DENR crack down on violators in Boracay begins
The DENR and the Boracay Eminent Persons Groups have cracked down on violators of ordinances and laws on Boracay Island.
The Environmental Management Bureau (EMB) of the DENR regional office last week issued notices of adverse findings against four projects on the island-resort after they were allegedly found to be violating environmental laws and policies.
In the notice dated February 11 and issued by EMB regional director Bienvenido Lipayon, the DENR directed the Boracay Crown Regency Hotels and Convention Center, owned by J. King & Sons Co., Inc., to stop its development projects in Barangays Balabag and Manoc-Manoc for lacking an environmental compliance certificate (ECC).
An ECC is required for projects perceived to have negative environmental impact. The granting of the certificates gives the go-signal for the projects.
In a separate notice issued by Provincial Environment Officer (Penro) Raul Lorilla, the agency also directed the developer to stop the filling up of an area which was identified by a DENR inspection team as a wetland.
"In view of the adverse impact of this undertaking to our wetland, and to our environment, you are hereby advised to cease and desist from further filling up this wetland areas until after an authority from the DENR is secured," said Lorilla in the notice.
But the hotels' legal counsel Deolito Alvarez denied that the company committed violations.
"The property being developed is not on a wetland," Alvarez said in telephone interview.
Alvarez said the water on the area where the construction is ongoing comes from the natural wetland across the property and divided by the main road in Boracay. He said residents near the wetland diverted the water by placing a culvert that cuts across the road and illegally diverted the overflow from the wetland to the hotel property.
"We are contesting the Penro's finding and we have asked the DENR regional office to conduct another inspection to determine which area is the natural wetland," said Alvarez.
He said they filed an application for an ECC in September last year but their application was returned by the DENR because of the announcement of DENR Secretary Lito Atienza that a moratorium on the issuance of building permits will be implemented.
But Alvarez said "there was no valid and effective moratorium at that time" pointing out that the moratorium took effect only on January 2 this year.
In a separate notice dated February 13, the DENR-EMB also ordered Gorgeous Holdings Inc., developer of property in Sitio Cagban in Barangay Manoc-Manoc, at the southern end of the island to explain alleged violations in their ECC and Presidential Decree 1586 (Philippine Environmental Impact System and its Implementing Rules and Regulations).
The DENR-EMB said in its notice that the developers violated a provision in their ECC that it limits land clearing and avoid long exposure of cuts and excavations and undertake only minimal land grading activities to retain the natural contour of the area.
It also allegedly violated another ECC provision prohibiting the cutting of mature trees without clearance from the DENR.
An aerial photo shows a deep excavation and widespread clearing of trees in the area being developed near the Cagban port.
In a statement, Gorgeous Holdings Inc. said their company has complied rules, policies and permits issued by DENR and other agencies.
"We assure you that the present development took into serious consideration its environment and ecological impact and pursuant thereto, we engaged the services of expert architects, contractors and designers to prevent any adverse effect. We support all government efforts to protect the environment and preserve the beauty of the island," the company said in its statement.
Atienza on Friday has directed the DENR regional office to cause the cancellation of the tax declarations issued to two claimants to wetland areas.
He did not identify the affected claimants but it is the local government unit that issues and cancels tax declarations.
Land ownership on the island is technically prohibited under Presidential Proclamation 1801 issued by the late President Ferdinand Marcos classifying Boracay and other islands and covers as a tourist and marine zone.
Land claimants on the island pay tax declarations, many for nearly 30 years, as proof of ownership or rights over properties.