THIS is my ten cents worth of the Captain’s Peak brouhaha.
Instead of helping, the controversy has degraded the province’s tourism program.
Why?
Let me discuss.
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The closure order issued by DENR against Captain’s Peak is basically anchored on the lack of environmental compliance certificate (ECC), and nothing to do with the construction of the swimming pool and other facilities therein.
In other words, the cause for closure is as common as the other tourist facilities in the province, not just in Sagbayan, Carmen, Loboc or in Panglao – lack of ECC.
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When the board member delivered the scathing privilege speech before the halls of the sanggunian, everything broke loose.
Piti-piti dayon ang mga marites, haters, bashers and their kin, the controversy became viral online.
Nakaayo ba sa local tourism industry ang gihimo sa board member?
Many are of the opinion that it didn’t.
Imbes makaayo, naka-guba na hinuon.
Imbes mo-support, gibunalan man hinuon. We will have some more of this later.
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Accordingly, the ECC was on process at the time of the construction works. In local industry practices, this is very common.
Construction will start even before the issuance of the ECC because the process for the issuance of ECC is very tedious, takes long and also expensive. After all, the ECC is intended to mitigate damage to the environment.
If the issue of lack of ECC is raised while the construction works are on-going, the usual practice is to pay the penalty. And the construction goes on until completion.
So when somebody says that that particular building has no ECC, that may be true but it may also be true that the ECC is already on process.
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When the DENR issued the closure order against Captain’s Peak, because of lack of ECC, what happened?
Diha bay politiko nga mibabag?
Meaning, pasagdi lang usa na, total, gi-process na bitaw ang ECC.
If true, who is that politician?
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Now, let’s go back to the effect of the privilege speech.
The kagawad can always say he was after the proper implementation of the law.
Correct, no problem with that.
But the thing is, there are so many construction projects in Bohol that do not have ECCs. And these include many tourist spots in Panglao.
So if the kagawad wants to open up the Pandora Box of ECC-deficient tourist spots in Panglao, does he have any idea how many are involved?
So if these establishments are ordered closed, because of lack of ECC, can the province cope with the resulting problems?
I came across these problems when I accompanied former PACC Commissioner Atty. Manny Luna in one of his sojourns in Panglao. The list he had was very long, yes, very long, so if these establishments are ordered closed, many would be affected, primarily the workers.
How can the province address the problem of “makulban og kaldero,” not in the hundreds but in the thousands?
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The Mayor of Sagbayan was asked by DILG Secretary Abalos to explain why he allowed the construction of the resort in a protected area, and covered under UNESCO global heritage site?
I am sure the owner of Captain’s Resort can very well hire a topnotch lawyer to respond to the letter of the SILG.
But this is my idea.
The owner has a perfect title, issued long before the NIPAs Act or the inclusion of the UNESCO blah, blah, blah. In other words, he has every right, just like other citizens similarly situated, to do whatever he wants on his property.
And the government can’t do anything but to respect that right.
So if the owner decided to construct a swimming pool, slide, etc on his property, the government cannot do anything but to respect the decision of the owner. Except that the owner failed to secure an ECC before completion of the project.
The thing is – nobody can question the owner of Captain’s Resort if he constructs swimming pool, slide and others on his property. As discussed above, that is his absolute right.
But he failed to secure an ECC for his construction works, and the lack of ECC makes him a candidate for imposition of penalty. So if he pays the penalty, can he continue with his works?
Of course, he can.
But just the same, he has to complete the process and secure the issuance of an ECC later.
That is his commitment. And he has to comply.
