Gov. Eugenio Jose Lacson, on Thursday, June 12, said he has called for a temporary halt of all earth moving activities at a palm oil plantation in Candoni, Negros Occidental.
Lacson issued the call in a letter to Alfred Joseph Araneta, chief executive officer of Hacienda Asia Plantations Inc. (HAPI) pending its compliance with government requirements, including an Environment Compliance Certificate (ECC).
The governor reminded Araneta that a Multi-Partite Monitoring Team, conducted a monitoring activity on March 20, and explicitly required HAPI to secure an ECC before proceeding with its plantation establishment activities.
“However, despite this clear directive, we have received reports from local community members and observed through videos circulating on social media that HAPI has continued to conduct earth-moving activities using heavy equipment such as bulldozers and backhoes within the Integrated Forest Management Agreement (IFMA) area,” Lacson said.
The governor told Araneta that in the light of that, he is requesting HAPI to temporarily cease all earthmoving activities within the IFMA area until such time that the necessary ECC is secured and all environmental requirements are complied with.
This measure is required to prevent further environmental harm and ensure that HAPI’s activities are aligned with environmental laws and regulations, he said.
“We expect your prompt attention to this matter and look forward to your cooperation in protecting the environment,” he told Araneta.
Lacson said the Provincial Environment and Natural Resources has also issued a cease and desist order to HAPI.
“If they have any respect for the provincial government I hope they will comply until we can resolve this issue,” he added.
Lacson, in a letter to Region IV Director Ramar Niel Pascua of the Environmental Management Bureau also requested EMBs issuance of a Cease and Desist Order against HAPI.
He pointed out that HAPI has failed to secure an ECC as mandated under the Philippine Environmental Impact Statement (EIS) System, specifically Presidential Decree No. 1586.
“Tho ECC is a critical document that ensures that projects likely to have significant environmental impacts undergo a thorough assessment and implement measures to mitigate adverse effects”, Lacson said.
The governor in a letter to Environment and Natural Resources Secretary Raphael Perpetuo Lotilla had also called for the halt of HAPI’s pending compliance with government requirements,
A civil society group closely monitoring developments at the controversial 6,000-hectare palm oil plantation welcomed the call of Lacson for it to temporary halt of its operations.
Joshua Villalobos, Negrosanon Initiative for Climate and the Environment (NICE) secretary general, said they welcome Lacson’s decisive action following their online petition launched on June 5, World Environment Day.
“We welcome Governor Bong’s response to the ongoing social and environmental catastrophe in the southern part of our province. His request for the Department of Environment and Natural Resources (DENR) Secretary Popo Lotilla, to intervene and take immediate action is a step in the right direction,” Villalobos said.
“The action of the governor shows that positive change is possible when those in power listen to the voice of the people,” Villalobos said, citing the hundreds of signatures gathered in their petition.
San Carlos Bishop Gerardo Alminaza, NICE Wisdom Council chair, also called on the DENR to immediately respond to the governor’s appeal and the people’s demands.
“We urge Secretary Lotilla and the DENR to come to Negros and listen to the voices on the ground – especially those who are most impacted by this plantation. Every day that HAPI’s operations continue, irreversible damage is being done to our forests, watersheds, wildlife, and communities,” Alminaza said.
During a dialog facilitated at the DENR Negros Occidental office on June 11, HAPI committed to cease all earth-moving activities pending further investigation and dialog, Villalobos said.
“We acknowledge HAPI’s renewed commitment to halt their operations. However, we receive this with caution and vigilance,” Villalobos said.
“This is not the first time HAPI has made this promise. In a previous dialog, the same commitment was made but not honored. We cannot afford another betrayal”, he added.
HAPI has been served several Notices of Violations from the Environment Management Bureau for operating despite not having an environmental clearance and from the Provincial Environment Management Office for quarrying without a quarry and mining permit from the provincial government, he said.
As of June 11 HAPI has not settled its fines and penalties for its violations, Villalobos said.
NICE also called on the DENR to assert its legal mandate to conduct environmental monitoring within the plantation area, stating that no private entity — including HAPI or its parent company, the Consunji Group — should obstruct government oversight.
Aside from the environmental impacts, Villalobos said that according to the National Commission on Indigenous People (NCIP), a great portion of the land is covered by an existing ancestral domain claim from indigenous peoples, which makes the plantation illegal to begin with.
The IPRA Law provides that a Free, Prior, Informed Consent (FPIC) must be secured from the IP community or a Certificate of Non-Overlap (CNO) to prove that the land is not covered by an ancestral domain claim. Both documents have not been satisfied by HAPI, he said.
Without a Certification of Free, Prior, and Informed Consent (FPIC) from the NCIP, the DENR cannot legally issue an Environmental Compliance Certificate (ECC) for any project impacting ancestral domains, , Villalobos said.
“As long as the palm oil plantation continues, the destruction of our natural ecosystems also continues. We cannot wait any longer,” Alminaza said.
The DENR must act now — not just for the forests, but for the people of Negros,” he said.*