The Department of Environment and Natural Resources (DENR) said it has discovered that the local government unit (LGU) of Sagbayan in Bohol issued building permits to the operator of the controversial pool resort built within the protected area of Chocolate Hills despite the company failing to secure an Environmental Compliance Certificate (ECC).
Environment Secretary Maria Antonia “Toni” Yulo-Loyzaga said the agency will study whether to allow the Captain’s Peak Resort to reopen after it stopped its operation, given that their establishment is erected in a multi-use zone.
“Ito ang nakita namin upon investigation. The first building permit was granted in 2020. Alam naman nila siguro at that time wala pa silang ECC but the local government was able to somehow issue that building permit (This is what we found out upon investigation. The first building permit was granted in 2020. They probably knew that at that time they did not have an ECC but the local government was able to somehow issue that building permit),” Environment Secretary Maria Antonia “Toni” Yulo-Loyzaga told the media during a virtual press briefing on Friday, March 15.
“The second building permit was issued on September 23, 2022. Alam naman po natin siguro at alam naman po nila na wala po silang inapplyan na ECC (We probably know and they know that they did not apply for ECC),” she went on.
The DENR chief said that they also discovered that barangay officials in the area had also issued a certification to the resort on July 8, 2022.
In the Philippines, securing an ECC is required before obtaining building permits from local governments, especially for projects located in protected areas like Chocolate Hills or those with potential environmental impacts.
The environment department said the location of the resort was declared by a technical working group, comprised of barangay chairpersons, planning officers of the six LGUs within the Chocolate Hills and the DENR, as a multi-use zone, not a strict protection zone.
“They are a titled property and they went through the PAMB [Protected Area Management Bureau]. Actually, they were going in the right direction so to speak so hindi illegal per se sana ‘yung pagtayo nila doon sa area. Pero a substantial requirement would have been to obtain the ECC which they did not do (They are a titled property and they went through the PAMB. Actually, they were going in the right direction so to speak so their standing in that area was not illegal per se. But a substantial requirement would have been to obtain the ECC which they did not do),” said DENR Undersecretary for Field Operations Juan Miguel Cuna.
Due to its other potential violations, Loyzaga said the fate of the resort is still in limbo as to whether it would be granted an ECC.
Aside from constructing without an ECC, Cuna said the Captain’s Peak Resort may also be in violation of discharging water without discharge permit; failure to register as a hazardous waste generator; and failure to get a permit from the National Water Resource Board (NWRB) for building a well in the area.
Cuna noted that the resort is a private property when asked about its possible demolition.
He said the agency is also looking into the “actions or non-actions” taken by DENR’s regional offices regarding the controversial resort.
‘Not much police power’
Environment Usec. Joselin Marcus Fragada said the DENR has “not much police power” in such instances, making it difficult for the agency to impose orders.
“We usually seek assistance, of course, of the LGU and other agencies. But truly… enforcement is something to be strengthened,” he said, pertaining to the implementation of DENR’s orders.
Loyzaga said it is very important to fortify DENR’s enforcement of its orders.
For enforcing their orders, she said they usually have to coordinate with either the local government unit, law enforcement agencies like the Philippine National Police (PNP), Armed Forces of the Philippines (AFP), and the National Bureau of Investigation (NBI).
“But then of course it takes time to coordinate and then sometimes they have to get clearance and all these things. There's a process of course that everybody has to observe,” she said.
“But if we had our own enforcement bureau here in the department, we would be able to implement orders and prosecute cases if necessary in a faster manner,” Loyzaga added.
The DENR had earlier issued a Temporary Closure Order to the Captain’s Peak Resort on September 6, 2023, and a Notice of Violation on January 22, 2024, for operating without an ECC.
The agency said: “As of March 13, 2024, the Regional Executive Director Paquito D. Melicor issued a Memorandum directing PENRO Bohol Ariel Rica to create a team to conduct inspection at Captain's Peak for its compliance with the Temporary Closure Order.”
Known for their unique geological formations, the Chocolate Hills in Bohol are designated as a UNESCO World Heritage Site.
Chocolate Hills were declared a protected area on July 1, 1997, through Proclamation No. 1037 issued by then President Fidel V. Ramos, the agency noted.
The Proclamation designated the Chocolate Hills as a National Geological Monument and a Protected Landscape, recognizing the unique geological formations and the importance of covering this natural wonder for future generations.
It can be recalled that a Facebook page posted a video showing a resort built right within the popular Chocolate Hills. The video went viral, but a lot of netizens have expressed dismay after seeing the resort in the famous tourist spot.
The said video garnered a lot of “angry” reactions from Facebook users, with some netizens even calling out the government for allowing the resort’s construction. Some of them even pointed out that the Chocolate Hills is a protected area.
Recently, the Department of Tourism (DOT) said that the Captain’s Peak Resort has no accreditation from the tourism department.
The DOT noted that its regional office in Central Visayas has been in coordination with the provincial government of Bohol since August 2023 to express its “concerns regarding this matter, especially recognizing the necessity of preserving the integrity of this natural resource.”