The Environmental Management Bureau in Eastern Visayas (EMB-8) has rejected the complaint filed by former Palompon, Leyte Mayor Myra Georgina Arevalo against DBSN Farms Agriventures Corp. which is reportedly owned by the current Mayor Ramon Oñate.
In a 50-page decision dated November 13th, EMB-8 dismissed Arevalo's complaint seeking to cancel DBSN's Environmental Compliance Certificate (ECC). The dismissal was based on a lack of jurisdiction and lack of merit to the claims.
Arevalo filed the complaint in September, alleging that DBSN violated several environmental laws and regulations related to forestry, protected watershed areas, land use conversion, and water extraction.
Specifically, she claimed DBSN unlawfully occupied or destroyed forest lands when constructing a soil containment area and eco village, in violation of the Revised Forestry Code.
Arevalo also said the locations of DBSN's Soil Conditioner Containment Area and Green Pond were within the protected Palompon Watershed and Forest Reserve, violating the Expanded NIPAS Act.
Furthermore, she alleged DBSN's excavation and quarrying activities during construction of its breeder farm prematurely converted the land's use in violation of the Comprehensive Agrarian Reform Law.
In response to the complaint, EMB-8 conducted an investigation.
However, the agency determined it did not have jurisdiction over the specific laws cited in Arevalo's allegations. Additionally, EMB-8 noted any violations of those laws would still not qualify as grounds for canceling an ECC. The bureau clarified that cancellation of an ECC is not the prescribed penalty for violations of other environmental laws.
EMB-8 also rejected Arevalo's testimony, finding it to be self-serving and not scientifically objective. Most importantly, the agency stated Arevalo failed to sufficiently demonstrate DBSN's actions would result in grave and irreparable environmental harm, which is the threshold for canceling an ECC. Therefore, EMB-8 dismissed the complaint.
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