letter to red tawantawan

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Page 1: Letter to RED Tawantawan

March 31, y

RUTH M. TAWANTAWAN, CESO IVOIC, Regional Executive DirectorDepartment of Environment and Natural ResourcesRegion Office X, Cagayan de Oro City

Dear Director Tawantawan:

Thank you for your letter dated February 03, 2014.

I ask your understanding for the delay of this reply. Nevertheless, I wish to inform you that the Sangguniang Bayan of Baloi has passed a resolution authorizing me to create a task force, which shall be exclusively created to study the boundary dispute between Iligan City and Baloi. Pursuant to the resolution, I issued Executive Order No. 01-2014 creating Baloi Task Force Boundary Disputes.

This task force shall submit its findings to the Office of the Mayor, which shall eventually make the findings of the Task Force the bases of the position of the Municipality of Baloi for the “disputed areas”.

As you know, the boundary dispute between the Municipality Baloi and Iligan City has its root from the vague delineation of territory of both local government units. Iligan City is the former Municipality of Iligan, while Baloi is formerly Municipal District of Momungan. A survey of all the laws relating to the conversion of Iligan into a city clearly reveals that its territory was never expanded, save the inclusion of the Municipality of Mandulog. In fact, while Republic Act 4314 increases the number of barangays of Iligan City, it did not, in any way, increases the territory of the City. The conversion of “Sitio Maria Cristina” into Barrio Maria Cristina did not abolish the old Maria Cristina of Momungan, now Baloi, which is then one of the first four barangays that comprises the former Municipal District of Mumungan. As a matter of fact, there was never a “sitio of Maria Cristina”in Iligan City that ever existed, that we know of, prior to its conversion into a barangay. Apparently, the fact that the two Maria Cristinas are adjacent to each other even creates a more confusion to the boundary of Iligan and Baloi.

But the boundary of Baloi and Iligan City plotted on the survey map of Iligan creates a worse scenario. It aggravated the current boundary dispute of Baloi and Iligan City. The map of Iligan City shows encroachment upon vast area of the territory of Baloi affecting the entire land area of Barangay Maria Christina of Baloi (which is even older than Iligan City), portion of Barangay Nangka and Barangay Buenavista. If Iligan will insist on the survey map, it does not only raise a question of boundary dispute, but it also brings about an abolition of barangays within the territory of Baloi. I repeat, this is a worse scenario.

Although the Department of Environment and Natural Resources is not the proper forum to litigate this issue as it does not have the power to settle boundary dispute, I will take this opportunity to raise our vehement objection to the result of the survey, let alone its lack of actual taking. Territorial occupation and sovereignty, history, ancient documents, and landmarks would readily show that the present land area of Barangay Maria Cristina of Baloi is the old Maria Cristina of the then Municipal District of Momungan. Since its creation as one of the first four barangays of Momungan, it was never under the jurisdiction of Iligan City, even under the former Municipality of Iligan. Ever since, the people therein are voting for the election of officials of the then Momungan and now to Baloi; Residents are paying taxes in the Municipality of Baloi; Almost all lands therein are registered in the Office of the Register of Deeds of the Province of Lanao del Norte, except the “contested”title of NPC, which is the Lot 2036, which is allegedly registered in Iligan City. Verily, the good people of Baloi will not allow anyone to trample their native soil. By all means necessary, the Municipality will protect its territory.

With this initial background, I find difficulty to see any factual and legal basis that would inspire Iligan City to claim the areas enclosed and encroached by its survey map. I am afraid, however, that if your office will not rectify the indication in the map, this might encourage actual occupation, if not encroachment.

After the completion of the report and recommendation of the task force, we will submit a more exhaustive discussion together with all the pieces of evidence supporting the vested and historical rights of Baloi over the affected barangays. Anent, I am asking your office to give us not later than 30 days from this writing to submit the official position paper of the local government of Baloi .

Please accept my indulgence.

Sincerely yours,

HON. HANIFA P.A. ALIMunicipal Mayor