Atienza Requests, Stop Issuing Building Permits

Sec. Jose L. Atienza, Jr. of the Department of Environment and Natural Resources (DENR) has requested Malay Mayor Ceciron S. Cawaling to “suspend the issuance of building permits on new construction in Boracay Island for six (6) months to give way for the completion of the new environmental assessment and the Master Plan”. Sec. Atienza also requested Mayor Cawaling to “facilitate the passage of a Municipal Resolution on the Matter”.
The request was made in a letter dated August 23, 2007 which Madyaas Pen received a copy of it last week. We are publishing the letter in full for the information and reference of our readers, thus:

Dear Mayor Cawaling:

Greetings!

Boracay Island undoubtedly one of the best island resorts and in fact ranks as 7th most visited tourist destinations in the world. With its white sand beach, clean waters, blue skies and pristine environment, we cannot afford to lose these distinct features to environmental degradation.
Unfortunately, however, the Island is now hounded by various environmental issues that need immediate attention and action from the National and Local Government(s), such as ineffective solid waste management, inadequate drainage, sewage and sewerage facilities, air and water pollution, unbated construction among others. These indicate an unsustainable development which means that economic returns generated are short-term in nature and may, at the end, result to economic collapse of Boracay.
These issues were in fact discussed during my dialogue with Boracay stakeholders and community leaders on August 6, 2007 and there was an agreement that there should be a moratorium on the granting of new construction permits which is within the authority of the municipal government. But the urgency of the issue requires a strong support from the National Government especially the DENR.
The power of the State to regulate the acquisition, ownership, use, and disposition of property and its increments is enshrined in Section 1, Article XIII of the 1987 constitution. Moreover, under Section 3 of Executive Order (E.O.) No. 192 dated June 10, 1987 it is the policy of the State to ensure the sustainable use, development, management, renewal, and conservation of the country’s forest, mineral, land, off-shore areas, and other natural resources, including the protection and enhancement of the quality of the environment, and equitable access of the different segments of the population to the development and use of the country’s natural resources, not only for the present generation but for future generations as well. Thus, this Department’s actions on the environment is always based on our duty to assure the availability and sustainability of our natural resources through judicious use of systematic restoration or replacement, whenever possible (Section 4-a, E.O. 192).
Finally, in accordance with the Local Government Code of 1991, particularly Section 444 (b) (3) (vii), as the Municipal Mayor, you have the power and duty to adopt adequate measures to safeguard and conserve land, mineral, marine forest, and other resources of the municipality.
These legal bases are, I believe, more than enough to support our call for a moratorium on building new structures within Boracay Island for a period of six (6) months until the assessment of the environmental situation in the area is completed and the crafting of a new Environmental Master Plan and the finalization of the Boracay Development Master Plan is done.
While we are aware that there were previous efforts done by other national and local government agencies. I see the need for us all to harmonize our efforts in order to ensure that these are properly coordinated and implemented.
With this, I hope that your office will suspend the issuance of building permits on new construction in Boracay Island for 6 months to give way for the completion of the environmental assessment and the Master Plan and that you shall facilitate the passage of a Municipal Resolution on the matter.
Thank you for your continuous collaboration with this Department in ensuring sound environmental quality in Boracay and in further improving it into a world-class tourism haven.

Very truly yours,

(Sgd.) JOSE L. ATIENZA, JR.