TRO sought on DENR permits for Bantayan resort developers

CEBU - Petitioners of the Bantayan Group of Islands yesterday asked the court for a temporary restraining order on the issuance of Environmental Compliance Certificates allegedly issued by the Department of Environment and Natural Resources to developers of protected areas.

During yesterday’s hearing at the sala of Judge Marilyn Yap of the Regional Trial Court Branch 56 in Mandaue City, petitioners clarified the purpose of the TRO that they are seeking in court.

Ben Cabrido, lawyer of the petitioners, yesterday told the court that although they wanted that all ECCs issued to resorts in the protected areas of Bantayan be revoked or suspended pending the preparation of a Protected Areas Management Plan, he clarified that the TRO they are seeking will only focus on resort owners and other structures that have violated the “easement zones.”

Cabrido yesterday said that as of the moment, poultry owners in the island have nothing to worry yet because what they have currently on hand are the violations committed by resort owners.

The court yesterday gave defendants 15 days to submit their memorandum before the court decides whether or not to grant the TRO filed by petitioners.

However, during yesterday’s hearing, both parties came up with a compromise agreement that there will be no issuance yet of an ECC until the court comes up with a decision. 

Last week, residents of Bantayan Island led by environmental lawyer Antonio Oposa filed a petition against the DENR for allegedly destroying, instead of preserving, the Bantayan Group of Islands, a protected area proclaimed by law in 1981.

The petitioners accused the DENR of issuing ECCs for developments in a protected area even without the Protected Areas Management Plan required by law.

The petition that they filed has something to do with DENR’s alleged patrimonial malpractice, mandamus, injunction and damages. — Flor Z. Perolina/MEEV (THE FREEMAN)