Senators score DENR's P50K penalty for protected area law violators

Senators criticized the Department of Environment and National Resources for imposing a mere P50,000 penalty for breaching protected area laws.

In a Senate public inquiry on the construction of a resort within the protected Mt. Apo National Reserve in Davao Region on Wednesday, Senator Nancy Binay questioned DENR for allowing the construction of Twin Mountain View Resort in the area pending the owner’s acquisition of clearance for the Protected Area Management Board (PAMB) as well as as Environmental Compliance Certificates (ECC) from the Department. 

The resort was given PAMB clearance on 10 November 2022 and got an ECC on 20 November 2023 by the DENR’s Environmental Management Bureau, according to the PAMB chairperson for Mt. Apo Natural Park, Atty. Ma. Mercedes Dumagan.

"Natayo na ba itong structures na ‘to before nabigyan ng PAMB [clearance] atsaka ECC?," Binay asked. 

Dumagan confirmed. "Yes, your honor."

Binay lamented the resort’s violation due to building structures without the PAMB clearance and ECC.

"They already had a violation in the first place. Why didn’t issue an order to demolish the structure? They already violated?," Binay asked. 

Dumagan said the EMB penalized the resort right away.

Binay asked, "Then what was the penalty?"

“They were made to pay P50,000,” Dumagan said.

Binay stressed the DENR should impose stricter penalties. 

Citing the law, DENR Undersecretary for Legal and Administration Ernesto Adobo said the prohibited acts such as utilization, alteration, defacing, or construction only require a penalty amounting from P50,000 and above.

Senator Cynthia Villar scored the DENR for allowing the construction to start without the ECC. 

"ECC would not be issued without the approval of DENR. It is the one issuing ECC," she said. 

Senator Raffy Tulfo said "it does not make sense" for the DENR to penalize the violators with only P50,000. 

"You should have ordered for removal. It should be demolished," he said. 

Tulfo backed Binay’s remarks that those illegally constructed structures should have been demolished.

"Demolish the structures. Instead of penalizing them with P50,000 and then, they will go later on," he added. 

Villar said the DENR should have asked the landowners to build the resorts outside the protected area.

"They should not build any structures in the protected area. I can understand if you would allow those residents to do agricultural activities because it suits the protected area better. They will do farming. That’s fine, but issuing ECC in a protected area to build structures? That’s really something," Villar pointed out.

In the same hearing, Tulfo criticized the DENR’s policy on its freedom of information manual (FIM) that prohibits the agency from disclosing the list of ECC and mining applicants, citing a national security concern.

He likewise lambasted the agency and its attached bureaus for pointing fingers at one another during the probe. 

"When we call the DENR to inquire and investigate about illegal structures and issues that destroy the environment, they are pointing a finger at anyone," he said.

"Ang DENR ang ahensiya ng gobyernong naatasang pangalagaan at bantayan ang ating kalikasan but because of recent events lumilitaw na ang DENR ay isang ahensiya na matatawag kong bantay salakay – turo turo style. Bakit po turo turo style? Nagtururuan,” he noted.