Author Topic: Dumaluan Beach Resort will be padlocked  (Read 2235 times)

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Dumaluan Beach Resort will be padlocked
« on: June 03, 2007, 09:33:01 PM »
The Department of Environment and Natural Resources (DENR) through the Environmental Management Bureau (EMB) has ordered for the complete closure of Dumaluan Beach Resort in barangay Bolod, Panglao.

The re-execution of a cease and desist order (CDO) against the resort was likewise ordered last Monday.

The resolution came after EMB OIC regional director Alan Arranguez denied the motion to lift the CDO filed by resort owner Doloreich Dumaluan last September 28, 2006.

It may be recalled that the DENR, through the National Anti-Environmental Crime Task Force (NAECTF) implemented the CDO against the resort on September 26, 2006.

The CDO stemmed from the resort's violation of PD 1586, for operating without an environmental compliance certificate (ECC) and the construction of a building which is within the 20-meter public easement.

Dumaluan was meted a P50,000 penalty and another P15,000 for late filing of application for an ECC.

The EMB resolution stated that "all entries of Dumaluan Beach Resort should be closed" while processing of the resort's ECC "will be given due course after the proponent show compliance" and that "cessation of activities has been validated by the [EMB]."

Provincial Environment and Natural Resources Officer (PENRO) Eduardo Inting reported last February 6 that during an inspection conducted at the resort, it was found that its owner continues to operate despite the closure executed by NAECTF pursuant to the CDO tendered on September 28, 2006.

Aside from opening a new entrance for its continued operations, it was also monitored that construction was ongoing in the resort.

"The act of respondent-proponent (Dumaluan) is an open defiance to the lawful order of this office (EMB) and should be taken against him because it derogates the authority of the office and an utter disregard of its lawful order," the resolution stated.

TENSION AT RESORT

Tension ensued at the Dumaluan Beach Resort last Monday when a team tasked to serve the CDO had a confrontation with the resort-owner, Mayor Dumaluan himself.

A narrative report made by EMB-Bohol chief Nestor Canda stated that by coincidence, Dumaluan was at the gate of his resort watching laborers working for the drainage fronting the newly constructed gate of the resort, when they served the order around 10 a.m.

The team was composed of PNP personnel led by P/Insp. Jake Manguera, CENRO Samuel Racho and Canda.

Canda's report stated that they approached Dumaluan "with proper greetings and respect" informing him that there is a decision of the EIA case on his resort.

A copy of said decision was given to Dumaluan, which "he personally received" but "requested not to sign the file copy acknowledging receipt for the reason that he has to consult his lawyer," Canda's report stated.

Canda cited the reasons for the denial of Dumaluan's motion to lift the cease and desist order.

After reading the document, according to Canda, Dumaluan "angrily and profusely stated that DENR officials are not doing their jobs to protect him and his business despite of compliance to DENR regulations.

Dumaluan allegedly said that he has already paid the penalty and filed the request to lift the CDO and yet no action was taken for more than 7 months from the time he filed the request.

According to Canda, Dumaluan said that he will sue Canda, Arranguez and William Cunado, EIA Division Chief, for damages.

Dumaluan allegedly uttered to do harm to the three DENR officials, Canda said.

Later on, Dumaluan reportedly calmed down and requested 3 days to voluntarily close down his establishment and allow guests to check out at the same time make an appeal to the office of the DENR secretary regarding the matter.

DUMALUAN'S SIDE

In an interview with the Chronicle yesterday, Dumaluan stressed his lawyers are already working on legal remedies.

He blamed the DENR for losing his ECC application documents way back in 1999 and that he should not be penalized for their incompetence and negligence.

The recent action taken by the DENR is viewed by Dumaluan as another form of political harassment carried out by his opponents. (Kit Bagaipo, Bohol Chronicle, 6/3/2007)

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