SAGBAYAN, Bohol — Following claims made by the Municipality of Sagbayan that it did not receive a copy of the temporary closure order issued by the Department of Environment and Natural Resources (DENR) that led to the issuance of a Business Permit in January, the environment chief on Friday rebutted with a question of whether or not the establishment had an environmental compliance certificate.

In a virtual press conference, DENR Secretary Toni Yulo Loyzaga urged the local government to remain focused on the resort’s violation instead of focusing on whether they received the notice.

“The issue is does it have an ECC or not. It’s not whether hindi naman kami nabigyan ng kopya. Alam naman po siguro natin at the local level kung ano ang kailangan masubmit bago mag issue ng isang building permit sa protected area,” she said.

Manager of controversial Chocolate Hills resort admits not being able to acquire environment certificate

(It’s not whether they were not given a copy. I think they know at the local level what the requirements that need to be fulfilled are before issuing a building permit on a protected area.)

Loyzaga added the agency learned that Captain’s Peak Resort was first granted a building permit by the LGU in 2020.

At that time, according to Loyzaga, the LGU already knew the resort didn’t have an ECC.

Viral Chocolate Hills resort ordered closed due to violation: DENR

“The second building permit was issued on September 20, 2022. Alam naman natin siguro at nila na wala silang in-apply-an ng ECC. So patuloy po yang ini-issue-han ng local government. At alam naman nila siguro na while they were building all of these, they did not apply for the ECC.”

(I think they know that the resort has not applied for an ECC. So the local government continued to issue permits. I think they know that while the proponents of the project were building all of these, they did not apply for the ECC.)

The DENR said that together with the LGU, it has the obligation to monitor the area.

Following the incident, they admitted that better coordination is needed with local governments and regional offices and other stakeholders.

Loyzaga said that an evaluation of systems and personnel are currently being done.

She said it will result “in some changes in the line up of team members on the ground.”

LACK OF ECC NOT ONLY VIOLATION

Environment Undersecretary Juan Miguel Cuna said the Captain’s Peak Resorts operation without an ECC was not the only violation it has committed.

He said it may also be subject to hefty fines as it also lacked other registration requirements.

“Nagdi-discharge ng tubig without a discharge permit, there’s a corresponding fine. For failure to register as a hazardous waste generator, may fine po ‘yun,” Cuna said.

“Under the E-NIPAS, for criminal liability may mga penalty po siya. Minimum of P1 million to P5 million maximum for criminal liability. Minimum of 6 to maximum of 12 years for putting up structures without the permits within the protected area. Meron ding administrative fines na pwedeng i-impose sa kanila, starts at P50,000 and a max of P5 million.”

He added DENR personnel who visited and inspected the resort on Thursday found that the establishment was using a deep well.  

“We’ve checked with the National Water Resources Board (NWRB) if they have obtained a permit for this or whether they have a pending application. The NWRB has already issued a certification that they don’t have a permit neither do they have an application for this.”

As of now, it remains unclear whether Captain’s Peak Resort will be allowed to reopen.

Following the row, the DENR emphasized that it is not singling out any establishment.

It has also given instructions to check other establishments within the area of the Chocolate Hills.