Developer fined for violating ECC

CEBU, Philippines – The Department of Environment and Natural Resources-7 has penalized a developer in Cebu City for violating four conditions in the Environment Compliance Certificate, including removal of trees without special permits and replacement.

The Environmental Management Bureau (EMB)-7 fined 8990 Housing Development Corporation/Deca Homes Guadalupe Project in Barangay Kalunasan P80,000.

During a technical conference on March 2, 2015 presided by EMB- 7 Director William Cuñado, Deca Homes committed to pay the reduced penalty of P80,000 on or before March 10, 2015.

Deca Homes was represented by its General Manager for Operations Anthony Vincent Sotto and Liaison Officer Mery Joy Colastre during the conference.

The commitment sheet that Sotto and Colastre signed also indicates that the maximum penalty of P50,000 for each ECC violation condition shall be imposed if the company fails to pay the reduced penalty after the due date on March 20, 2015.

Aside from paying the fine, Deca Homes also promised to submit a Compliance Monitoring Report (CMR) on or before March 9 and to secure relevant permits or clearances before further project implementation.

The penalty is based on the Table 2.3 of the New Revised Procedural Manual of Presidential Decree 1586 or the Philippine Environmental Impact System Law for violating ECC conditions, namely, failure to establish a nursery program for the seedling production of 8,000 in support to the Green Philippines Master Plan; failure to conduct earth balling activities of the affected trees and failure to secure the necessary documents such as clearance from the DENR Secretary, balling permit; failure to submit an updated Project Environmental Risk Categorization prior to implementation; and failure to submit semi-annually an ECC Compliance Monitoring Report (CMR).

The Community Environment and Natural Resources Office (CENRO) Cebu City issued a certificate of tree plantation ownership (CTPO) number 2015-CBU-01-001 last January 23, 2015 to 8990 Housing Development Corporation represented by Colastre after a clearance by Montejo last January 13, 2015.

Based on the CTPO issued to the developer, the housing project area of 31,918 square meters has a total of 151 trees – 146 Gemelina, two Mangoes, one Jackfruit, one Mahogany, and one Caimito.

This is to develop and manage a legacy tree farm area within a private property in Brgy. Kalunasan, Cebu City.

However, DENR-7 clarified that a CTPO is not a permit but a mere certification and the area has been converted into a different land use, a subdivision.

Cuñado issued a notice of violation (NOV) last February 26 to Deca Homes following investigation. — (FREEMAN)