DOT backs DENR plan to sue Malay town exec
The Department of Tourism (DOT) is backing the plan of the Department of Environment and Natural Resources (DENR) to sue Mayor Ciceron Cawaling of Malay town for allegedly failing to stop construction activities on Boracay Island.
"I support intervention coming from all the other departments to help us defend the island from further deterioration," said Tourism Secretary Joseph "Ace" Durano when asked to comment on the DENR plan to file charges against Cawaling.
The Tourism secretary was here during the weekend to preside over the launching of the Guisi Discovery Quest, a community-based tourist adventure and heritage site at Nueva Valencia town.
Durano said he does not know the exact violations that DENR Sec. Jose "Lito" Atienza has called Cawaling to task. "But definitely, for us to defend the island from further deterioration, there has to be an adjustment on the land use on the island."
President Macagapal-Arroyo earlier directed Durano to take administrative control over Boracay Island as chair of the Philippine Tourism Authority (PTA) amid growing concerns over the unregulated development of the world famous resort.
Durano said the DOT will support the filing of the case and "anything that will get the (local government unit) to be more aggressive in really improving the land use of the island. The number one reason why (Boracay) is in such a state is because of the land use of the island."
Atienza said in a statement last week expressed disappointment over the failure of Cawaling to stop construction activities on the world-famous Boracay island despite a moratorium order issued by the local government. He cited ongoing construction activities in at nine hotel and resorts as proof.
"The unabated construction of buildings in Boracay, whether it is a new construction project or mere expansion of old projects, is a clear proof of the failure of the local government to enforce its own resolution on moratorium," said Atienza, who was on the island two weeks ago for the culmination program of the Earth Day People's Caravan – Visayas leg of the DENR.
Atienza had planned to sue Cawaling early this year for failing to stop the construction in the congested island-resort. But he did not pursue it after Cawaling presented to him a copy of the municipal resolution imposing a construction moratorium on the island from January 2 to July 2, 2008, according to the statement posted at the DENR website (www.denr.gov.ph).
During their meeting, Cawaling and Atienza had agreed to include in the moratorium all ongoing construction activities that have been issued permits by the local government until the Boracay Environment Master Plan being drafted by DENR is approved, its said.
"With the failure of Mayor Cawaling to stop construction activities, I have no recourse but to file the necessary charges," Atienza said. He did not specificy what cases will be filed against Cawaling and for what violation.
Cawaling could not be reached for comment despite repeated calls.
But Municipal Councilor Rowen Aguirre, chair of the council's committee on laws and regulations, said Cawaling has implemented the municipal resolution.
He pointed out that the resolution which bars the issuance of building permits only covers new construction after the moratorium took effect on January 2.
In its resolution, the municipal council imposed a six-month prohibition on construction of new structures for commercial and residential use like hotels, resorts, malls and apartments. The ban also covers new boarding houses or renovation/expansion of existing ones.
Major repairs of existing structures or those involving at least 50 percent of buildings are also prohibited.
Aguirre said construction activities of resorts and hotels that were issued before January 2 are allowed.
"We cannot stop the construction if the developers were issued permits before the moratorium took effect because they have complied with all the legal requirements. We could be sued if we do that," Aguirre said in a telephone interview.
He said the DENR can stop construction activities by not issuing or revoking the issuance of an environmental compliance certificate (ECC).
The DENR is finalizing the environmental master plan that is is expected to be completed within the next few months. The DOT is also finalizing a comprehensive land use plan for Boracay.
The construction boom on the island has been boosted by the steady increase of tourist arrivals on the island.
Last year, 596,707 tourists went to the island (208,870 foreign and 359,433 domestic) while earnings ballooned to P10.969 billion.