By Miriam G. Desacada
Palompon Leyte-The Environmental Management Bureau-Region 8 (EMB-8) dismissed the complaint of former mayor Myra Georgina Arevalo of Palompon, Leyte seeking the cancellation of the Environmental Compliance Certificate (ECC) issued to DBSN Farms Agri-ventures Corp.-Breeder Farm, owned by incumbent Mayor Ramon Oñate.
The EMB-8 ruled that the laws cited by Arevalo to have been allegedly violated by DBSN are “not grounds for the cancellation of an ECC,” thus the complaint is “misguided” and be dismissed for lack of merit.
The laws, which the complainant alleged were violated by DBSN, were not among those falling under the mandate of the EMB, thus the petition to cancel the ECC must be dismissed outright for lack of jurisdiction and/or lack of merit.
However, EMB-8 directed DBSN to suspend at this time the use of the Soil Conditioner Containment Area and the Green Pond, which was among the additional facilities contained in DBSN’s earlier application for an expanded ECC.
It said the suspension must be implemented pending the resolution of the Notice of Violation (NoV)—issued by the DENR-8 on 09 October 2023 to DBSN—and the zonification of the area where the additional facilities are located, partly at Barangay San Joaquin, which was found to be within the Palompon Watershed and Forest Reserve (PWFR), and thus a protected area.
On 19 July 2018, EMB-8 issued to DBSN the ECC (OL-RO8-2018-0098) for a proposed construction of Layers (Breeders Hen) Farm at San Joaquin, Palompon and then, on 21 December 2020, DBSN got an amendment of its ECC for expansion of its project area from 19.6965 hectares to 20.6965 hectares.
The additional facilities of DBSN’s breeder farm were: a) soil conditioner containment area (compost pit) for the chicken manure; and b) greenpond for African catfish with lilies. Earlier this year, EMB-8 inspected the farm and found that these are in two different properties and lot numbers: the breeder farm is in lot no. 5143, and the added facilities in lot no. 5150.
Arevalo them filed a complaint before the EMB-8 on 04 September 2023 asking the agency for the following:
1) canceling the ECC of DBSN; 2) filing of criminal cases against DBSN personnel; 3) preventively suspending government personnel for alleged involvement in what she described as environmental transgression of DBSN and 4) reviewing of fines and penalties—imposed by the Pollution Adjudication Board against DBSN—that she alleged were erroneously computed to favor DBSN.
Complainant alleged that DBSN violated Presidential Decree 705 (Revised Forestry Code) for unlawful occupation or destruction of forestland due to construction of soil conditioner containment area and Eco Village; that the Expanded NIPAS Law is violated because the additional facilities are within the PWFR, a protected area.
She alleged also that DBSN violated the following laws: RA 6657 (Comprehensive Agrarian Reform Law), RA 8435 (Agriculture and Fisheries Modernization law), and PD 1067 (Water Code of the Phil).
Arevalo further claimed there was incorrect imposition of fines against DBSN for violation of RA 9275 (Clean Water Act), and that DBSN committed major offenses in violating conditions of the ECC, thus this ECC be cancelled.
On September 26, EMB-8 created a fact-finding team to look into the allegations contained in Arevalo’s complaint, and determine if there was ground to cancel the ECC of DBSN.
The probe team subsequently came up with these findings and recommendations: 1) the EMB cannot delve into the alleged violations for lack or absence of jurisdiction over the cited laws; 2) the petition for ECC cancellation be dismissed outright; 3) the violations of any of the cited laws are not ground for ECC cancellation; and 4) cancellation of ECC is not deemed a penalty for violation of the laws mentioned by the complainant.
The EMB-8’s probe team further sought answers from CENRO-Ormoc over the issues raised by Arevalo. CENRO-Ormoc however referred to the DENR-8 and the Biodiversity Management Bureau (BMB) this question: if the PWFR is a protected area or protected by E-NIPAS law?
On November 9, DENR-8 issued a certification declaring that lot 5143, where the breeder farm was constructed, is an alienable and disposable land thus, outside the scope of PWFR.
DENR-8 concluded: Lot 5143 is not a protected area, confirming the presumption of regularity in ECC issuance, and that DBSN did not breach PWFR’s supposed buffer zone because there is no buffer zone yet, as required by law to be under the Protected Area Management Board (PAMB).
For lot 5150, DENR-8 certified that part of this lot—where the soil containment area facility is located—is a timberland inside the PWFR. But DBSN owns a land title, tax declaration and lease contract over this area when it applied for ECC amendment, thus there is proof of authority with the legal presumption of regularity.
When DENR-8 issued an NoV against DBSN, regarding this issue, it however declared that DBSN has prior rights over lot 5150, which ought to be respected and protected unless a court diminishes such rights by invalidating the title.
The NoV issued by DENR-8 against DBSN was due to the latter’s construction of the facility and conduct of a business within the protected area without prior clearance in violation of E-NIPAS Law. A controversy however arose over this matter because of DENR-8’s acknowledgment of DBSN’s lot title over the said lot.
It was recommended then to DBSN to suspend the use of the additional facilities covered by the ECC, especially the containment area pending resolution of the controversy, and zonification of the protected area by PAMB.
Finally, the EMB-8 resolved that Arevalo’s complaint for cancellation of the ECC of DBSN be dismissed outright for her failure to establish any grounds for such action.
EMB-8 ruled that the laws she cited as being violated by DBSN are not grounds for ECC cancellation, and cancellation of the ECC is never a penalty for violation of the cited laws. Besides, the laws allegedly violated by DBSN do not fall under the mandate of EMB thus outside of its jurisdiction. —Miriam G. Desacada