Chocolate Hills controversy: The lost culture of stewardship
In tackling this controversy on the construction and operation of a resort within the Chocolate Hills in Bohol, it’s quite puzzling that the local government in Bohol, particularly the provincial government, seems to distance itself from the controversy and points towards the Department of Environment and Natural Resources (DENR).
Bohol Governor Erico Aristotle Aumentado, in yesterday’s report by The FREEMAN, expressed “surprise” at the issuance of a temporary closure order by the DENR Central Office, which came after a bird's-eye view photo of the resort went viral on social media. He said that the provincial government had reached out to the DENR as early as September last year to inquire about the proper action concerning the resort but received no response until the controversy erupted online.
On July 1, 1997, the late president Fidel Ramos issued Proclamation 1037 which designated the Chocolate Hills as a National Geological Monument and Protected Landscape. Under Implementing Rules and Regulations of RA 7586 (NIPAS Act of 1992), as amended by RA 11038 (ENIPAS Act of 2018), the Chocolate Hills Natural Monument is established as a protected area.
Section 9 of the law’s implementing rules and regulations (IRR) mandates that a management plan be formulated for each protected area within one year of its establishment. This plan serves as the basic framework for managing the protected area, ensuring that local plans align with it. Furthermore, Section 11 of the same IRR details the creation and composition of the Protected Area Management Board (PAMB) for each protected area. It emphasizes the PAMB's crucial role in overseeing the management and protection of these areas.
The PAMB is responsible for, among other things, the development and implementation of the management plan. If LGUs proceed with development projects without the approval or against the recommendations of the PAMB, it would indicate a failure to adhere to the plan.
Taking this into account, it appears that Aumentado's remarks attempt to deflect responsibility by emphasizing that the LGU made efforts to seek guidance from the DENR. That’s either a poorly-constructed excuse or it suggests a worrying trend of a broader lack of awareness among LGU’s regarding the laws and regulations for building permits vis-à-vis natural monuments. What they are telling us is that while they are still seeking guidance from national agencies like the DENR, the local government of Sagbayan had already approved the resort's construction.
The 1987 Philippine Constitution enshrines the principle that all natural resources, including land, are owned by the state and that their use and enjoyment are subject to the public interest and welfare. Yes, private ownership of land is allowed and recognized, but it shall be viewed within a framework of legal limitations set forth to ensure public welfare, sustainable development, and environmental protection. These limitations include land use and zoning, environmental laws, building code and regulations, and easements and public use.
In this country, we tend to focus solely on private ownership rights, neglecting their limitations. This is evident even in our own neighborhoods. In many cities and towns, buildings and other structures are constructed with little to no regard for easement regulations. Roads, already narrow, become even narrower as private residents extend their buildings or fences to the very edge of their land boundaries. This leaves no space for pedestrian walkways, resulting in roads that appear pathetically ill-designed.
Another symptom of our excessive focus on property ownership is the cumbersome process of acquiring private land for public use with just compensation. Road right of way acquisitions often become the most expensive component of public works projects. These cases frequently stall in courts as shortsighted landowners demand maximum immediate compensation, failing to recognize how improved infrastructure and public works could ultimately increase property values, improve traffic, and stimulate economic growth that benefits the entire community.
How I wish we could develop a stewardship culture among ourselves instead of clinging to an ‘ownership’ mindset. Prioritizing our private welfare simply because we have the right to do so, while neglecting the community’s welfare, cannot continue. This approach not only contributes to the poor design of our cities and towns but also, as seen in the case of Bohol’s Chocolate Hills, leads to the destruction of our natural monuments. We are left with public spaces that are poorly planned and constructed, contrasted with private spaces that are well-maintained for a fee or out of individual or clannish pride.