Econg, in a follow-up letter addressed to environment undersecretary Diony Ventura dated October 10, checked on her request for the resurvey of the municipal waters of Talisay City because of an impending legal action against Cebu City on the latter's alleged encroachment into Talisay's municipal waters.
Last March 28, Talisay City filed a protest against a technical report made by NAMRIA that the reclaimed portion of the South Reclamation Project did encroach into Talisay's territory, but only by some 2.087 hectares, and not by some 46 hectares as what the city had earlier claimed.
"It is therefore most urgently and respectfully demanded that an immediate resurvey be conducted to avoid any legal complications on this matter," Econg said in her letter to Ventura.
The objections of Talisay City on the NAMRIA report include the agency's disregard of the original coastlines prior to the SRP, the use of the new coastlines after the SRP, the use of the new man-made channel, the use of the discredited and revoked archipelagic baseline method, the correct position of the municipal boundary monument 30 (the marker which establishes the boundary between the two cities), and the maintenance of status quo of the disputed area.
"Justice and or fairness demands that the boundaries and the exact technical description of the latter be fairly delineated as provided by law," Econg said.
Econg added that the request for resurvey is made to erase doubts and biases on the impartiality of NAMRIA.
Last April 27, Ventura said the survey report contains an impartial study on the area based on general standards and procedures that the office has been following for all technical undertakings.
"This office is not imposing upon your city to accept and adopt our findings," Ventura said to Econg in his nine-page NAMRIA technical report on how the findings and conclusions were arrived at.
Cebu first district Rep. Eduardo Gullas already filed House Bill No. 683 in relation to the opposition filed by the Talisay City government to the survey results of NAMRIA. The lawmaker wants to see if NAMRIA erred in its computation of the land area of the SRP that belongs to Talisay City.
Gullas said that when NAMRIA conducted its survey last year, "it used the new shoreline after the reclamation to determine whether the SRP has encroached on Talisay." The outcome of the House inquiry, Gullas said, could be used as basis for a bill on how NAMRIA should delineate territorial waters.
Gullas' resolution was referred to the House committee on rules for review. - Garry B. Lao