Raps eyed vs Captain’s Peak over illegal water use

MANILA, Philippines —  The National Water Resources Board (NWRB) is considering filing a criminal case against the Captain’s Peak Garden and Resort for illegal extraction and use of water resources for its operations.

NWRB executive director Ricky Arzadon said they discovered that the resort was utilizing deep wells without the necessary water rights and permits from the regulatory body.

Because of this, Arzadon said that he issued a cease-and-desist order – which is yet to be served – against the resort, which lies within the Chocolate Hills.

The resort has been temporarily closed due to irregularities raised by various government agencies, particularly the lack of an environmental compliance certificate (ECC).

“That is an illegal extraction of water. They do not have a permit and that is even a criminal offense,” Arzadon told reporters yesterday.

He said the owners of the resort will have 15 days upon receipt of the cease-and-desist order to explain why they illegally extracted and used water resources in the area.

Arzadon confirmed that there is a possibility that they will file a case against the resort, depending on the owners’ explanation.

“Based on their explanation, we will assess if we need to file a criminal case against them,” he said, noting that the resort owners could face penalties stipulated under Presidential Decree 1067 or the Water Code of the Philippines.

Under the Water Code, the appropriation of water without necessary permit faces a fine not exceeding P3,000 or face imprisonment for not more than three years or both.

NIPAS law

Environment and Natural Resources Secretary Maria Antonia Yulo-Loyzaga has ordered a review of the implementation of the National Integrated Protected Areas System (NIPAS) law in at least 248 protected areas in the county amid the controversial resort and other structures at the Chocolate Hills in Bohol.

In a radio interview, Environment Undersecretary Jonas Leones said the order of Loyzaga will determine the liability of the Protected Area Management Bureau (PAMB) in allowing development in the country’s protected areas.

“The marching order of the secretary is to strengthen the campaign (in protecting the protected areas). We already had a meeting with our regional executive directors to determine the problems in the implementation of the provisions of the NIPAS law,” Leones said.

“We will determine what was the basis of PAMB in allowing these kinds of activities inside the protected area of Bohol, including the liabilities (of officials),” Leones said, adding that the department is now conducting an inventory on protected areas to determine if similar structures were built in other areas covered by the NIPAS law.

Leones also admitted the controversy brought by the Captain’s Peak Resort is an eye opener for everybody to monitor illegal structures in other protected areas.

Back in 2018, the DENR-PAMB approved Resolution No. 01, endorsing the proposed Captain’s Peak Garden and Eco-park Tourism Resort in Barangay Canmano, in Sagbayan town, Bohol. –  Bella Cariaso