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News Most Read RSSMANILA, Philippines – There’s trouble in the idyllic Turtle Islands, a remote and isolated corner of the country whose importance as a sanctuary and nesting site for the fragile green sea turtle is recognized internationally.
Always under threat from human activity, the sea creatures face the prospect of losing their protected sanctuary because of a brewing ownership dispute over their island haven.
According to Omarkhan Aripin, the mayor of the Turtle Islands—an island group municipality in Tawi-Tawi province—one of the town’s six islands has been sold to the Tawi-Tawi governor despite its status as a national protected area and wildlife sanctuary.
Aripin claimed that the 48-hectare Great Bakungan island (population: around 1,000) has been illegally sold to Tawi-Tawi Gov. Sadikul Sahali and his children for P3 million by the heirs of Rolando Tan, the supposed original owner of the island.
“As a protected area, that part of the island [group] is covered by eminent domain. Hence, there is no proof of ownership by Tan and he cannot sell it to another person. The sale to the Sahalis should be considered an illegal transaction,” said Aripin, who is on his first term as mayor.
In a phone interview, Sahali said he recognized that 242,000-hectare Turtle Islands, with around 7,000 residents, was a protected area but maintained that the sale of Great Bakungan was legal.
“I bought the land before the law [was passed] making it a protected area. What we want to do there is to make improvements in the area,” he said.
Tan, the island’s supposed original owner, has planted crops which, according to Sahali, is “proof of his [Tan’s] ownership.”
Owner’s waiver
“I am wondering why they [Aripin and municipal officials] are bringing up the issue only now,” Sahali said.
Among the documents that Aripin furnished the Inquirer was a copy of Proclamation No. 171 issued on Aug. 21, 1999, by deposed President Joseph Estrada, proclaiming the Turtle Islands municipality as the “Turtle Islands Wildlife Sanctuary.”
Another document that was shown to the Inquirer was the Affidavit with Waiver of Rights executed by Tan’s heirs, all residents of Mapun, Tawi-Tawi, stating that they were the “lawful owners, occupants cultivators and possessors of different agricultural lots 1 and 2, composing the entire Island of Great Bakungan, municipality of Turtle Islands, Tawi-Tawi, with a total area of 48.0147 hectares.”
The affidavit stated that a survey was done on July 6 and 7, 1952, and approved by the Bureau of Lands on Sept. 11, 1953.
It stated that Ruby Sahali-Tan, Rejie Sahali-Generale, Nurbert Sahali and Nurjay Sahali had paid the Tan heirs P3 million for Great Bakungan Island for which the Tan family was waiving its rights over the land.
The affidavit was signed by the Tan heirs and Sahali’s relatives on Jan. 30, 2007.
Seeking help in Manila
Aripin, accompanied by his father and staff, has been in Manila for the past 10 days, trying to find ways to solve a problem that the 39-year-old mayor said has been giving him sleepless nights.
“I keep on thinking that I should be able to do something,” he said.
He has gone to the Department of Interior and Local Government (DILG) to complain against the allegedly illegal transaction made by Sahali and his family.
The mayor said he also would like to meet with Sen. Loren Legarda because of her known advocacy for the environment.
But it would be best, Aripin said, if President Macapagal-Arroyo herself would turn her attention to the trouble threatening his island municipality.
Aripin said the controversy is constraining whatever efforts the town officials are doing to develop eco-tourism in the area.
He lamented how neighboring countries like Malaysia and Indonesia have given more attention to the Turtle Islands and know more about them than Filipinos themselves.
Perhaps it’s the distance, he said wistfully.
DENR probe
The Department of Environment and Natural Resources’ regional office in Zamboanga del Sur has investigated the alleged sale of Great Bakungan.
In a report dated June 26, 2009, the investigating team said that despite the documents such as the transfer of ownership through deed of sale presented by the Sahalis, “the same does not show any convincing legal rights over the subject areas in contention to vest them title.”
But the DENR regional office said it did not find enough evidence to prosecute the case and decided to defer any action rather than court the risk of issuing a resolution that could later be declared void or of no effect.
It recommended that a panel be commissioned to conduct an extensive and deeper investigation of the case to gather sufficient evidence to support a valid court action. Such evidence could consist of survey records like cadastral surveys, list of survey claimants, decrees of adjudication and registration and other proof of title, it said.
Incipient warlordism
Aripin said a form of political warlordism was also rearing its head in the islands.
On Oct. 25, armed men allegedly under the employ of the governor led by Mibaral Tang, Adul Putoh and Jabbar Sahibil fired their guns to drive away residents, including the Turtle Islands vice mayor, from Bakungan, according to Aripin.
They also allegedly slapped a fine of 50 Malaysian ringgit (the equivalent of P700) on the residents who were harvesting the crops that they had planted in the disputed island.
Aripin said that even if Sahali and his family are shown to own the land, it was not right for them to drive away the island’s residents through intimidation.
“If he owns the land, it is a bad way of driving out the residents, using bullets and gunfire,” Aripin said.
Elections to decide outcome
Sahali countered that it was armed men under the control of Aripin that were “attacking” his people in Great Bakungan.
“The purpose there is to control that area come elections. Why don’t we let the people decide who their leaders want to be?” he said.
Aripin also showed the Inquirer petition letters supposedly signed by residents of Great Bakungan protesting the alleged sale of the land and the alleged harassment and intimidation by the governor’s people.
Sahali claimed the residents were promised mosquito nets in exchange for their signatures.
“I don’t believe those petitions. We are trying to make our province peaceful but because of the elections, there is political harassment going on,” he said.
Aripin has made appeals to the Palace and DENR and DILG officials to resolve the matter and file the necessary criminal and administrative cases.
“Our municipality is very beautiful. If the sale of the island is allowed, if the government cannot solve this controversy, who knows? In the future, all six islands might end up being privately owned,” Aripin said.
http://newsinfo.inquirer.netFollow-up news:
Government to go after Turtle Island Sellers and buyers
