Honorable Senator Cynthia A. Villar,
Honorable Senator Maria Lourdes Nancy Binay, Honorable Senator Bato Dela Rosa,
Honorable Senator Raffy Tulfo, Honorable Senator Robin Padilla,
Honorable members of the Committee on Environment, Natural Resources and Climate Change and the Committee on Local Government,
My colleagues in DENR,
Co-workers in government, good morning.

May I respectfully begin by thanking the two committees for initiating this public hearing to shed light on the reported exploitation and defacement of certain protected areas. This was highlighted by the recent discovery of a resort structure within the Chocolate Hills Natural Monument (CHNM), a 13,994.95-hectare protected area and recognized as a UNESCO Global Geopark.

Today’s inquiry, in aid of legislation, into the status of and reported illegal structures within protected areas is a testament to Congress’s unwavering commitment to conservation and environmental stewardship, recognizing the critical importance of protecting and maintaining the natural, biological, and physical diversities of our environments, most notably within our protected areas.

These protected areas serve as vital sanctuaries that support the web of life that consists of unique diversity of biological life and the land, air and water that sustains them. These invaluable terrestrial coastal and marine ecosystems not only serve as crucial habitats for endangered species, they provide essential ecosystem services for food , water and energy security, and they embody the specific culture, spirit and identities that constitute our nation.

While the intersecting ecological, physical and social geographies have different boundaries, ultimately, the establishment of protected areas is legislative in nature. We respectfully recognize that these are therefore deeply in line with the authority of Congress to investigate and assess the effectiveness of the law in terms of existing protection and conservation measures in these areas, as well as to identify both old and new threats , and propose and legislate amendments to the existing law to enhance their preservation.

It was for this very same reason that Congress, in 2018, passed Republic Act No. 11038 or the “Expanded National Integrated Protected Areas System Act of 2018” (E-NIPAS Act), which increased the number of protected areas and provided strong conservation measures and penalties for its violations. However, in the past 4 years since its passing, the DENR has sought to implement its rules and regulations, contending with realities on the ground, including disasters and the pandemic. The E-NIPAS Law has been tested against the context of rights that preceded its passing, the various national and local laws and formal and informal agreements that have altered the distinct landscapes and seascapes, the need for livelihoods and the support for the national economy, the challenges of adequate budget, personnel with knowledge and capacity, as well as, powerful influences and pressures both benign and malignant.

The Chocolate Hills was established as a “protected area” by RA 11038 . It is a symbol of our national heritage and this has become under scrutiny due to the construction of a resort facility that may have overstepped legal and environmental boundaries. The Chocolate Hills are not only a figure of our nation’s natural beauty but also a proof of our commitment to conservation. The presence of the resort facility undermines these values and threatens the integrity of this natural monument. Unfortunately, we believe our investigations may yield even more human-induced impacts on this fragile geological system.

Our initial investigation has revealed that Captain’s Peak Resort appears to be a titled property among the vast alienable and disposable areas within the protected area. Not only there is one title or two, we have discovered that there is a third title. Its construction and operations are without the necessary Environment Compliance Certificate (ECC), a clear violation of the NIPAS Act and the Protected Area Management Board (PAMB) Resolutions that have been issued. The DENR is also investigating various environmental violations, including those related to the Clean Water Act.

On March 14, 2024, our Regional Offices issued an indefinite cease-and-desist order (CDO) against Captain’s Peak Resort. Because of this however, it has the effect of loss of livelihood. We have now also facilitated the enrolment of displaced employees of Captain’s Peak to DOLE’s TUPAD Program in order to tide them over in the meantime while this process is undergoing. This is a process, together with DOLE, that we hope to replicate in other situations where there will be displacement.

These actions and the continuing investigation of this PA demonstrate the DENR’s commitment to enforcing environmental laws and preserving the integrity of the Chocolate Hills Natural Monument.

To date, there are 248 protected areas, as mentioned by Madam Chair, these cover 7.4 million hectares. Given the vastness of this area, we humbly acknowledge the enormous challenge that the Department has in addressing the conservation and protection of our biodiversity from species loss, given as we must take into account the impacts of climate change , human activities which may alter land, sea and coastal use, and bring about pollution. This mandate must be fulfilled by the DENR despite its resource limitations to ensure compliance and our limited enforcement capacity.

Nonetheless, under this administration, we remain steadfast. When I assumed office in 2022, I made it clear that the continuing preservation of the country’s indigenous species as part of our natural heritage and at the same time we must harness these resources for the benefit of our country would be one of the key elements of the Department’s shared mission.

In closing, the Department is fully aware that what has happened in Chocolate Hills is not in isolation. Other Protected Areas require investigations. In the case of Captain’s Peak Resort, the proponent failed to secure an ECC, a necessary requirement under the NIPAS Act, in order to determine any potential significant adverse impacts of the project or activity on the Protected Area.

While the present law allows development activities and special uses such as eco-tourism facilities, the provision of renewable energy and water supply within our protected areas, there are, however, regulatory requirements and safeguards that proponents should strictly abide to, namely: (1) alignment of the proposed project to the management plan of the protected area; (2) proposed project should be within the multiple-use zone, and (3) securing PAMB clearance and ECC and an FPIC as required. These are in place to ensure that development does not come at the cost of environmental degradation and biodiversity loss.

Realizing the occurrence of similar incidents in other protected areas, the Department immediately came up with the following actions:

1. I have instructed all Regional Offices to conduct an inventory of all existing structures within PAs and evaluate the compliance thereof with environmental regulations and standards and with the indulgence of the committee Madam Chair, there are presentations on the different Protected Areas that have been mentioned ;
2. Regional Offices were also enjoined to conduct a comprehensive review of all ECCs issued for projects within PAs;
3. Approval by the Regional Offices of all ECC applications for projects within PAs is suspended until further notice; and
4. All pending and future ECC applications within the PAs will be processed at the EMB Central Office and these must secure the endorsement of the Biodiversity Management Bureau;
5. It is also in this context that the DENR , the DILG and the DOT issued a joint statement of collaboration and Honorable Secretaries Abalos, Frasco and I have made recommendations on the approval process including the composition of the PAMB. We respectfully acknowledge with thanks the strategic and operational partnerships with the DILG and DOT on many intersecting environmental issues.
6. Lastly, early this year, I also directed all Regional Offices to submit a complete inventory of all Protected Area Community-Based Resource Management Agreements (PACBRMA) and determine those that are non-compliant and recommended for cancellation. This is also in line with the ongoing collaborative efforts of the DENR, DOJ, DILG , DSWD in response to the Senate inquiry on Socorro, Siargao Protected Land and Seascape. The first phase of cancellations will be effected this month.

We trust that these efforts will allow us to fully examine the actions of all stakeholders involved in the PAs, including the DENR, the PAMB, private sector, NGOs and the local government units and their constituencies.

It is imperative that we establish the histories behind the facts, understand the implications of these developments, and take appropriate legislative action to protect and conserve our protected areas. It is also imperative that we recognize that in environmental protection and conservation, there is no such thing as a monopoly on good- these are whole of society and not just whole of government efforts.

We very respectfully urge, then, the two committees to support and ensure the passage of the bill creating an Environmental Protection and Enforcement Bureau (EPEB) , one long term measure that will strengthen the environmental law enforcement capacity of the DENR in our protected areas.

As we proceed with these investigations, the DENR is committed to uncovering the truth that lies in the history of these challenges, holding those responsible accountable, instituting internal organizational changes which are already underway, and recognizing any legislative measures that the two committees may propose.

The effects of decades of past legislation, proclamations, specific human decisions, and powerful influences and pressures both benign and malignant cannot be undone in a matter of months. Under this Administration, we will, however, work tirelessly to protect our natural heritage and enforce the laws designed to protect it.

There are good men and women in the DENR. Without their efforts and our organizational transformation, we would not be able to do this job. We aim to build an organization that is fit for purpose.

We thank the Senate for its attention to these critical issues and look forward to a thorough and fair inquiry. I beg your indulgence and wish to pay my courtesies to Senator Loren Legarda and Senator Bong Go who are present virtually.

Thank you very much Madam Chair and good morning. ###