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Governor no part in PAMB before ENIPAS Law – Chatto

CONG CHATTO

In the (National Integrated Protected Areas System) NIPAS Act of 1992, the governors, senators and congressional representatives were not part of the membership composition of the Protected Area Management Board (PAMB). 

This was clarified by Cong. Edgar Chatto in response to questions on his non-inclusion in the recent suspension of 69 Bohol officials by the Ombudsman. 

The first district solon explained that maybe it was because the NIPAS Law or Republic Act No. 7586 of 1992 is different from the Expanded NIPAS Law or Republic Act No. 11038 of 2018. 

The governors, senators and congressional representatives became part of the PAMB only under the ENIPAS Law which was approved on June 2018 but implemented later after the approval of the Implementing Rules and Regulations (IRR) in May 2019 and subsequent publication on July 2019 as required by law, he added. 

Chatto had served as governor from 2010 until June 2019. 

According to Chatto, it is worth noting that senators and congressional representatives have the option to decline membership to PAMB. 

He also cited Section 21 of Republic Act 6770, defining the disciplinary powers of the Ombudsman, which does not include impeachable officials and members of Congress.

“It is sad that many officials were suspended. Investigations should be swift and should lead to identifying those who are accountable and to clear the names of those who were not negligent on their job,” he stated. 

It can be recalled that the issue on the Captain’s Peak became viral early this year. 

In investigations, it was revealed that the PAMB issued a clearance through a resolution in February 2018, endorsing developments for the establishment and providing requirements that include securing an Environmental Compliance Certificate, among others. 

This was covered under the prevailing NIPAS Act of 1992 and Presidential Proclamation No. 333 of then president Gloria Macapagal-Arroyo in 2003 specifically excluding the lands surrounding the hills from the protected area.

Another resolution was issued by PAMB in July 2022, approving developments of the resort, including the swimming pool and other facilities at a different location. 

It was also found out that the resort was issued business permits from 2020 until 2024 until it was ordered closed due to the lack of an ECC from the Department of Environment and Natural Resources. 

Just last May 20, 2024, Bohol representatives Cong. Alexie Tutor, Cong. Vanvan Aumentado, Cong. Jose Alvarez of Palawan and Chatto filed House Bill No. 10438 establishing the coverage of the Chocolate Hills Natural Monument (CHNM), amending the composition of the CHNM Protected Area Management Board in relation to the Expanded National Integrated Protected Areas System (NIPAS). 

The proposed bill aims to address concerns specific to the Chocolate Hills, spread across the second and third districts with one hill in Catigbian, in the boundary of Sagbayan and Batuan. 

It ensures the preservation and protection of all 1,776 hills, timberland areas and 20-meter buffer zone provides for the regulated use of the remaining flatlands outside of the 20-meter drawback. 

The measure also seeks to expand the membership of the PAMB to include the Department of Tourism, Religious Group, National Museum, UNESCO Technical Committee of Bohol, Environmental Planners and Architect Group with operations within the area or within the province.

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