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  • Senators seek stiffer penalties
    for violations of ECC
     
    By Henry Empeńo
    Correspondent
     

    SUBIC BAY FREEPORT—Senators investigating the controversial apartment complex built by Hanjin Heavy Industries Corp.-Philippines (HHIC-Phil) at Subic’s forested Cubi-Triboa District said on Friday they will seek stiffer penalties for companies violating environmental clearance requirements for development projects.

    Sen. Pia Cayetano, chairman of the Senate Committee on Environment and Natural Resources, said that instead of the P50,000 penalty imposed daily for companies that failed to secure environmental compliance certificates (ECC), the fine should be increased to $50,000 per day.

    Cayetano said a stiffer fine would show violators “how serious we are in protecting our environment.”

    She added that “P50,000 is nothing for investors who could spend millions of dollars for a single project.”

    Cayetano made this announcement in a public hearing here on the Hanjin project, as she hammered on the fact that the South Korean investor proceeded with the construction of its $20-million apartment complex without first securing an ECC.

    Officials of the Subic Bay Metropolitan Authority (SBMA), who testified in the hearing, admitted that Hanjin was granted an ECC for its apartment project only in July last year, but that the firm actually began construction in January 2007.

    The agency, however, had penalized Hanjin in March 2007 for failing to secure an ECC prior to starting construction, said Amethya de la Llana-Koval, head of the SBMA Ecology Center, which issued a notice of violation to the erring company.

    With this, Cayetano and Sen. Richard Gordon, chairman of the Committee on Government Corporations and Public Enterprises, who also attended the hearing, said they will file a Senate resolution seeking to impose a stiffer penalty against ECC violators to avoid similar incidents in the future.

    “This case is a big deal because the [project site] is in a protected area. [That is why] we have to come down to Subic to personally see the area,” said Cayetano, who inspected the apartment site with Sen. Juan Miguel Zubiri, chairman of the Committee on Urban Planning, Housing and Resettlement, before the hearing.

    Cayetano said the Senate hearing was brought to Subic primarily to inspect the project site and determine whether the condominium construction violated any environmental law.

    Cayetano and Zubiri were joined in the site inspection by SBMA chairman Feliciano Salonga, SBMA administrator Armand Arreza, and engineer Dong Kim, Hanjin’s project chief engineer.

    The two SBMA officials later testified in the public hearing held at the Formosa Hall in the Subic Bay Gateway Park, along with Undersecretary Manuel Gerochi of the Department of Environment and Natural Resources, and SBMA Ecology Center manager Amethya dela Llana-Koval.

    Several groups from the Subic Bay community were also present on the occasion.

    Aside from the technicality on the ECC requirement, however, the senators later conceded having found nothing significant to pin down the SBMA or Hanjin for any environmental violation connected with the apartment project.

    Gordon and Zubiri said they believed SBMA did not violate any law in approving the Hanjin apartment project, but suggested that the agency should prohibit further construction of similar projects within or near Subic’s forested areas.

    “For me, SBMA did not violate any law and I believe in your good intention,” Gordon told SBMA officials, as he commended them for being open to inquiries about the controversy. “But please don’t allow another one [of this kind] anymore,” he added.

    Gordon had earlier protested the project allegedly due to environmental violations, but had since backtracked and confined his opposition to the height of the buildings, which he said were “above the tree level.”

    Zubiri, who had issued a statement saying the project would contribute to global warming, also cooled down on his protestations on Friday.

    “There is nothing we can do now, but make sure that all mitigation measures should be put in place to protect the environment and the people,” Zubiri said.

    Cayetano also emphasized that the public hearing was not meant to scare away Hanjin or any investor in Subic, adding the Senate has the responsibility to make sure that the interests of the people are guaranteed.

    Both Cayetano and Zubiri, as well as Sen. Loren Legarda, had filed separate Senate resolutions seeking an inquiry into the Hanjin apartment complex “in aid of legislation.”

    In the hearing, SBMA officials reiterated that there was no environmental violation committed since the area was already cleared of trees by the US Navy as early as 1968.

    Arreza said that area was used by the US Navy as a shop where air and underwater weapons were stored, tested, checked, assembled and maintained.

    “We didn’t clear new areas because the SBMA only allows construction activities in previously cleared areas that were designated for development,” he added.

    HHIC-Phil officials said earlier that the apartment complex is part of Hanjin’s overall development plan to provide quarters for its Filipino and Korean workers and their families.

    The two buildings, one with 22 stories and another with 10, have a total of 184 rooms and are  being developed within a three hectare lot, which has a lease term of 50 years.

    The SBMA said the Hanjin apartment complex is about two kilometers away from the 3,000-hectare Subic’s Core Ecological Zone, an area classified as a “no-development zone” under the SBMA’s Protected Area Management Program.

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