Manila: The Department of Environment and Natural Resources (DENR) in Mimaropa has escalated its legal campaign by filing four additional environmental complaints against businesses operating unlawfully within the El Nido Managed Resource Protected Area (ENMRPA). This move underlines the agency's commitment to curbing illegal construction and business activities in protected zones without the requisite environmental clearances.
According to Philippines News Agency, DENR Mimaropa's recent complaints have been lodged with the Provincial Prosecutor in Palawan, raising the total number of cases to 28. These cases pertain to alleged breaches within the protected area, as detailed by Provincial Environment and Natural Resources Office (PENRO) Palawan Officer-in-Charge Felizardo Cayatoc in an interview. "These four environmental complaints are in addition to those previously filed at the provincial prosecutor, so it's now 28 here in Palawan," Cayatoc stated.
The complaints are based on alleged violations of Section 18(n) and (o) of Republic Act 7586, which has been amended by RA 11038 or the Expanded National Integrated Protected Areas System (E-NIPAS) Act of 2018. This legislation forbids occupying protected areas, constructing structures, and operating businesses without necessary permits and clearances. Cayatoc emphasized that certain establishments have been found operating without the required clearances from protected area authorities, despite holding business permits from local government units.
Cayatoc further clarified that local government business permits alone do not suffice for operations within protected zones. He advised businesses to secure clearances from the DENR to ensure their projects are permissible. "There must be a clearance and it must be determined whether the business or development that you are putting in the area is really allowed," he stressed.
The DENR also highlighted forestry violations, with some complaints addressing breaches of Section 77 of Presidential Decree No. 705, or the Revised Forestry Code, which penalizes unauthorized cutting and transport of forest products. Cayatoc revealed that there are instances of illegal tree cutting and conversion of logs into lumber, with some activities reportedly conducted under the cover of darkness to avoid detection.
The enforcement process by the DENR begins with monitoring and issuing Notices of Violation, followed by Cease and Desist Orders for non-compliance. Cases are then elevated to prosecutors after due verification, allowing violators a specific period to submit documentary evidence. All 28 complaints are currently under evaluation by the Provincial Prosecutor to assess probable cause. Penalties for proven violations may include forest charges, restitution, or other court-determined sanctions.
