TACLOBAN CITY – The Environmental Management Bureau-8 has dismissed the complaint filed by former Palompon, Leyte Mayor Myra Georgina Arevalo to cancel the Environmental Compliance Certificate of DBSN Farms Agriventures Corp. owned by incumbent Mayor Ramon Oñate.
In a 50-page decision dated Monday, November 13, the EMB dismissed the complaint for lack or absence of jurisdiction and merit.
The complaint stemmed from Arevalo's complaint letter on September 4 asserting that DBSN violated Section 78 of the Revised Forestry Code of the Philippines for unlawful occupation or destruction of forestlands with the construction of the soil conditioner containment area and the Eco Village.
She claimed that DBSN violated Section 18 of the Expanded NIPAS Act for the location of the Soil Conditioner Containment Area and the Green Pond is allegedly within the Palompon Watershed and Forest Reserve (PWFR).
Moreover, she claimed that DBSN violated Section 73 of the Comprehensive Agrarian Reform Law of 1988, as amended, for premature or illegal conversion with the alleged excavation and quarrying activities during the construction and development of its breeder farm in Lot No. 5143, rendering the land suitable for industrial and not for agricultural purposes which, in effect, obstructs the implementation of the CARL.
Arevalo asserted that DBSN violated the Agriculture and Fisheries Modernization Act of 1997 for the premature conversion of Lot No. 5143 from agro-industrial land to industrial land without an approved conversion order from the Department of Agrarian Reform (DAR).
She also contended that DBSN violated Article 64 of the Water Code of the Philippines for allegedly extracting groundwater for its operation without the necessary water permit.
EMB-8 issued Regional Special-Order No. 2023-272 on September 26 creating a fact-finding team to examine, explore, inquire upon, delve, or probe the complaint filed by Arevalo.
However, EMB-8, through the investigating team, said it cannot inquire, delve, or probe into the alleged violations for lack or absence of jurisdiction over these laws.
In addition to the lack or absence of jurisdiction, the EMB-8 stated that a violation of any of these laws, assuming the commission of the same, is still not a ground for the cancellation of an ECC.
It added that the cancellation of an ECC is not the penalty whenever a violation is committed under any of these laws.
EMB-8 also did not take Arevalo's testimonies for being "self-serving and not scientifically objective."
The bureau stated that the complainant has not adequately and sufficiently proven that there is grave and irreparable injury to the environment as a result of the acts committed by DBSN that would entitle them to the ECC cancellation prayed for in the complaint.
Earlier, Leyte Rep. Richard Gomez authored House Resolution No. 778 seeking an inquiry into the alleged violations of land use and environmental management laws in the municipalities of Palompon and Albuera on the poultry farm owned by Oñate.
Gomez also urged EMB to immediately cancel DBSN's ECC, citing an assessment study of the University of Santo Tomas Department of Biological Sciences that allegedly exposes the pollution in the waters of Ormoc Bay.
Amid the ongoing congressional inquiry, Oñate maintains that DBSN is compliant with all EMB requirements and regulations.
"All their accusations are figments of their imagination, and pure and simple political gimmickry and mileage. Trabaho lang tayo malayo pa ang election," he said.