Korean resort cannot claim ownership of domain

CITY OF SAN FERNANDO -- The Department of Tourism (DOT) Central Luzon said Thursday that Korean wellness facility Punings Hot Springs cannot claim ownership of a property in its vicinity, much less prohibit people from using the same as entry point to certain places beyond.

This was the reply of the DOT-Central Luzon regarding the incident report involving the members of the Land Rover Club of the Philippines led by Pampanga Chamber of Commerce and Industry Inc. Vice-Chairman Rene Romero and the management of Puning Hot Springs.

In his February 24 letter to National Economic and Development Authority Regional Director Severino Santos, DOT Regional Director Rolando Tiotuico said that Sitio Target at Barangay Sapangbato in Angeles City "is a public domain and cannot be owned by any private individual or corporation including its roads and other infrastructures thereat."

"While the Korean company initiated and covered the cost of building the passage enroute to Sacobia riverbed, the same cannot claim ownership of the property much less prohibit people from using the same as entry point to certain places beyond," Tiotuico said.

Tiotuico said that while Romero and other government agencies like the Department of Environment and Natural Resources claim that the area is public domain intended for common public welfare, still the indigenous community continue to claim proprietary ownership over the area invoking their right to ownership and possession (as ancestral domain) under the provisions of the Indigenous People’s Rights Act 8371.

"In fact, it is said that the Korean company provides monthly compensation to the cultural community located in Sitio Target," Tiotuico said.

Tiotuico recommended that the legal opinion of the National Commission on Indigenous Peoples (NCIP) be sought on the matter, particularly on the IP’s rights to ancestral domain such as riverbeds and waterways.

Earlier, Punings Hot Springs was again in hot water, as groups condemned an alleged barring incident recently that involved the resort's management staff along a public road that leads to an Aeta community.

Romero, Pampanga Off-Roaders Club Inc. (Porci) head Engr. Marni Castro, Land Rover Club president Robby Limjoco and other 4x4 club officials publicly criticized the management of the resort for the barring incident.

Romero said they were repeatedly barred by staff of the resort when they tried to access a public road going to Sitio Target.

The said road happens to be also the road being used by tourists who go to the resort.
Romero said they were ferrying with them tourists and pilots of the 20th International Hot Air Balloon Festival when they were repeatedly barred by staff of the resort.
He said they were surprised that the management of the resort seems to have jurisdiction of the said road.
“It was a very big surprise for us. We actually communicated with the management of the resort what happened,” Romero said, but lamented that the answer of the resort over the incident was not to their liking.
Limjoco, for his part said they were surprised after they were barred access, saying while the resort has 4x4 vehicles that ferry regular tourists, others should not be barred from accessing any public road.

Romero said they understand the investments of the Koreans in the Puning Hot Springs Resort in terms of maintaining the route, but they believe that Filipinos should not be deprived of the vital access roads.

In 2014, the Provincial Government of Pampanga, based on published reports, issued “a legal opinion that the dried-up portion of the Sacobia riverbed is the property of the public domain, which can only be regulated by the State and not by any private entity.”
Romero said there was a “gentleman’s agreement” to set regulations on fair use of the riverbed in 2014, but nothing substantial came out of it.

The groups also criticized the resort’s alleged continuing refusal to grant access along the said riverbed.