The guests at the weekly Kapihan on June 18, 2011 at Smokehauz Resto & Bar discussed the burning issue, "TEPO On Caticlan Reclamation Project." Present are Atty. Ronquillo C. Tolentino, former Vice Governor, Atty. Allen S. Quimpo, former Congressman, Engr. Roger M. Esto, PPDO, and Engr. Victory Fernandez, PEO.
According to Atty. Tolentino, Boracay Foundation Inc. (BFI) petitioned the reclamation project before the Supreme Court which subsequently issued Temporary Environmental Protection Order (TEPO) on June 7, 2011 allegedly based on pure distortion of facts. The provincial government’s area to be developed is only 2.6 hectares and not 40 as alleged by petitioners.
The proposed tourism infra is fully supported by documents like Environmental Compliance Certificate (ECC) dated June 2, 2011 and Philippine Reclamation Authority on October 10, 2010. Atty. Tolentino is confident that respondent Aklan Provincial Governor will file a motion to lift the TEPO. Under the Rules of Procedure for Environmental Cases, motion to dismiss on TEPO is not allowed.
Atty. Quimpo pointed out that environmental laws governing marine conservation on the reclamation project are fully complied with. He cited the finding of UP Marine Institute that there is no environmental impact with reclamation projects less than 10 hectares. Since the project of 2.6 hectares is relatively small, there is no basis for doubt that the P260 million investments will push through completion. As to TEPO, the province has 10 days to respond to the Supreme Court’s decision.
According to Engr. Fernandez, the project accomplishment as of May 31, 2011 is 65 percent completed with Marina Bay area rising 1.0 meter above sea level. Concrete embankment of 2.3 meters is underway for anchoring of small watercrafts.
Considering the volume of construction materials on the job site for installation, the project may be technically 70 – 75 percent finished. As to the status of fund releases, building contractor was paid 45 percent of the total construction cost in April and 20 percent in the May making a total of 65 percent.
In view of unforeseen circumstances, stoppage on the project during these critical monsoon season and frequent storms, the integrity of the foundation and support structures maybe jeopardized. "We just hope and pray nothing catastrophic would happen" said Engr. Fernandez.
Engr. Esto clarified that in as far as he is concerned, "all legal papers and technical reports were fully complied with by the Aklan Provincial government. What appears to be plausible reason for BFI to file a continuing writ of mandamus and petition to the Supreme Court to issue a TEPO is that the government is seen as taking an active role in business and directly competing with them (BFI). This is patently absurd since under RA 7160 or Local Government Code, this is encouraged."
The Jetty Port project is issued ECC by DENR in 1997 and another one in April 27, 2010 for Jetty Port expansion involving 2.6 hectares. The rationale of development effort is to anticipate the influx of tourists to Aklan rising from 0.8 million to one million by 2012. Tourism receipts in 2010 show that Boracay got P14.3 billion boosting national economy.
The side of the Aklan Provincial government was well presented in the Kapehan since speakers are allied with the present Administration. The anti reclamation was absent to present its side. Unfortunately, BFI under the presidency of Ms. Loubelle Cann cannot address present issues and concern. (BFI is lukewarm connecting with Aklan press in Kalibo. – Ed)
However, Boracay Sun, a monthly tabloid dated June 2011 published Sophia Deduce’s article entitled, "SC Asked to Stop P1 billion Boracay Reclamation Project". There are three issues that formed the basis for issuance of TEPO by Supreme Court: First, the Provincial government failed to secure necessary Comprehensive Environmental Impact Assessment, Programmatice Environmental Project Statement (PEPS) and Programmatic Environment Report and Management Plan (PERMP) before it was issued ECC by DENR;
Second, respondent failed to conduct public consultation with stake-holders, local government units and NGO’s on proposed project; and
Third, Boracay has been declared environmentally critical area by DENR since 1981.
Engr. Esto argued that securing Comprehensive Environmental Impact Assessment (which took a minimum of three years to undertake) prior to issuance of ECC is no longer necessary according to DENR since the project is less than 10 hectares. Likewise, the need to secure LGU Malay’s endorsement is no longer needed based on revised guideline issued by DILG since it is a public works project.
It is untrue that public consultations were not held. We conducted consultative talks in Boracay and Caticlan involving stakeholders and public officials. As to the third issues, the on-going project is in Caticlan, not Boracay as alleged in the 35 page BFI petition.
Undoubtedly, Aklanons are waiting for the decision of the High Tribunal on this controversy. Meanwhile, let us hope for the best, maintain poise, dignity and sobriety in the face of even much bitter trials like raging poverty and hunger. Actually, TEPO is mild and passing phenomenon. /MP
No comments:
Post a Comment