DENR exec stands pat on fines for Citra violations

Skyway developer Citra Metro Manila Tollways Corp. should not liken itself to a manukan (poultry farm) or babuyan (piggery) and should settle the fines imposed on them by the Department of Environment and Natural Resources (DENR).

Environment Management Bureau (EMB) director Peter Anthony Abaya in response to Citra's contention that it should pay a total of only P150,000 to P200,000 for violating conditions in its Environmental Compliance Certificate (ECC), said that the P58.8 million fine imposed on the Malaysian-owned firm was commensurate to its size and the magnitude of the project's environmental impact.

"If they expect to be treated like a manukan or babuyan it is not going to happen. We would be totally remiss in our duty if we agree to the ridiculous penalty suggested by Citra," Abaya said.

The DENR fine on Citra was based on four violations of its ECC for the already finished construction of on/off ramps in Makati City and Bicutan.

Citing Presidential Decree 1586 or the Environmental Impact Statement System Law, Secretary Antonio Cerilles issued an order for Citra to pay a fine of P58.8 million for the four violations.

Citra officials questioned the basis of the fine using the same law (PD 1586) which it interpreted as specifying only a total of P50,000 for each violation committed. Based on its interpretation of the law, the firm said that it should only be fined a maximum of P200,000.

Abaya defended Cerilles' computation of P58.8 million. He explained that the amount was based on the same P50,000 fine computed on a daily basis. The EMB started its computation from February 1, 1999, the start of Citra's construction of the ramps and consequently the start of the violations of the ECC.

According to Abaya, the P58.8 million covered only the period Feb. 1 to Dec. 1 last year. However, he added that the final amount will be higher as the DENR continues to charge the firm until it complies with the requirements imposed by the EMB.

He also explained the DENR's interpretation of PD 1586 which recognized the lack of specifics as to the computation on a per day basis.

"The P58.8 million decision is in accordance with the facts and law of the case. PD 1586 allows the secretary to determine the amount of penalty. Under the circumstances, Cerilles exercised this discretion reasonably and properly in the case of such a big and hard-headed violator with such environmental damage experienced by the citizenry," Abaya said.

The EMB chief noted that CMMTC made it clear that it had no intention of complying with environmental laws. He said that the firm ignored all impositions of the EMB including the cease and desist order on the construction.

CMMTC sources, however, noted that they had already answered all the questions of the DENR and have also instituted measures to address the problems.

"All they did was submit something that was not even a clean-up plan," Abaya retorted, adding that judgment day for the firm will come when the rains begin as the floods will once again serve as evidence of the damage caused by Citra.