The Department of Environment and Natural Resources (DENR) is receiving and disbursing illegal funds in exchange for the issuance of environmental clearance certificates (ECCs), Senate Minority Leader Teofisto Guingona charged yesterday.
In a privilege speech, Guingona said that the Environmental Management Bureau (EMB), an agency under the DENR, receives funds from firms seeking ECC for honoraria for personnel, resource persons and support staff who assess and review the environmental impact statement.
"This is legalized bribery!" he said.
The firms applying for ECCs also pay transportation costs like plane fares to the site where needed, per diem of the review members, resource persons and support staff, logistical support for audio-visual systems communications, supplies and materials, rental of equipment, laboratory analysis and other related costs, according to Guingona.
He contended that private firms should not provide funds for government officials and personnel who are already paid with public funds to do their job.
He argued that the EMB cannot collect honoraria because the assessment and review of the environmental impact study are part of its functions as a regulatory agency.
"Now, how can the EMB conduct its review and evaluation of these applications with utmost objectivity if, in the process of conducting its review and evaluation, it collects monies from the applicants? The exaction of funds is a form of legalized bribery!" Guingona asserted.
The collection of funds from ECC applicants was made possible through a memorandum of understanding signed by the EMB with another DENR attached agency, the National Resources Development Corp. (NRDC), in November 1998.
Under the agreement, all work and financial plans of applicant firms approved by the EMB would be transmitted to the NRDC. The latter will collect 20 percent of the trust fund put up by the firms as management fees.
"Of the 20 percent, 25 percent will go to the EMB," according to Guingona.
He branded this memorandum of understanding between the two DENR agencies as illegal, because it violates the Revised Administrative Code and also pushes the DENR into a conflict-of-interest situation.
He noted that under the MOU, any funds collected by the EMB are put into a trust fund with the NRDC acting as the trustee.
"This is unlawful because these funds must be deposited in the public treasury to be disbursed in accordance with the proper appropriation law," Guingona stressed.
He called for a Senate investigation of the arrangement to determine how much had been collected, to stop the "illegal activity," pinpoint accountability, and enact remedial legislation where needed.