The Department of Environment and Natural Resources (DENR) vowed to check beach resorts with no environmental clearances, the same reason for which the agency closed last Tuesday Dumaluan Beach Resort, owned by Panglao Mayor Doloreich Dumaluan.

Col. Roy Kyamko of the National Anti-Environmental Crime Task Force (NAECTF) said his team which padlocked the resort was not aware of other resorts that have violated environmental laws that day when they implemented the closure order.

"As soon as we will receive implementing orders to close these resorts violating environmental laws, then, we will come back to padlock these properties," Kyamko told the Chronicle last Wednesday.

He said that they came to Panglao not as investigators but as implementers of the closure order issued by DENR Secretary Angelo Reyes due to the absence of Environmental Compliance Certificate (ECC).

The DENR short list did not include owners of residential houses which are obviously constructed in violation of the 20-meter salvage zone, many of which are located along the coastal highway of the province.

In fact, Baclayon Mayor Benny Uy was involved in a legal suit in connection with the questioned construction of houses in barangay Laya, Baclayon town, directly facing the famous Pamilacan Island, the site of dolphin watching.

CLOSURE ORDER

A press statement issued by EMB-DENR-7 Director Alan Aranguez stated that Dumaluan indeed applied for an ECC on May 8, 2003. The application underwent the process applying the procedure laid down by DENR Administrative Order No. 2003-30 and its procedural manual.

However, the review process of said application went on for some time due to "documentary deficiencies". The application was returned twice to Dumaluan to comply and submit all the documentary requirements.

Pending the processing of the application, EMB-DENR-7 issued a notice of violation (NOV) on Dec. 28, 2004 against Dumaluan for constructing and operating his beach resort without an ECC and was required to pay penalty pursuant to the provision of PD 1586, or the Philippine Environmental Impact Statement (EIS) Law, and its implementing rules and regulations, the press statement said.

Moreover, the notice of violation was allegedly ignored by Dumaluan until Dec. 15, 2005 when the mayor sent a letter asking for reconsideration.

In said letter, Dumaluan supposedly made a commitment during a "technical conference", to submit a formal motion for reconsideration and to pay the penalty in the event that the motion will be denied and in case he refuses to pay said penalty, Dumaluan's ECC application will be suspended and/or cancelled.

The press statement bared that, at that time, Dumaluan was allegedly aware that the ECC application was processed, however, its release was held in abeyance pending the settlement of the imposed penalty.

Dumaluan, however, refuted the fact that he should not be meted a penalty since he filed his application in 1999.

"EMB-DENR-7 took time to review and evaluate pertinent laws, rules and regulations and the records to shed light o the issue raised by [Dumaluan]. The office, in a resolution finds the imposition of the penalty to be consistent with the existing environmental law, ruels and regulations pertaining to the EIS system," the press statement declared.

After reports were received by EMB-DENR-7 that Dumaluan continued to implement construction of his beach resort despite the fact that the ECC was not officially granted, EMB-DENR-7 issued another resolution imposing a stiffer penalty while directing Dumaluan to cease and desist from further implementing his project.

The statement revealed that Dumaluan went to EMB-DENR-7 to pay P15,000. However, the payment of was not accepted since the mayor was already meted an additional penalty.

Dumaluan challenged this in his motion for reconsideration which was denied last Sept. 15.

Prior to the resolution of the motion for reconsideration, Dumaluan allegedly manifested, to voluntarily comply and abide by the terms and conditions of the CDO and even asked if he can pay the penalty but was advised to wait for the resolution of his pending motion for reconsideration, the press statement bared.

But, according to Aranguez' statement, "numerous complaints from stakeholders" and "field personnel monitoring [Dumaluan Beach Resort]", has prompted his (Aranganguez) office "to inform the DENR Central Office about the circumstances" which led to the action taken by NAECTF last Tuesday, enforcing the CDO.

DUMALUAN CRIES FOUL

Mayor Dumaluan say he is a victim of "harassment" and threatened to file a lawsuit against the Department of Environment and Natural Resources (DENR) for damages and infidelity of public records.

The lawsuit will name DENR Sec. Angelo Reyes and National Anti-environmental Crime Task Force (NAECTF) Usec. Roy Kyamko as respondents for the closure of Dumaluan Beach Resort last Tuesday.

Dumaluan told the Chronicle that he personally paid the penalties imposed by the Environmental Management Bureau (EMB)-DENR-7 last Wednesday. This does not mean, however, that he will not pursue legal remedies to vindicate himself if DENR will not lift the cease and desist order (CDO).

Sec. Reyes ordered the closure pursuant to a CDO issued by the Environmental Management Bureau (EMB)-DENR 7 after Dumaluan failed to settle a penalty of P15,000 for operating his resort without an Environmental Compliance Certificate (ECC).

Dumaluan said he is just a "victim of harassment" by unseen powerful individuals who want to oust him as mayor of the tourist haven town of Panglao.

"The court is [my] only remedy," the mayor said, and that the action made against him by DENR has damaged his reputation not only as mayor but also as a professional (physician) and businessman.

Documents showed by Dumaluan to the Chronicle revealed that he applied for an ECC with EMB-DENR-7 on April 23, 1999. This application, however, was allegedly disregarded by said agency until May 2003, when Dumaluan checked the status of his application.

According to Dumaluan, EMB-7 denied to have received an ECC application for his beach resort and could not trace a single document pertaining to the said application.
Dumaluan showed to the Chronicle a duplicate of said ECC application which was duly "received" by EMB-DENR-7 on April 23, 1999.

Due to the loss of his ECC application documents, Dumaluan again filed for issuance of ECC on May 8, 2003.

The mayor stressed that the regional office came up with excuses to just delay the release of his ECC while other resorts in Panglao that filed much later than him already obtained their ECC.

Among the reasons allegedly being given by EMB-DENR 7 is deficiency of application requirements. "It's just a way of justifying the loss [of the application documents originally filed in 1999]," Dumaluan said.

According to the mayor, the execution of the CDO was an "overkill" and "a waste government manpower and of taxpayers' money". He said the DENR-NAECTF team spent so much in coming to Bohol just to padlock his resort.

The team brought with them around 50 military and police, some of whom were in full battle gear.

Dumaluan also complained that the CDO was not properly served. Usec. Kyamko allegedly refused to provide a copy "for no reason at all" of the CDO and only allowed Dumaluan's daughter and later legal counsel Zotico Ochavillo to read its content.

The mayor bared that he received notice of the CDO last Monday but was surprised why the NAECTF closed his resort less than 24-hours of said notice when he should have been allowed 72-hours to take appropriate remedies.

"The [NAECTF] completely bypassed regional and provincial [field offices of the] DENR," Dumaluan stressed.

The mayor will be represented by legal counsels Victor dela Serna, Florendo Columnas and, Ochavillo.

DENIES HARASSMENT

During an interview with the Chronicle, Usec. Kyamko denied talks that their execution of the closure order was an "overkill" and meant to harass the resort's owner.

Kaymko said it is "normal" for NAECTF to request for police and military assistance in carrying out closure orders to protect themselves.

For his part, Aranguez stated that his office did not accept the payment made by the son of Mayor Dumaluan, who went to EMB-DENR-7 to pay the penalty last Tuesday, since they were waiting for the "official report on the action taken by the officials of higher office (DENR Central Office)" which was at that time implementing the closure order.

The EMB-DENR-7 director's statement also denied that Dumaluan's son was advised to make his payments of the penalty in Manila where their case have been elevated.

WRONG GATE CLOSED

Barangay Bolod officials lodged a complaint against DENR through a blotter at the Panglao municipal police station last Wednesday for closing a gate which allegedly is part of a barangay road.

The NAECTF, allegedly were misled believing the gate was the main entrance and is part of Dumaluan Beach Resort.

Adding to the lapse committed by NAECTF is their failure to consider that there are other entrance and exit routes in said resort which virtually made the closure a pretense as resort employees and guests continue to come and go in the resort.

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