THE national government thru the Department of Environment and Natural Resources (DENR) has the power to reclaim the owned and titled Chocolate Hill within the declared protected areas, but has to pay every private individual/owner for just compensation of such property.
This is one of the ticklish issues in dealing with the proposed House Bill No. 831, an Act establishing CH Natural Monument, amending the protected area management board and for other purposes being filed at the House of Representatives.
Congw. Kristine Alexie B. Tutor presided over the recent consultation/meeting held at the Capitol with stakeholders and some representatives of agencies/offices concerned that tackled this very concern.
Provincial Legal Officer Atty Handel Lagunay and PENRO Josee Cleo Cary Colis confirmed this (reclaiming titled Choco Hill) in separate interviews.
Section 2 of the proposed law provides, “All titled lots owned by private person and/or corporations within the hills and the 20-meter drawback therefrom shall be appraised by the municipal assessor, or by court order and subject to just compensation.”
One such instance is the use of a titled Choco Hill situated at barangay Tamboan, Carmen town with a spiral staircase uphill as its attraction developed by the owner (name withheld).
Then, it was visited by then DILG Sec Benjamin Abalos when the controversial Captain’s Peak Mountain Resort in Sagbayan town erupted. It has secured a certification issued by Choco Hills Protected Area management Board (PAMB) clearance and DENR’s Environment Clearance Certificate. But the municipal government of Carmen did not issue a mayor’s permit to operate. Mayor Conchita delos Reyes was suspended for months in 2024 by the Ombudsman.
Lot owners in the towns of Carmen, Batuan, Bilar and Sagbayan, who made their land titled even before the promulgation of the National Integrated Protected Areas System (NIPAS) in early 1990s, are complaining why they were issued Notices of Violations (NOVs) for the absence of ECC.
DENR issued a total of 434 NOVs in 401 alienable and disposal lands with only 44 PAMB issued clearance in the towns of Carmen (76 NOVs), Batuan (100), Bilar (70) and Sagbayan (188 NOVs).
Then Batuan Mayor and currently vice-mayor Dodo Jumawid, who is a lawyer by profession, confirmed that even a vulcanizing shop was required to secure ECC or face closure. He called this injustice as long as the said law stays or until it is amended. And this mainly prompted Tutor to propose such House Bill No. 831.
The Chocolate Hills Natural Monument (CHNM), which the DENR suggested to name it (title) to Chocolate Hills Geological Natural Monuments, covers some 1,776 considered choco hills with protected area of 5,883.65 hectares, Section two of the proposed law provides.
CHNM is governed by Proclamation No 1037, series of 1997, as amended by Proclamation No 333, series of 2003.And this law is amended to Republic Act No. 11038, a.k.a. The Expanded NIPAS as amended.
If approved, the law mandates self-demolition for not over two years (as may be determined by EMB) of the existing private commercial structures without PAMB clearance and DENR’s ECCs.
The private structures prior to E-NIPAS law are allowed “to remain, improved and repaired, provided that no expansion will be conducted and the owner is listed as tenured migrant. He is allowed to harvest planted trees, fruit trees and other agricultural crops an engage in sall scale livelihood projects within the “multiple use zone.”
The Choco Hills Consultation was attended by PLO Atty. Handel Lagunay, CENRO Racho, Congw. Tutor, BM Jamie Villamor, Mr. Piollo, Tata Ganub (both of BEMO), PENRO Colis, JP Maslog and Ondoy Borja, representing Rep. Baba Yap. Gov. Aris Aumentado and Congw. Vanvan Aumentado participated in the said consultation virtually. (Ric Obedencio)
