Probe sought vs DENR-7 execs for ‘blunder’
An environmental lawyer has urged the newly-installed Department of Environment and Natural Resources (DENR) Secretary Roy Cimatu to investigate the blunder allegedly committed by his men in Cebu.
Benjamin Cabredo has questioned the validity of the cease and desist order (CDO) saying that there was no due process given to his client, Elite Fabrication Yard.
He said DENR-7 officials had erred in issuing the CDO against the Island Shipping Corporation to stop operating its shipyard in Punta, San Remigio in northern Cebu.
He, however, did not disclose the names of the officials.
The CDO dated May 8, 2017 was issued by Prospero Lendio, the Protected Area Superintendent (PASU), against the company for its alleged failure to secure permission from the Tañon Strait Protected Seascape Protected Area Management Board (TSPS-PAMB).
Cabredo also denied the allegations that the development has no permit from TSPS-PAMB.
He said the area is a titled lot and the company applied in 2013 for Special Agreement on Protected Area and the environmental compliance certificate had been issued before the shipyard was constructed four years ago.
Cabredo said the DENR officials also made it appear in public that the shipyard is operating without legal basis even if Elite Fabrication Yard has been issued with an environmental compliance certificate (ECC) by the agency on December 9, 2013.
Cabredo has suspected a hidden hand behind why the issue was raised just now.
He said it was as if the “unscrupulous” DENR officials were influenced by an “arrogant politician” when the agency issued halt order against the shipping company, even if the shipyard owner is Elite Fabrication Yard.
Cabredo said Elite is operating since the past four years without trouble until Island Shipping Corporation owner Alex Tan was allegedly harassed by Sta. Fe Mayor Jose "Titing" Esgana, a member of the TSPS-PAMB of DENR.
He said they will not respect the “illegal” CDO, saying the DENR officials violated their own law because before a CDO is issued, it must issue first a show cause order (SCO).
The CDO will purportedly stop the illegal activity, while SCO will grant an entity a chance to explain why the operation is illegal or why a certain course of action should not be taken against it.
“If no SCO, how can these questionable DENR officials determine that the yard is encroaching the Tañon Strait?” asked Cabredo.
Cabredo said there are three zones in Tañon Strait. First is the strict zone of which no human activity is allowed; second is the buffer zone with limited human activity; and the third is the multi-use zone which can be used by the people.
“Had the DENR officials conducted a ground survey, they may know that the shipyard is part of the Hagnaya Channel, and not on Tañon Strait. Who among the DENR officials will debate with us at the Plaza Independencia on this matter?” he said.
Should the DENR implement the CDO, Cabredo warned the law enforcers of charges that they will be facing for implementing the order which, Cabredo says, is illegal, invalid and whimsical.
The management of Elite Fabrication Yard earlier asked the DENR to recall the CDO and replace it with a SCO.—
Gregg M. Rubio, Banat News Copy Editor/KBQ