Citra to DENR: Why fine us now?

Skyway developer Citra Metro Manila Tollways Corp. (CMMTC) questioned yesterday the recent order of the Department of Environment and Natural Resources (DENR) for the firm to pay a P58.8-million fine due to alleged irregularities in the construction of the elevated highway's entry and exit ramps.

A CMMTC source who asked not to be identified said the order of the DENR came as a surprise to them as the construction of the Skyway ramps being questioned were already finished. The ramps, the source added, are now being used by thousands of motorists.

DENR Secretary Antonio Cerilles earlier ordered CMMTC to pay the penalty for allegedly violating three provisions in its Environmental Compliance Certificate in the construction of the Skyway's entry and exit ramps in Bicutan and Makati. He cited Presidential Decree 1586 or the Environmental Impact Statement law as basis for his ruling.

The CMMTC source argued that the DENR should not have imposed the penalty as the company has already explained and reported its actions last year on the violations stated by the DENR-Environment Management Bureau.

"We are not inclined to pay this (fine), we have complied with the ECC," the source noted.

The CMMTC had also complied with the requirement of the DENR's Environmental Management Bureau (EMB) that it draft and implement a cleanup plan for the Amorsolo creek in Makati and the Palil creek in Bicutan, the source noted.

The source explained that the Amorsolo creek was never touched by the CMMTC while the Palil creek was damaged by a previous developer in the area and not CMMTC.

The source added that all damages claimed by the residents of Marimar Village in Bicutan had been settled by CMMTC, noting that a total of P3.3 million had been paid by the company to the residents.

On the issue of the fine, the official expressed confusion over the amount which was reportedly beyond what was recommended by PD 1586.

He explained that the law only prescribes a maximum penalty of P50,000 per violation of the ECC but does not specify that the charges shall be computed on a daily basis. At most, the total fine should have been just P150,000, the source explained.

The DENR, for its part, explained that the charges were based on CMMTC's decision to ignore the cease and desist order issued by the EMB in July 1999. The P50,000 penalty for each violation was multiplied by the number of days the CMMTC undertook its construction activities upon the issuance of the order.

Meanwhile, Makati City Councilor Robert Dean Barbers lauded the DENR's decision stopping the CMMTC from constructing the Skyway ramps in Makati and Bicutan.

Barbers said the decision was a great relief to the residents and businesses in Makati.

"Finally, the DENR has heard the voice of the people of Makati. This bolsters the opposition of the Kontra-Rampa. No one can really suppress the truth from coming out. We have been right all along," he said.

Barbers noted that the construction of the ramps in Makati has greatly affected the business community and residents of the city. "The key here has always been prior consultation. The law provides that for projects like these, the affected populace should have been well consulted," he said. - With Jose Rodel Clapano