverish.

The following day, Malacañang refuted rumors that Imelda had died.

The Marcos family matriarch – who is turning 95 in July – has had numerous health issues.

After the Sandiganbayan slapped her a graft conviction in 2018, she cited the following illnesses in her plea to post bail:

• diabetes mellitus type 2
• hypertension and atherosclerotic cardiovascular disease
• static ministrokes
• sensorineural hearing loss
• chronic recurrent urinary tract infection
• chronic recurrent gastritis
• multiple colon polyps
• recurrent respiratory tract infection

In May 2023, she underwent a successful angioplasty procedure. – Rappler.com

The COA en banc, in a decision released earlier in March, granted the appeal of former Pagcor officials  led by former chairman Cristino Naguiat Jr. filed on April 22, 2014.

The COA made the decision after the former Pagcor officials addressed the issues that prompted the notice of disallowance – the lack of approval from the Office of the President and the deficient documentation on the confidential and intelligence activities.

In granting the appeal, the COA Commission Proper cited the letter of the executive secretary dated April 18, 2012, stating that it had approved Pagcor’s requests for funding of P281.17 million in 2011 and P277.32 million in 2012 in connection with the “Save The House” project.

“This Commission finds the appeal meritorious. Finding substantial compliance with the documentary requirements under COA Circular No, 2003-002, this Commission concludes that the PAGCOR’s utilization of its CIF is proper,” the COA said.

The COA had issued the notice of disallowance against Pagcor in 2013, and held liable Naguiat, Estela Ramos, Byron Tabangay, Michael Bailey, and Vidal Cabigon Jr.

In their supplemental motion seeking a reevaluation of the notice of disallowance, the former Pagcor officials said the Save the House projects were done through three main operations – Terrier, Aquarius, and Butete – but confidential details were withheld as allowed under COA Circular No. 2003-002.

The Terrier operation involved the rental of safe houses, recruitment of (human intelligence informants), purchase of information, police augmentation in all casinos, and upgrading of surveillance video equipment.

The Aquarius operation covered the recruitment of Korean nationals as assets, inter-agency coordination with the National Bureau of Investigation and Philippine National Police intelligence units, and the travel expenses of a team deployed to Macau to coordinate and verify a card skimmers group operating in the country.

Operation Butete sought to identify Pagcor personnel who connive with other individuals in illegal activities, as well as the recruitment and training of surveillance personnel, recruitment and support for civilian assets, build-up of intelliggence networks, and training and equipment of personnel for detection of illegal online gaming. – Rappler.com

Armed men threatened to shoot Rappler reporter Joann Manabat for taking videos of the scene, while members of the demolition team confronted K5 News FM anchor Rowena Quejada and took her belongings, according to the National Union of Journalists of the Philippines (NUJP).

The regional office in Central Luzon of the CHR has dispatched a quick response team to look into the incident.

“As an independent human rights institution, the commission actively condemns all acts of violence against journalists as these negatively impact the situation of press freedom of the country and may lead the Philippine democracy towards decay,” the commission’s statement read.

“We stress the crucial role of the media in the upkeep of the information flow across all Filipinos. Any threats which may deter them from fulfilling their duty is a clear violation of the freedom of the press,” the CHR added.

The Central Luzon Media Association (CLMA) – of which Manabat and Quejada are members – also decried the harassment endured by their colleagues.

The organization called on President Ferdinand Marcos Jr. to ensure protective measures for journalists from groups that may threaten freedom of the press.

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“There is no justification to violence against media workers, nor any human being, merely performing their jobs legally and within the bounds of the law,” the CLMA said.

“In solidarity, CLMA will help ensure that the case will not be a mere addition to the statistics of the alarmingly growing cases of violence against media persons in the country. We will provide not only moral, but also legal, and other assistance as may be necessary,” the group added.

Tuesday’s incident took place at Sitio Balubad in Barangay Anunas, where some 2,000 residents have been fighting to keep their ownership of the land that is currently being claimed by Clarkhills Properties Corporation. 

A violent demolition operation broke out, and the ensuing gunfire wounded at least five people.

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Police said they arrested two persons carrying firearms at the demolition operation.

Quejada was initially reported missing after covering the demolition. She was found safe later the same day, with the NUJP saying a Japanese national helped her and hid her inside his home until tensions eased.

Meanwhile, the management of K5 News FM Philippines based in Bacolod City also called on authorities to conduct an investigation into the threats to media by armed during the Angeles City demolition.

“Rowena Quejada is our anchorwoman/peporter, and she was simply doing her job as a member of the fourth estate covering the demolition of houses at Sitio Balubad, Barangay Anunas, Angeles City,” said K5 News FM Philippines’ network operations manager Eljohn Castaño in a statement.

Castaño added that “a civilian who was near the area saw that Ka-K5 Weng was being harassed by still unidentified persons as she was in the Frontline covering the demolition who hurriedly gave her support and hid her in a safe space.” – Rappler.com

Pura has scored a key win so far: a resolution by a Tacloban prosecutor saying that the performance, if taken as a whole, has “serious  literary, artistic, political or scientific value.”

Now, Pura has become a symbol of resistance against “these archaic laws.”

Justice reporter Lian Buan talks to Pura in this episode of Rappler Talk, airing 4 pm on Thursday, March 14. – Rappler.com

On Wednesday, March 13, the House approved Resolution of Both Houses No. 7 on second reading. This contains proposals to amend constitutional provisions on the Philippines’ public utilities sector, education, and advertising.

Lawmakers appear to be on schedule with their plans, just as House Deputy Majority Leader and Mandaluyong City Representative Neptali “Boyet” Gonzales II earlier said.

What does this mean? Can the second Marcos administration really pull off proposed amendments, and succeed in dancing the Cha-Cha?

Joining this episode of In the Public Square with John Nery to discuss these questions are Rafaela “Paeng” David, president of the Akbayan party, and Leon Flores III, secretary-general of Aksyon Demokratiko.

Watch the episode here on Wednesday at 8 pm. – Rappler.com

According to a statement published on his Facebook page by account administrators, the first-term congressman passed in the wee hours of Wednesday morning. No details were given on the cause of his death.

“Sa maiksing panahon na siya’y ating naging congressman, sinikap niyang gawin ang lahat ng kanyang makakaya upang magdala ng liwanag, tulong, pagbabago, pagmamahal, at kalinga sa bawat isang Palawenyong kanyang sinumpaang tulungan,” the statement read.

(In the short time that he was our congressman, he tried to do everything in his power to bring light, help, change, love, and care to each Palaweño that he swore to serve.)

The first congressional district of Palawan is the second district in the province to be left vacant due to the incumbent congressman’s death under the 19th Congress. Palawan 3rd District Representative Edward Hagedorn died in October last year and House Speaker Martin Romualdez has since been the caretaker of Hagedorn’s congressional district.

The House has yet to designate someone to be caretaker of Palawan’s 1st District. It is unclear if the Commission on Elections will hold special elections to fill the vacancy left by Salvame, who had a little over 14 months left in his term.

Previous vacancies at the lower chamber have had Romualdez as caretakers of these districts.

Work at the House

Salvame was on his first term as congressional district representative. He ran under the People’s Reform Party in the 2022 polls.

He is part of seven House committees: vice chairperson of the committees on energy and land use, and a member for the majority of the committees on natural resources, public works and highways, suffrage and electoral reforms, tourism, and veterans affairs and welfare.

Most of his principal authored bills concern tourism, but these don’t just focus on Palawan, which is among the country’s top tourist destinations. He was among the principal authors of bills proposing to make official ecotourism sites and destinations in several parts of the country.

Romualdez mourned Salvame’s death, saying it is both a “personal loss” and “a huge loss for our community and the nation.”

“[He] was far more than just a fellow lawmaker,” the House leadership wrote. “He was a true advocate for Palawan, a devoted public servant whose compassion and dedication resonated deeply with those he represented.”

In a separate statement, the provincial government of Palawan said Salvame’s term as congressman “was marked by a persistent pursuit in fighting the welfare of the people.”

Senators Bong Go and Lito Lapid also extended their condolences following Salvame’s death. – Rappler.com

“In the case of the Captain’s Peak Resort, the DENR issued a temporary closure order last September 6, 2023, and a Notice of Violation to the project proponent last January 22, 2024 for operating without an ECC (environmental compliance certificate),” the agency disclosed in a statement on Wednesday, March 13.

The DENR added that as of Wednesday, its local officials have been instructed to check whether the resort was compliant with the closure order.

Speaking with Rappler, Captain’s Peak Resort administrator Julieta Sablas confirmed that their business establishment had received the closure order but that they were appealing the decision.

She also admitted that they are still in the process of obtaining an environmental compliance certificate.

Protected zone

As pointed out by the DENR, the Chocolate Hills were declared a protected area in 1997 by the administration of the late president Fidel V. Ramos.

“The declaration of the area as a protected area may impose certain restrictions or regulations on land use and development within the protected area, even for privately-owned lands,” its statement read.

The agency explained that such restrictions shall be detailed in the environmental impact statement prior to the issuance of an ECC, which the resort did not have.

Sablas said the property is located in Sagbayan town. According to the United Nations Educational, Scientific and Cultural Organization (UNESCO) website, the municipality is among the locations of the Chocolate Hills.

Sablas said her brother, Edgar Button, bought the property – around 5 hectares of land – in 2005 before starting development around 2018. About 2 hectares of the lot were made into a resort with a swimming pool and cottages. 

“Wala gyud mi nanghibalot sa Chocolate hills. Naa mi sukod sa patag nga naa sa regulation (We did not touch the Chocolate Hills. We have a measurement of the plane that is within regulation),” Sablas said. 

“Kung imung ianhi sa personal, kung naay muingon nga gihilabtan, dili gyud namo buhaton kay mahal pud namo ang Chocolate Hills (If you came here personally, if there are those that say we are defacing it, we can honestly say that we did not because we love the Chocolate Hills),” Sablas said. 

Outrage online

The story of the resort went viral after netizens shared content creator Ren The Adventurer’s social media post which showed an aerial view video of the property.

Gerard Jamora, a resident of Bohol, said in a social media post, “Giguba raman ninyo nang Chocolate Hills (You’re just destroying the Chocolate Hills).”

Another netizen from Cebu, Jerome Chavez, said that the resort was an “eyesore” and tagged the Department of Tourism on the viral video.

Their concerns have already reached the legislative branch.

Senator Nancy Binay called out the resort and the government agencies that allowed its development in the protected zone.

She said that the Protected Areas Management Board (PAMB) approved the proposal for the development and issued a resolution that endorsed its construction within the Chocolate Hills protected zone in the past two years.

“We want the DENR, PAMB, Bohol Environment Management Office, Provincial Environment and Natural Resources Office, and the local government units to explain as to why even with Chocolate Hills’ protected status, construction permits continue to be granted,” Binay added. – Rappler.com

Wenilyn Sabalo is a community journalist currently affiliated with SunStar Cebu and is an Aries Rufo Journalism fellow of Rappler for 2023-2024.