P50T fine Slapped On Dumaluan

After years of hibernation, the Department of Environment and Natural Resources (DENR) suddenly sprang to life by issuing a cease-and-desist order against the controversial construction of a building at the Dumaluan resort. In a resolution that signaled tougher policy which was issued June 21 but released the next day, DENR 7 OIC Regional Director Alan Arranguez issued the CDO from further implementation of the project aside from a P50,000 penalty and fine against Panglao Mayor Doloreich Dumaluan who is the project proponent. Dumaluan had been accused of violating Presidential Decree No. 1586 known as the Philippine Environmental Impact Statement System Act and the DENR Administrative Order No. 2003-30 otherwise known as the implementing rules of the said Act.

The case, docketed as EIA No. VII-2006-04-007B, was filed against Dumaluan for operating his resort without an environmental compliance certificate (ECC). Arranguez also suspended the application for the ECC which was being processed by the resort. The three-page order however was not personally served as the resort again refused to receive it, DENR sources revealed.

In his resolution, Arranguez said Dumaluan had also refused to receive a previous resolution dated April 21 when it was served by a DENR staff at his office last May 5. According to the facts of the case, Dumaluan filed his application for the issuance of an ECC for his resort project last May 8, 2003. On May 29, 2003 , the said application was returned to the proponent due to the lack of indorsements from the local government unit of barangay Bolod and proof of ownership. More than a year later, the Office of the Regional Director issued a notice of violation against the proponent for implementing a project without an ECC. Dumaluan resubmitted his ECC application on Aug. 19, 2004 but it was returned to him for lack of proof of ownership and a detailed environmental management plan and the cost of its implementation.

Dumaluan against resubmitted an application on Nov. 16, 2004 but the documents were again lacking. On Dec. 28, 2004 , the ECC was approved and Dumaluan was informed about the approval with the corresponding penalty that he must pay before it will be released to him. Nearly a year later, Dumaluan sent a letter requesting for reconsideration of the penalty imposed because he had already applied in 1998 before the DENR but this was lost in their possession. Dumaluan was made to commit in a technical conference to submit a motion for reconsideration; to pay the penalty if the motion is found to be without merit and that in case of failure to pay the penalty, the ECC will be suspended or revoked.

Last Jan. 18, the DENR 7's chief of legal and environmental education division required the chief of the Environmental Impact Assessment Division (EIAD) to comment on Dumaluan's motion for reconsideration. Engr. William Cuñado recommended that the reduced penalty should be imposed and could not be waived because project proponent started the project implementation before the filing of his ECC application. On April 21, a resolution found that Dumaluan violated section 4 of PD 1586 for implementing his project without an ECC. Dumaluan however refused to receive the resolution when it was served on May 5. Last June 14, a memorandum was sent to the regional director that a three-storey building constructed by Dumaluan encroached on a portion of the 20-meter easement zone.

The memorandum also recommended that it be referred to the legal division for complimentary action in view of the violation. The memorandum was also in connection with the inventory of septic tanks constructed within the 20-meter salvage zone in Panglao. In its review of the case, the DENR found that Dumaluan violated the provisions of PD 1586 and meted a penalty to be paid within five days from the receipt of the resolution. According to records, Dumaluan voluntarily committed during the Dec. 15, 2005 technical conference to pay the penalty if his request for reconsideration is found to be without merit.

Dumaluan had also committed that in case of failure to pay the penalty, the ECC which is pending release will be suspended or cancelled. The records however showed that Dumaluan failed to pay the penalty imposed despite the time given to him to settle the obligation. Arranguez noted that pursuant to DENR DAO 2003-30 and section 11.2 of MC No. 01, the failure to pay the fine imposed constitute an offense “separate from the original offense that brought about the imposition of the original fine”.

This may also warrant the imposition of another fine and/or CDO. Aside from issuing the CDO and imposing the P50,000 and the unspecified fine, Arranguez also directed the chief of the EIAD to execute the order within 72 hours and to submit a report within 48 hours stating the proceedings taken. As this developed, the culmination activities of the Environment Month in Bohol last June 30 turned into a despedida for provincial environment and natural resources officer (PENRO) Arius Ilano and Tagbilaran community environment and natural resources officer (CENRO) Alipio Llorente.

While the DENR Regional office authorities would not confirm or deny what caused the movement, speculations were rife that Secretary Angelo Reyes was miffed by the agency's failure to act on the violations. Ilano assumes as the Regional Technical Director for the Protected Areas and Wildlife Bureau of the DENR while Boholano Eduardo Inting takes over as Bohol PENRO. At the CENRO offices, Llorente heads back to Talibon to trade places with Moreno Tagra. Two weeks ago, this paper reported about a blotched media press conference with Reyes in Panglao. Among other things, Reyes was set to deliver the Department's 12-point agenda to a DENR command conference representatives. On that day, the Post reported the DENR's inaction Dumaluan's refusal to comply with environmental laws and procedures. The paper also ran an editorial calling for action on the violation affecting a three-story building that was reportedly constructed without an ECC, building permit and local clearances.

Local media representatives saw Reyes and his party with copies of the Post. After a brief meeting with Bohol DENR officials led by Ilano, Reyes left the gathering for another function without facing the press. Succeeding information leaked to this paper said Reyes blew his top when he read the criticisms hurled against the DENR on the issue. Two years ago, President Gloria Macapagal Arroyo raised concern over her apprehension of Panglao becoming a Boracay. She also called local officials to implement measures to avert destruction of the beaches and disaster in Panglao.

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