Senators slam DENR exec’s absence when PAMB cleared Chocolate Hills resort

A former Department of Environment and Natural Resources’ (DENR) regional executive director for Region VII earned the ire of at least three senators after he admitted that he was not present when the Protected Area Management Board (PAMB) issued the resolution allowing the construction of a resort in Chocolate Hills.

During the Senate investigation into the construction of Captain’s Peak Garden and Resort in Chocolate Hills, Senate President Pro Tempore Loren Legarda said it was former DENR Regional Executive Director for Region VII Gilbert Gonzales, who is now an assistant secretary in the agency, who gave permission for the construction of the resort.

Being the DENR regional executive director at that time, Gonzales was the chairperson of the PAMB.

Gonzales was present at the hearing and was told to explain his side. But before that, Senator Cynthia Villar, who presided over the investigation, quipped about the DENR official’s promotion.

“Ikaw ang magsalita. Eh ikaw pala lahat e. Kaya ka siguro na-promote,” Villar said.

In explaining his side, Gonzales said PAMB Resolution No. 1 was issued on February 15,2018 when there was Presidential Proclamation No. 333 which he said declared the flat lands of Chocolate Hills as multiple-use zones and alienable and disposable lands.

Villar immediately refuted Gonzales’ explanation and said that the proclamation was meant to allow farmers to use the land and not to establish resorts and businesses.

Legarda backed Villar and pointed out that the priority of the DENR under the Expanded National Integrated Protected Areas System Act of 2018 should be biodiversity conservation and protection.

Gonzales tried to elaborate his point further by showing a presentation, but to no avail.

“Tama na ‘yung presentation. Bakit hindi mo sagutin ‘yung answers… Lalo kayong nadidiin pag nagpe-presentation kayo e. Nakikita pa yung depekto niyo e,” Villar said.

At this point, Gonzales disclosed that he was not present when a special PAMB meeting was conducted on February 15, 2018.

“Actually, nagkataon po na during this time, hindi po ako present during the PAMB meeting. I was on an official travel in Baguio,” Gonzales said.

Villar started to question why Gonzales allowed the PAMB meeting to push through despite his conflict in schedule and let the members of the board, which was composed mostly by barangay captains, to decide on a very important matter.

“Bakit mo ini-schedule nang wala ka, ‘di ba? Hay naku! Parang ano naman yan, nagkataon naman ‘yan. Ako, pag wala ako, hindi ko na ini-i-schedule. Baka kung ano gawin e…Eh baka pag alis ko kung ano-ano ang gawin e,” Villar said.

Gonzales attempted to explain that this has been a “common procedure” in the PAMB, but this only earned the ire of Villar.

“Hay naku! It’s not a common procedure. Kung talagang baka nga umabsent ka para maipasa e,” she said, an allegation that was categorically denied by Gonzales.

This prompted Senator Nancy Binay to urge the DENR to check this “common procedure” of allowing PAMB members to issue a resolution even without the presence of the DENR regional executive director.

“I think, there’s a need to correct that common procedure na wala ‘yung chairman. Baka you need to tighten that procedure,” Binay said.

“Baka there’s a need na kapag wala ‘yung taga-DENR na member ng PAMB, baka hindi pwedeng magkaroon ng hearing. Baka it can be just a policy,” Binay said.

Environment Undersecretary Ernesto Adobo explained that the DENR has an administrative order which allows the members of the PAMB to elect a temporary presiding officer in the absence of the chairman of the board.

Adobo said that the DENR will revisit the department administrative order.

Despite this, Legarda still insisted on the need for accountability over the construction of the resort as she explained that the PAMB resolution could not be implemented if the DENR regional executive director was not aware of the matter.

“I cannot believe that the absence of the PAMB chair, who is the regional director at that time, will allow it to happen and did not know what was going on under his or her nose and eyes at that time. I cannot believe that,” Legarda said.

“We will just leave it at that? Absent ako non so wala akong kinalaman don…Ganon na lang? Ayon po sa batas na sinulat natin ay mananagot dapat ang implementing agency. That’s the reason why we put a PAMB…kaya ang tinalaga na chair ay ‘yung regional executive director para mangalaga, mag-alaga for biodiversity conservation, not for hotel management kasi kung gusto namin na puro kita at hotel management, ay sana yun ang nilagay namin sa batas,” she said .

Legarda went on and said, “We have to see accoutnability. Hindi po pwedeng puro powerpoint ang sagot sa ating mga tanong or wala ako don, absent ako non. I’m sorry.”

Gonzales maintained that the PAMB members had deliberated on the matter thoroughly even without his presence and the barangay captains, who were members of the board, even included several conditions before approving the resolution.

“Marami po silang mga condition na ini-stipulate dito. In fact, meron po silang mga isinaad dito na hindi nila inaallow na ilagay…meaning nagkaroon po talaga ng deliberations dito. Pinag-usapan nila what is acceptable to the PAMB,” he said.

“Hindi naman po talgang outright na nag-oo lang sila. In fact, in-emphasize po rito that the proponent should secure pertinent permits from other offices required including the [Environment Compliance Certificate],” he added.

Should Captain’s Peak Resort only apply for ECC, Gonzales said they will scrutinize the project further.

“Hindi ko sinasabi na pumirma lang kaming nakapikit dito. It went through a process and we recognized the decision of the PAMB in this praticular decision,” he said.

After an exhaustive explanation, Legarda is still not convinced with Gonzales’ reasons and said that the DenR should guide the PAMB to ensure that their decisions follow the intent of the law.

“The answer of the DENR is not accepted. I’m not content with that very frivolous answer. Hindi pupwedeng palusot, madam chair,” she said.

Both Binay and Villar also pointed out that the resort construction won’t push through if this was already opposed at the PAMB level.

Last March 13, Captain’s Peak Resort announced its temporary closure amid flak on social media and imminent government action regarding its operations.—LDF, GMA Integrated News