Bohol First District Rep. Edgar M. Chatto, in a recent interview over DYTR’s Newsmakers Program, has addressed allegations regarding his alleged involvement in the issuance of Protected Area Management Board (PAMB) clearances for Captain’s Peak Garden and Resort in Sagbayan, Bohol.
The allegations suggested that the resort, located at the base of the Chocolate Hills, was constructed during Chatto’s tenure as governor in 2018.
During an interview by Ardy Araneta-Batoy over DYTR on March 22, 2024, Chatto debunked PAMB’s myth by outlining the legal framework and facts surrounding the PAMB’s composition and its clearances then and now.
Understanding PAMB Composition and Legislation
The National Integrated Protected Area System (NIPAS) law, enacted in 1992 under President Corazon Aquino, established the PAMB.
Initially, the board included regional and local government representatives, tribal community members, non-governmental organizations, and national agency representatives.
However, the expanded NIPAS law, signed by President Duterte in 2018, introduced new members to the PAMB, including the governor, district congressional representatives, and senators from the protected area’s locality.
Notably, legislators’ participation in the PAMB is optional.
Clearances Under Scrutiny
Captain’s Peak received two PAMB clearances: one on February 15, 2018, under the original NIPAS law, and another on July 14, 2022, under the expanded NIPAS law.
The first clearance followed Proclamation No. 333 by President Gloria Macapagal-Arroyo, which allowed development around the hills.
The expanded NIPAS law, however, prohibits such developments.
Chatto emphasized that the PAMB clearances were issued under different guidelines and laws.
The first clearance respected the landowners’ prior rights, while the second clearance, issued under the expanded NIPAS law, restricted development around the Chocolate Hills.
“Under the original NIPAS law, I was not a member of the PAMB during my tenure as governor,” Chatto stated.
“The first PAMB clearance was issued respecting the landowners’ prior rights, which allowed development around the hills.”
Regarding the second clearance, he explained, “The clearance issued in July 2022 falls under the expanded NIPAS law, which I had no part in as a legislator. It prohibits development on land surrounding the Chocolate Hills.”
Governor Aumentado’s Role
The current governor, Aris Aumentado, was in office in July 2022 when the second PAMB clearance was issued.
Unlike during Chatto’s tenure, the governor is now a member of the PAMB.
Chatto recalled that during his time as governor, he never signed a PAMB document, as the governor was not a board member then.
Validity of Clearances
Chatto pointed out that the first PAMB clearance was not “perfected” and could not be considered valid due to the absence of an approved Environmental Compliance Certificate (ECC).
Additionally, the facilities inside the resort were never given clearance, as they were built on a location not stipulated in the PAMB clearance.
The second clearance, while also lacking an ECC, resulted in the resort being granted a permit from the local government unit to build and then to operate.
Chatto’s Stand on Environmental Protection
Chatto has consistently maintained that the protection of the Chocolate Hills is non-negotiable.
“Natural treasures should be protected at all times,” he asserted.
He emphasized the importance of determining accountability and preventing a repeat of the situation at Captain’s Peak.
Chatto also called for a review of policies to harmonize conflicting regulations regarding protected areas.
Chatto’s statements were aimed to dispel any misconceptions about his role in the PAMB clearances and highlight the legal processes that govern such decisions.
He stressed the importance of the Department of Environment and Natural Resources (DENR) in controlling protected areas and advocated for active consultations with stakeholders to be the norm.