Contrary to earlier manifestation, mayor defies Cease, Desist Order

Contrary to what he declared in a formal manifestation, Panglao Mayor Doloreich Dumaluan has not complied with the cease-and-desist order (CDO) Dumaluan made the formal offer in a manifestation before the Region 7 Environmental Management Bureau (EMB) dated Sept. 5 in connection with the CDO issued against him last June 12 for violating environmental laws including the operation of the Dumaluan Beach resort without an environmental compliance certificate (ECC).

In his manifestation to the case docketed as VII-2006-04-007, Dumaluan noted that a motion for reconsideration was filed last July 12. “Without, however, withdrawing, setting aside and/or vacating the said Motion for Reconsideration, the undersigned hereby manifests that he voluntarily complies and abides by the terms and conditions set forth in the (CDO), thereby, rendering the same moot and academic,” the manifestation said.

The resolution issued by DENR 7 OIC Regional Director Alan Arranguez issued the CDO against further implementation of the project aside from a P50,000 penalty and fine against Dumaluan who is the project proponent. An inspection report indorsed to the EMB 7 Region 7 director last Sept. 12 however belied Dumaluan's manifestation. The report was signed by Bohol provincial environment and natural officer Eduardo Inting.    The report was based on an inspection conducted at 11:20 am that day to monitor the compliance with the CDO.

In his findings, Nestor Canda of EMB Bohol said construction of the three-storey building was suspended and that construction workers were “no longer noted in the premises of the resort”. “The resort still accepts guests. As revealed by the project proponent, he only has few guests during Mondays to Fridays. However, Saturdays and Sundays the resort is quite occupied,” the report said. It observed that no other activity has been undertaken by Dumaluan “except the installation of a wastewater purifier to treat wastewater from the dirty kitchen and cottages of the old building.”

The report said Dumaluan has also maintained the cleanliness of the premises. In its recommendations, the report pointed out that acceptance of guests is still part of the operation of the project. “Partial compliance of the CDO is non-compliance of the CDO,” the report stressed. Incidentally, Dumaluan had declared under oath that he already had an ECC for his controversial three-storey project. Dumaluan made the claim in a counter-affidavit he submitted to the Ombudsman Visayas in connection with a graft case filed against him by his political rivals.

l