Amid the controversy hounding the construction of establishments within the protected area of Chocolate Hills in Bohol, the Department of Environment and Natural Resources (DENR) on Friday, March 22, said 13,500 hectares of flat areas in between the Chocolate Hills are “alienable and disposable”, meaning such lots can be titled by an individual or a company.
“Ang mahalaga rin pong malaman ng publiko, sa 30,900 hectares na Chocolate Hills, mahigit kumulang mga 13,500 [hectares] ay alienable and disposable. Dati pa po iyan. Ang ibig pong sabihin, pwede talagang ma-tituluhan (It is important for the public to know that out of the 30,900 hectares of Chocolate Hills, about 13,500 hectares are alienable and disposable. It has been like that even before. This means that the lots can be titled),” Environment Secretary Maria Antonia “Toni” Yulo-Loyzaga said during a radio interview.
Although the 30,900 hectares of the Chocolate Hills was declared as a protected area by by then President Fidel V. Ramos (FVR) through Proclamation No. 1037 in 1997, Loyzaga said that the flat areas in between the Chocolate Hills were removed from the coverage of the proclamation in 2022.
“In 2022, naalis po sa proclamation na iyon ang mga flat areas, mga in between the hills themselves sa proclamation as a national monument. So ano pong ibig sabihin? Wala na po ‘yung protection ng national monument na nilagay po ni FVR doon sa mga flat areas and in between the hills (In 2022, the flat areas, those in between the hills themselves were removed from that proclamation as a national monument. So what does that mean? The protection of the national monument that FVR placed there in the flat areas and in between the hills is gone),” the DENR chief said.
Loyzaga was talking about the National Integrated Protected Areas System or NIPAS Act of 2022 which amended Ramos’ Proclamation No. 1037.
The DENR noted that 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.
“The declaration aimed to preserve the iconic landscape of the Chocolate Hills and promote sustainable tourism while protecting the biodiversity and environmental integrity of the area,” it noted.
The agency said that if a land was titled before Proclamation 1037 declaring an area as a protected area, the rights and interests of the landowner will generally be recognized and respected.
“However, the declaration of the area as a protected area may impose certain restriction or regulations on land use and development within the protected area, even for privately-owned lands. These restrictions and regulations are to be detailed in the Environmental Impact Statement prior to the issuance of an Environmental Compliance Certificate (ECC) for the project,” it explained.
Meanwhile, Loyzaga said that the 400 hectares of the Chocolate Hills is classified as timberland, meaning it must not be touched.
‘Chocolate Hills is peculiar’
The case of the Chocolate Hills, according to Loyzaga, is very strange as the now protected area had owners such as people or corporations prior to its declaration as a legislated protected area.
“Ang Chocolate Hills ay peculiar in the sense na may prior rights ang ibang tao o ibang korporasyon na may may-ari bago po siya naging declared a legislated protected area (The Chocolate Hills is peculiar in the sense that other people or other corporations have prior rights with the owner before he was declared a legislated protected area),” she said.
“So medyo masalimuot po pero ‘yun po ang mga facts po natin na naabutan (So it's a bit complicated, but those are the facts we have come across),” she added.
In 2018, Loyzaga said the Chocolate Hills was legislated as a protected area, marking the organization of the Protected Area Management Board (PAMB).
She said the PAMB is required to create and submit plans that the local DENR will review as the DENR sits as the head of the board.
“Ang plano pong iyan ay kailangan ma-review ng DENR local pero po gawa po niyan, under advice or guidance ng mga local na official at kung sino man ang members ng PAMB (That plan needs to be reviewed by the local DENR but that is done, under the advice or guidance of the local officials and whoever is the member of the PAMB),” the agency chief said.
The local DENR, she noted, only votes when there is a tie during the voting of the members of the PAMB, acting as the tie-breaker in such instances.
“In principle po, in terms of the democratic nature of this particular law, in principle po maayos po siya kasi it’s the local that understands best pero kailangan lang ho siguro na ma-align iyan with the national government policies, especially on the protection of these particular areas.
DOT wants to join PAMB
Relatedly, the Department of Tourism (DOT) said it is seeking to be included in the PAMB in order to “provide recommendations on furthering the protection and preservation of the country’s protected areas safeguarded by the law, primarily in tourism destinations such as Bohol.”
Tourism Secretary Christina G. Frasco told Bohol Governor Erico Aristotle Aumentado that the agency wants to be part of the PAMB during her visit to Panglao, Bohol for the the inaugural Pacific Asia Travel Association (PATA) International Conference on Women in Travel.
”Being blessed with this incredible, rich, and beautiful resource comes with the enormous responsibility of ensuring it is maintained and conserved,” she said in a statement.
“This will not diminish our efforts to work with you because we recognize the trajectory of Bohol’s tourism and we want to be able to ensure that development is sustainable and the opportunities coming to your province are distributed equitably,” she went on.
The tourism department had earlier announced that the controversial Captain’s Peak Resort in Sagbayan, Bohol, which is situated within the Chocolate Hills, has no accreditation from the DOT.
Moreover, the DOT pointed out 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.”
Youth group chides gov’t agencies
Expressing their dismay at the construction of the resort right in the middle of the UNESCO-declare Global Geopark, the youth group Stewards and Volunteers for the Earth - Philippines (SAVE PH) called out concerned government agencies for their alleged failure to protect one of the Philippines’ natural resources.
The erection of the Captain’s Peak Resort, according to SAVE PH, is the “latest abuse and brazen disregard of Philippines’ laws.”
“Government agencies, despite having the authority to disallow any projects encroaching or posing a threat to our protected areas have been instrumental in such transgressions,” Zyoen Garcia, the convenor of the SAVE Ph, said in a statement.
Should charter change pushes through, she claimed that Filipinos must expect “foreign ownership of land [to] trigger illegal land conversions and infrastructure intrusion of protected areas will only lead to more agrarian conflicts and wildlife degradation.”
‘Already addressed’
On March 13, provincial government of Bohol said that it had already addressed the issue of the Captain’s Peak Resort development in the areas of the Chocolate Hills in Sagbayan town.
“The Sangguniang Panlalawigan Committee on Environment has conducted an investigation and submitted its report and recommendation. As stewards of the province, we cannot let this go on,” Governor Aumentado said in a statement posted on the “Provincial Government of Bohol” Facebook page.
The governor stated that the provincial government asked DENR and PAMB to “change its policy to the point that any development within the Chocolate Hills area which is not consistent to Bohol's UNESCO designation as a Global Geopark should be disallowed.”
“We will elevate this to the Secretary of the DENR for a clear guidance and direction,” the governor said.
Ordered close in 2023
The DENR, in an earlier statement, said it had already 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 Environmental Compliance Certificate (ECC).
“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,” the agency said.
Last week, a Facebook page posted a video showing a resort built right within the popular Chocolate Hills went viral. A lot of netizens have expressed dismay after seeing the resort within 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.