“Assault” on mountains

CEBU, Philippines — The Save Cebu Movement, composed of different concerned groups and individuals, strongly condemned the “continued assault on Cebu’s mountains” because of the Cebu provincial government’s construction of the new Capitol building in Balamban town.

It called for the Malacañang to and other concerned national government agencies to investigate the construction.

“We, the Save Cebu Movement, strongly condemn the continued assault on Cebu's mountains by the construction of the 'soon-to-rise Provincial Capitol' by the Provincial Government of Cebu and the Department of Public Works and Highways (DPWH), including the Department of Environment and Natural Resources,” the group said, in a statement.

Sought for her side, Gov. Gwendolyn Garcia declined to comment except by saying that the one that should be sought is the DPWH.

“Kindly direct your request for comment to DPWH as the present road construction is being undertaken by them,” she told The Freeman.

She had said earlier that it is not the Capitol that is behind the ongoing construction works at the top of a mountain area in Barangay Cambuhawe, Balamban Cebu, although it is one of the areas they are considering for the plan to transfer the Capitol building to a new site outside of Cebu City.

She said it is the DPWH-7 that is working on the area to widen road access.

Based on the signed statement, groups involved in the SCM include the 5pcs Daily HabitBasuraRun/Tumbler of Hop; Clean, Healthy, and Green Environment for Naga (CHanGE Naga); Legal Alternatives for Women (LAW) Center, Inc.; Philippine Earth Justice Center, Inc. (PEJC); the Philippine Movement for Climate Justice(PMCJ) in the Visayas; Pusyon Kinaiyahan; Regional Center of Expertise (RCE-Cebu); Sectoral Transparency Alliance on Natural Resource Governance in Cebu (STANCe); Youth Action for Climate Action Philippines (YACAP Visayas); and University of Southern Philippines Foundation(USPF) Community Extension Services.

The group said that the ongoing site development in Balamban, pending a showing that a proper Environmental Impact Assessment has been conducted by the proponent, “shows the egregious disregard of the Constitution as well as environmental laws and regulations.”

The group expressed that such development should not be done, as the “mountain ecosystems are important not only for the natural resources and wildlife these host, but also to increase our resilience to the worsening impacts of climate change.”

“We are the midst of a climate crisis…. In fact, it is already Code Red for Humanity according to the Intergovernmental Panel on Climate Change (IPCC),” the group said.

Code Red for Humanity had been reported by the United Nations by its UN Secretary-General António Guterres’ in 2021 yet.

This is because greenhouse gas emissions from fossil-fuel burning and deforestation are choking the planet and putting billions of people at immediate risk, per the United Nations, and that these are happening “along with global heating that is affecting every region on Earth, with many of the changes becoming irreversible”.

“Yet, we, especially those holding positions of power, continue to ignore the glaring signs of our rapidly and unpredictably changing planet. It bears emphasis that the Philippines continues to be doubly susceptible to the adverse climate impacts with a great many Filipinos highly dependent on natural resources from our seas, mountains, and forests. The wanton disregard of all of these is apparent in the acts and omissions of those who allowed the bulldozing and cementing of our mountains to happen,” the group said.

These acts, the group said, violate environmental laws, such as the Environmental Impact Assessment Act under Presidential Decree1586, the Expanded National Integrated Protected Areas System Act under Republic Act11038, Wildlife Conservation Act under Republic Act 9147, Climate Change Act under Republic Act9729, Disaster Risk Reduction and Management Act under Republic Act 10121, among other laws.

Furthermore, it was stressed that the ongoing site development weakens and violates the strong legal environmental and EIA frameworks if allowed to continue.

“Cebu's mountains serve as buffer zones to the Central Cebu Protected Landscape and are critical watersheds that ensure water sustainability. If we do not protect these mountains, we will lose our remaining viable source of freshwater on the island,” the group said.

These mountains, it further said, also protect the Cebuanos and the rest from the ravages of super typhoons, especially since our country is prone extreme weather conditions.

“It must be noted that the Environment Department through the Environmental Management Bureau is duty-bound to strictly follow the 3 criteria for review of these projects, including the integration of environmental considerations, technically sound assessment and mitigation, and social acceptability based on informed public participation.”

The group is asking how could the project have passed strict scrutiny, as it asked why the provincial and municipal governments, as well as DENR, allowed DPWH to proceed, if indeed it is DPWH's site development work as what Governor Gwen Garcia said earlier.

“We cannot allow any form of complicity and passing of the blame to others. Each one who allowed, and failed to act to disallow, this project to happen is responsible! We also cannot allow these activities, and continued massive quarrying and mining operations for dumping materials in this site development project, to happen as long as the price is right. The impacts of all these are not just in one area, but others where materials were taken, hence, these must be viewed from a cumulative impact perspective by the responsible authorities,” the group further said.

It cited a Supreme Court reminder stating that “(w)hile the Constitutional provision on the Right to a Healthy Environment, does not contain a specific act required by the state, it certainly mandates the sensitivity of both the Department of Environment and Natural Resources and our courts to acquire a standpoint that is protective of our ecology. Shortcuts into the process through which the State assures minimal impact on the environment, weighed against the profits to be generated by businesses, must not be tolerated”.

It likewise reminded local government Unit officials on Department of Interior and Local Government (DILG) Memorandum Circular 2022-018, which reiterated everyone’s strict responsibility “to follow the Environmental Impact Assessment process or be held criminally, civilly and administratively liable under existing laws”.

“The public offices you hold are public trusts and as such, all must serve with utmost responsibility, integrity, loyalty, efficiency, act with patriotism and justice, and lead most lives,” it said.

That is why the group called for those behind the activity in Balamban to be held accountable.

“We call and demand for justice to the mountains and the natural resources that were wantonly destroyed by these dastardly acts. Those responsible must be held accountable and answer to criminal, civil and administrative liabilities,” it said.

The group likewise called on President Bongbong Marcos, DILG and the Office of the Ombudsman for an immediate investigation on what is happening in Cambuhawe and asked all Cebuanos “to speak out and join us in our quest to seek environmental justice as human stewards for nature, if not for our sake but for a brighter future for Cebu.”

Atty. Rose-Liza Eisma-Osorio, the group’s spokesperson, told The Freeman that they were only made aware about the situation last week, that is why they only reacted now.

“This means there were no adequate consultations made and the lack of transparency about this is apparent,” she said.

“The project is obviously an environmentally critical project and whoever the proponent/s is/are should ensure that the public is fully informed before undertaking the project; DENR also must ensure that all must be informed, consulted before anything is started. These requirements are clear under EIA law and regulations” she added.

“Hope the agencies concerned can answer whether they have secured an ECC and if so, when and who issued it?” she further said. — (FREEMAN)