THE 20TH city council passed on final reading of the ordinance declaring the Panigan-Tamugan Watershed and its territorial boundaries as a source-water protected area on Tuesday, Jan. 28, 2025.
Entitled “The Panigan- Tamugan Sub-Watershed Ordinance of 2025,” the ordinance is a bid to safeguard the watershed as the main surface water source of the city’s drinking water.
“It’s been two years since the lobbying started, and now that it is already approved, we can ensure the integrity of the watershed as the ordinance added more coverage in terms of violations and limited allowable activities,” Atty. Mark Peñalver told the reporters in a sideline interview during the regular session on Tuesday.
Peñalver, executive director of Interfacing Development Interventions for Sustainability (IDIS), highlighted that the watershed is a recharged area for the city’s aquifers and should be protected and managed for consumers’ full enjoyment.
The watershed covers areas situated within the jurisdiction of 10 barangays in the city: eight under the Baguio District while the two barangays are under the Marilog District.
Land conversion to whatever classifications, water drilling except water system development approved by the Davao City Water District and other water operators as authorized/permitted by NWRB, open burning, open dumping of solid waste material, aerial spray of prohibited pesticides, use of motorized cutting equipment, except for safety, disaster response, and disaster prevention, exploitation of quarry resources and commercial sand and gravel resources, use of pit privy toilets or those without septic tanks to prevent the fecal coliform count shall be prohibited within the watershed.
Meanwhile, new settlements, whether residential or commercial, are not allowed within the boundary of the watershed area, as determined by the Water Management Council (WMC) where said activities may affect the quality of water.
Existing households living within the PTW, however, are allowed to remain in their area but no expansion or new construction is allowed unless only for repair and maintenance.
The ordinance punishes violators with imprisonment not exceeding one year or a fine not exceeding P5,000 or both at the discretion of the Court.
However, those who do not wish to contest and are willing to pay voluntarily the fine imposed are allowed to pay the said fine at the City Treasurer’s Office. In case of inability to pay, violators can render community service as a settlement.
Moreover, ethnic and cultural settlement /infrastructure and resettlement of Indigenous Peoples (IPs) communities are governed and regulated in accordance with their existing customary laws.
As to the identified PUSAKA, or the Obu Manuvu’s sanctified entities as “precious” or “sacred”, watershed conservation, forest protection, biodiversity and wildlife preservation, and ancestral land preservation will be regulated by the tribe.
Peñalver stressed that the IPs are the main safeguards of the watershed being on the frontline along with Bantay Bukid volunteers from the community for monitoring.
“We are also lobbying to add the number of our Bantay Bukid volunteers as of now it is not enough to cover the whole watershed,” he added stressing that IDIS only has 71 volunteers, considering the watershed covers 14,000 hectares.
The city government will provide funding amounting to P5 million, as recommended by the Watershed Management Council, through appropriation either in the annual budget or in any supplemental budget if the need arises.
The management will be under the WMC pursuant to Ordinance No. 0310-07 or Watershed Code.
“Hopefully before the end of the year, or maybe before the elections in May, the Mayor will sign the ordinance for its immediate effectivity,” Peñalver said.
