Chocolate Hills Resort Controversy: DENR Secretary Defers Responsibility to Local Officials

Chocolate Hills Resort Controversy: DENR Secretary Defers Responsibility to Local Officials

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The Department of Environment and Natural Resources (DENR) has revealed that the Sagbayan local government unit (LGU) in Bohol issued building permits to the operator of the contentious pool resort within the protected area of Chocolate Hills, despite the company failing to secure an Environmental Compliance Certificate (ECC).

Secretary Maria Antonia “Toni” Yulo-Loyzaga stated that the agency would consider allowing the Captain’s Peak Resort to resume operations after its closure, given that the establishment is situated in a multi-use zone.

“Our investigation revealed that the first building permit was granted in 2020. They likely knew at that time they did not have an ECC, yet the local government still issued the permit,” she informed during a virtual press briefing.

Yulo-Loyzaga further disclosed that a second building permit was issued on September 23, 2022, indicating a lack of ECC application awareness.

Moreover, barangay officials in the area issued a certification to the resort on July 8, 2022.

In the Philippines, securing an ECC is imperative before obtaining building permits, particularly for projects in protected areas like Chocolate Hills or those with potential environmental impacts.

The DENR emphasized that the resort’s location was designated by a technical working group as a multi-use zone, not a strict protection zone.

“They have a titled property and underwent assessment by the PAMB [Protected Area Management Bureau]. Their presence in the area wasn’t inherently illegal, but obtaining the ECC was a substantial requirement they failed to fulfill,” said DENR Undersecretary for Field Operations Juan Miguel Cuna.

Due to other potential violations, the fate of the resort remains uncertain regarding ECC approval.

Apart from constructing without an ECC, the Captain’s Peak Resort may be liable for discharging water without a permit, failure to register as a hazardous waste generator, and failure to acquire a permit from the National Water Resource Board (NWRB) for constructing a well on-site.

Cuna clarified that the resort, being private property, raises questions about its possible demolition.

The DENR is also investigating the actions or inactions of its regional offices concerning the controversial resort.

However, Environment Usec. Joselin Marcus Fragada admitted that the DENR has limited enforcement power in such cases, necessitating collaboration with LGUs and other agencies.

Loyzaga stressed the need to strengthen DENR’s enforcement capabilities and hinted at establishing an enforcement bureau for faster order implementation.

The DENR had previously issued a Temporary Closure Order to the Captain’s Peak Resort in September 2023 and a Notice of Violation in January 2024 for operating without an ECC.

As of March 13, 2024, the Regional Executive Director Paquito D. Melicor instructed PENRO Bohol Ariel Rica to form a team to inspect Captain’s Peak for compliance with the Temporary Closure Order.

Notably, the Chocolate Hills in Bohol are a UNESCO World Heritage Site, declared a protected area in 1997.

The DOT has affirmed that Captain’s Peak Resort lacks accreditation and has been coordinating with the Bohol provincial government since August 2023 to address concerns regarding the preservation of this natural wonder.

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