MOLINA GETS ORDER

DAGUPAN City Mayor Belen Fernandez gave City Agriculturist Emma Molina a direct order to remove all fish pens in the city’s river immediately as she had earlier directed when she set the October 30 deadline.

She gave the order after City Legal Officer Victoria Cabrera pointed out during the November 16 meeting with Molina that the law is explicitly clear that when a private property is already submerged in water, it has reverted as part of the public domain.

“All fish pens in the water (of Dagupan) must go. Walang maiiwan. Not one must be spared,” said Cabrera who also reminded Molina that the city’s fisheries ordinance bans fish pens along the city’s river system.

City Assessor Roland Suni, who was in the meeting, concurred with Cabrera’s legal position during the meeting called to settle the issue on fish pens standing on supposedly titled properties and enforcement of the city’s fisheries ordinance.

Cabrera set the meeting as Molina appeared reluctant to comply with the mayor’s order given the claims of owners of titled properties that the city has no right to demolish fish pens constructed on private properties.

Mayor Fernandez said, Cabrera’s guideline should be observed by the Task Force Bantay Ilog since no legal impediment exists contrary to earlier advice given her.

Cabrera also reminded Molina that all fish pens must be dismantled immediately because it is also mandated by a city ordinance that declares fish pens in all of the waters of the city as illegal.

“This is our stand. This is the law This is also the stand of the mayor. We should never waver in our stand,” Atty. Cabrera told the PUNCH.

Molina may again allow pen owners to keep their pens until after they have completely harvested their fishes.

Several former owners of illegal fish pens whose structures had been demolished lamented that Molina has always been giving preferential treatment to some owners known to her.

Molina was directed by Mayor Fernandez to coordinate with P/Supt. Neil Miro, acting police chief, so the police can help in the dismantling of the remaining illegal fish pens.

Cabrera clarified that only the fish pens in the water will go and the fish ponds situated outside the rivers will not be touched.

Cabrera’s legal position effectively made Molina’s earlier announcement that land titles submitted by property owners would still be subject to validation and cross-checking with the old cadastral map of Dagupan in 1926 before any demolition can be carried out, irrelevant and unnecessary.

There were 28 landowners that submitted their land titles to Molina’s office for validation.

Meanwhile, Cabrera complimented Task Force Bantay Ilog for clearing all the navigational lanes even past the Oct. 30 deadline. (Leonardo Micua)

 

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