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Friday, May 02, 2008

Cayetano to seek raps vs SBMA execs

Cayetano to seek raps vs SBMA execs over condo fiasco

MANILA, Philippines -- The Subic Bay Metropolitan Authority (SBMA) violated its own land use policy and environmental rules when it allowed a South Korean shipbuilder to construct two high-rise condominiums for its staff inside the Subic rainforest, the chairman of the Senate committee on environment said Thursday.

Senator Pilar Juliana "Pia" Cayetano said she would recommend the filing of charges against SBMA officials in her committee’s report on the issue.

"In our committee report, we will strongly recommend that it was SBMA itself that committed grave violations of the law and dereliction of duty in protecting the environment," she said.

Asked if she was inclined to recommend filing charges, she replied: "I would think so. Because if we have more time, I would go over one by one the violations that we saw were committed by SBMA."

She said the SBMA, which oversees the Subic freeport facility, should have set its foot down when Hanjin Heavy Industries & Construction Ltd. applied for a permit to build its staff condominiums inside the Subic rainforest which has been declared a protected watershed.

"The investors ask SBMA what they are allowed to do (and) it was the SBMA who allowed them. As a country, what do we do now?" said Cayetano, who expressed her frustration that the condominiums could no longer be removed.

"It's almost impossible to take the land back now," she added.

Cayetano, who conducted an inspection and a public hearing in Subic last April 25, faulted SBMA for allowing Hanjin to build on the particular site.

She also pointed out that the SBMA allowed Hanjin to start its construction as early as January 2007 even before the SBMA could issue an environmental compliance certificate (ECC), which came out in July 2007.

The Department of Environment and Natural Resources has given the SBMA full autonomy to oversee the environment in Subic.

SBMA officials insisted the site of the Hanjin condominiums did not strictly fall within the forest reserve, since the site used to be occupied by living quarters of American servicemen when Subic was still a US naval facility.

However, Cayetano insisted, "It's clear from the pictures and from our actual inspection that (the condominiums) are really within the forest reserve."

She added that even though the site used to have bunkers, it should no longer be developed since the Subic rainforest has been declared a protected watershed when the entire area was turned over to the Philippines.

She said even the land use plan developed by SBMA indicated that the site was part of the "Ilanin Forest East."

"If you look at their land use plan, Ilanin Forest East is pure forest reserve, (so there should be) no development. And in their documents, including the environmental (compliance) certificate, the site was described as "in Ilanin Forest East. Then later on, they claimed it's part of Cubi-Triboa district. So which is which?" Cayetano said.

She added that the project's approval did not go through a check and balance since SBMA officials themselves sat in Subic's Protected Area Management Board (PAMB).

Ordinarily, the PAMB of identified protected areas should be composed of multi-sectoral representatives from the government and non-government organizations.

"Apparently the management presented (the project) without describing the environmental impacts. Here is a clear case (where authority was abused). So I would recommend that the (Subic PAMB) would have to include multi-sectoral representation," she said.(www.inquirer.net)

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Senate committees find technical lapses in Hanjin’s condominium project at Subic

By JONAS REYES - Manila Bulletin

SUBIC BAY FREEPORT — A Senate committee that investigated the apartment project being built by Hanjin Heavy Industries Corp. (HHIC) in the rainforest of this Freeport reported that there were lapses in legal technicalities in the construction.


Sen. Pia Cayetano, who heads the Senate committee on environment and natural resources, led the committee hearing held at the Formosa Hall in the Subic Gateway Park here.

The committee members had earlier inspected the condominium project together with Sen. Juan Miguel Zubiri, chairman of the Senate committee on urban planning, housing and resettlement.

Senate committee on government corporations and public enterprises chairman Sen. Richard Gordon, Rep. Herminia Roman (Bataan) and Rep. Carissa Coscolluela (Buhay party-list) also participated in the Senate hearing.

Cayetano said the Senate hearing was brought to Subic primarily because the committees wanted to inspect the project and determine if the construction violated any environmental law.

"This case is a big deal because the (project site) is in a protected area. We have to come down to Subic to personally see the area," Cayetano told mediamen.

Subic Bay Metropolitan Authority (SBMA) Chairman Feliciano Salonga, SBMA Administrator Armand Arreza, and Dong Kim, Hanjin’s project chief engineer, accompanied Cayetano and Zubiri during their site inspection here.

The two SBMA officials were also invited to the public hearing, together with Undersecretary Manuel Gerochi of the Department of Environment and Natural Resources, and SBMA Ecology Center Manager Amethya dela Llana-Koval. Several groups belonging to the Subic Bay community were also in attendance.

During the hearing, Gordon and Zubiri said they believe SBMA did not violate any law in approving the Hanjin apartment project, but suggested that no other project of the same nature should be constructed within or near the Subic forests.

"For me, SBMA did not violate any law, and I believe in your good intention," Gordon told SBMA officials. "But please don’t allow another one anymore," he said.

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

Gordon commended the SBMA for being open to inquiries involving the controversial project.

Cayetano, meanwhile, said that the public hearing was not meant to scare away Hanjin or any investor from Subic, and added that the Senate has the responsibility to make sure that the interests of the people are guaranteed.

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