DENR officials grilled over structures in protected areas

Photo by ABS-CBN News 

MANILA — Disappointment marred the Senate committee hearing on the mushrooming of structures in protected areas, as senators listened to Department of Environment and Natural Resources officials' presentations regarding Captain's Peak Resort in Chocolate Hills in Bohol and resorts around Mount Apo in south-central Mindanao

Commercial development is not allowed on lands declared by the government as “Protected Areas”. 

According to the DENR, barangay officials dominate the composition of the local Protected Areas and Management Boards or PAMB, that are tasked with approving permit applications.

“The membership of the PAMB is dominated by the local interest. The DENR sits as chair but it does not vote. And the PAMB can be constituted when the DENR is absent or unavailable," Environment Secretary Maria Antonia Yulo-Loyzaga told the Senate Committee on Environment and Natural Resources.

"In the case of the Chocolate Hills, it was the barangay officials that actually approved the resolution.” 

Sen. Nancy Binay however quickly pointed out that a PAMB can only convene upon the DENR’s approval of its agenda.

Binay also noted Yulo-Loyzaga’s pronouncement that there are many “good people” in the DENR.

“Natse-check nyo naman ang compliance pero parang it’s just a piece of paper. Parang walang ginagawa ang mga tao sa DENR sa labas... I agree with Secretary Loyzaga that there are plenty of good people in the DENR. But at the moment, hindi natin sila nararamdaman,” Binay pointed out.

(The compliance is being checked but it seems like it’s just a piece of paper. It’s as if that the people in DENR are not doing anything. I agree with Secretary Loyzaga that there are plenty of good people in the DENR. But at the moment, we do not feel them.")

Sen. Cynthia Villar, panel chair, meanwhile zeroed in on the absence of DENR officials on the day that the PAMB approved the permit for Captain’s Peak Resort.

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“Parang ginamit ang barangay captain to approve the construction. Kasi in a PAMB meeting, ang secretariat is ano, kung ayaw matuloy ng DENR ang meeting, hindi matutuloy ang meeting,” Villar poined out.

(It’s like the barangay captains are being used to approve the construction. Because in the PAMB meeting, if the DENR disagrees, the meeting cannot proceed.)

RESORTS AROUND MOUNT APO

In the same hearing, senators also quizzed the DENR officials about the sprouting of resorts in Mount Apo.

A “twin resort” was noted to have only been fined P50,000 for proceeding with construction despite lacking proper government documents.

“What’s your plan sa structures na walang ECC (Environmental Compliance Certificate) and they are in the protected area?,” asked Senator Raffy Tulfo.

(What’s your plan on the structures without ECC (Environmental Compliance Certificate) and they are in the protected area?)

“Bakit ang naging ruling not to demolish the structure?” Binay asked.

(Why was the ruling not to demolish the structure?)

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“The law says alteration, defacing... the law provides penalty for those act,” Environment Undersecretary Ernesto Adobo said.

“We need to acknowledge that in some of these areas there are titles, alienable and disposable lands, and they already have title. And therefore, we have no option but to recognize the right and therefore have the LGU regulate in coordination,” Yulo-Loyzaga said.

Senate President Pro Tempore Loren Legarda meanwhile identified DENR Assistant Secretary Gilbert Gonzales as the one who signed the PAMB permit as DENR’S regional executive director in Bohol at that time.

“Actually, nagkataon po na during this time, hindi po ako present during the PAMB meeting. I was on an official travel in Baguio,” Gonzales said.

“We will just leave it at that? 'Absent ako noon so, wala akong kinalaman doon.' Ganun na lang?,” Legarda retorted, stressing the need for accountability.

(We will just leave it at that? I was absent so, I didn’t know anything? That's all?)

Gonzales insisted officials scrutinized the documents submitted but that the Implementing Rules and Regulations of the Expanded National Integrated Protected Areas System or ENIPAS Act are too vague,

Stricter policies eyed to prevent another 'Chocolate Hills resort'

“It went through a process, and we recognized the decision of the PAMB in this particular decision and resolution,” Gonzales explained.

Legarda, who filed and sponsored the bill for the ENIPAS Act in the Senate, said that barangay officials are involved in development plans to ensure conservation and protection. 

She said that land titles do not exempt owners from the need to conserve and protect the environment.

The Senate Committee on Environment will expand its probe to other protected areas where structures have been built.

But this early, both Villar and Binay see the need to limit village officials' prerogative on envrionmental permit applications.

Environment officials inspect controversial Chocolate Hills resort 

They also said that the DENR must be empowered to demolish structures located in protected areas, including those that have no supporting documents.

“We have to be strict now because they will come. More will be build. And pagkatapos niyan, wala nang use yung legislated protected area na 'yun,” Villar stressed.

“Sobrang sakit sa bangs ng itsura for me (ng structures sa protected areas). Dapat matanggal talaga dapat ang structure,” Binay said.

(Those structures must be really removed.)