2 senators vow probe of condos in Subic forest

Two senators on Sunday pledged to look into the controversy surrounding the construction by South Korean investors of two high-rise condominiums in the Subic rainforest, and one of them said the government officials who allowed the forests to be desecrated should be sacked.

Opposition Sen. Loren Legarda and administration Sen. Juan Miguel Zubiri expressed concerns about possible violation of environmental laws and said the Senate should look into the matter.

Another senator, Richard Gordon, earlier called for the dismissal of Amethya dela Llana Koval, chief of the ecology center of the Subic Bay Metropolitan Authority. But Koval Sunday said she was ready to defend her office’s action allowing the construction of the building and that it could stand scrutiny.

A major South Korean investor, shipbuilder Hanjin Heavy Industries and Construction Ltd., said it was building the two condominiums—one rising 20 stories and the other, 10 stories—for its Korean staff. The project is estimated to cost $20 million.

Hanjin operates a $1.6-billion ship repair facility at Subic. With the backing of President Gloria Macapagal-Arroyo, Hanjin is also constructing another shipyard, estimated to cost $2 billion and billed as the fourth largest in the world, in Misamis Oriental province.

Efforts last year by another Korean investor, Jung Ang Interventure Corp., to build a P72-million spa on Taal Volcano in Batangas also provoked an uproar. The Department of Environment and Natural Resources revoked the company’s environmental compliance certificate (ECC) following protests from residents, who claimed the project would destroy the volcano’s rich natural resources.

Legarda said she would file a resolution on Monday calling for a Senate inquiry into the construction of the Subic condominiums. “We will definitely look into the allegation. This is a very grave allegation that we cannot just sweep under the rug,” she said in a statement.

She said the authorities should explain why they allowed buildings to be erected in the Subic Watershed Forest Reserve, one of the 10 priority sites of the National Integrated Protected Areas System, and how Hanjin was able to get the project site that was specifically reserved for “purposes of protecting, maintaining, or improving its water yield and providing a restraining mechanism for inappropriate forest exploitation and disruptive land use.”

Arroyo’s EO

Legarda cited Executive Order No. 701 signed by Ms Arroyo on Jan. 22 which, she said, directed “all heads of departments, bureaus, offices, agencies, and the instrumentality of the government to support the power infrastructure requirements and the investment of Hanjin Heavy Industries and Construction-Philippines Inc. in Subic and Mindanao.”

“If you have investment projects this large, there are bound to be issues,” Legarda said, referring to the Hanjin projects. “We will look into these issues, and ascertain whether the projects are in full compliance with environmental protection laws, among other statutes.”

Legarda said that Hanjin’s project in Misamis Oriental had also created a furor among residents, who had complained of being dislocated and of not receiving adequate compensation.

745 plant species

She stressed the “urgency” of protecting the Subic rainforest to preserve its flora and fauna and its role as a refuge for the Aeta people. Subic is said to have 745 plant species and is home of the Golden Crowned Flying Fox and the Philippine Giant Fruit Bat.

In a separate statement, Zubiri called for the dismissal of SBMA and DENR officials who, he said, allowed the building of the condominiums. “The web of violations eat away at our territorial sovereignty which cannot be replaced by monetary considerations. Subic is not just a piece of expensive real estate,” he said.

“These two-tower concrete blocks are shot with environmental violations,” Zubiri said. “First, they cut off trees from a long-standing forest. Next, this encroachment threatens the health of the Subic watershed system serving our brother Filipinos living outside the gates in Olongapo City, not just the economic zone. Destruction to habitat and threat to biodiversity are also clear.”

Atienza position

He said the Senate needed to look into Hanjin’s operations.

Environment Secretary Lito Atienza indicated he was open to reviewing an agreement that gave the SBMA autonomy in the Subic Bay freeport.

“Let’s see whether the devolution [of responsibility] is working correctly as far as care of the environment in Subic is concerned, and matters of issuing clearances for housing and development,” Atienza said in a phone interview. “I don’t mind looking into it.”

The DENR, under then Secretary Michael Defensor, signed a memorandum of agreement with SBMA recognizing the latter’s “self-regulatory power” over the free port. This included the issuance of an ECC.

Atienza said he could propose amending the MOA if it was found that the SBMA fell short of doing its job. “If … they’re exercising their functions properly, well and good. If not, I won’t mind amending the agreement in which the DENR will have an oversight function,” he said.

Atienza, however, indicated he wouldn’t rush into reviewing the MOA, saying the SBMA should be given a chance to explain.

10,000 hectares

A check by the Philippine Daily Inquirer showed that the site of Hanjin’s two residential buildings is within the Subic Watershed Forest Reserve. Covering 10,000 hectares and cared for by the United States Navy until its pullout from Subic in 1992, the site was classified protected under Proclamation No. 926 that former President Corazon Aquino signed on June 15, 1992.

The reserve was declared protected for “purposes of protecting, maintaining, or improving its water yield and providing restraining mechanism for inappropriate forest exploitation and disruptive land use,” said the proclamation’s title.

A source at the DENR in Bataan said the proclamation had been amended, shrinking the reservation to 8,000 hectares.

Zambales Rep. Mitos Magsaysay said she had been told by the SBMA that the condominiums were built in a “development area” in the Subic Watershed Forest Reserve. “According to the SBMA, the area where it was constructed is classified for development. If it falls under that category, why will I complain?” she said in a phone interview.

Nothing wrong

She said it would be different if somebody could dispute the SBMA’s position and present proof the condominiums were constructed in a land classified as “no-commerce to man.”

“No,” she said when asked if there was a need for the House to inquire into the matter. “All we have to do is get the official stand of the SBMA. What’s the area intended for? Is it for development or not?”

Magsaysay said that personally, she saw nothing wrong with the construction of the condominiums if this was done on land “allocated for development.”

“Don’t tell me each time we cut down trees to build roads, like the Subic-Clark-Tarlac expressway, we will complain. If we do that, then there will be no development,” she said. With a report from Inquirer Research . . By Gil C. Cabacungan Jr., TJ Burgonio Philippine Daily Inquirer