DENR on viral Chocolate Hills resort: Closure order issued in 2023
The Department of Environment and Natural Resources (DENR) revealed that it had already placed a temporary closure order on Captain's Peak Garden and Resort, the now-viral resort between the Chocolate Hills.
"In the case of the Captain's Peak Resort, the DENR issued a Temporary Closure Order last September 6, 2023, and a Notice of Violation to the project proponent last January 22, 2024, for operating without an Environmental Compliance Certificate (ECC)," the department said in a statement retrieved by PhilSTAR L!fe on Wednesday, March 13.
Moreover, DENR said that Regional Executive Director Paquito D. Melicor issued a memorandum directing PENRO Bohol Ariel Rica to create a team to conduct an inspection of the result of its compliance with the Temporary Closure Order.
The department's Environment Management Bureau (EMB) will continue monitoring the inspection.
In case you didn't know, Captain's Peak Garden and Resort went viral on social media after a vlogger dubbed "Ren The Adventurer" uploaded on Wednesday, March 6, a video featuring the resort at the foot of the Chocolate Hills. Although it was uploaded a week ago, it was resurfaced online and drew criticism.
As of writing, the video garnered more than 4 million views, 53,000 shares, and 122,000 reactions.
'Eyesore'
The resort's owner, government agencies, and Bohol local government have been at the receiving end of the online backlash with social media users calling the property an "eyesore" to the picturesque view of the Chocolate Hills.
"Why was this allowed?? This kind of resort should not and must not be supported," a social media user wrote.
"Just because you can doesn't mean you should!" another one chided.
"Nakakalungkot naman ito. Unti-unti masisira ang ganda ng Chocolate hills."
Other users demanded the resort's closure to preserve the beauty and natural wonders of Chocolate Hills.
"It's truly disheartening! The Chocolate Hills are not just a natural wonder but also part of our heritage. Preserving them is crucial for future generations to marvel at their beauty and significance. Let's advocate for their protection together!"
"Parang for cases such as this immediate total demolition of the structure ang kailangan. It is obvious that what they did was deliberate dahil hindi lang naman sa Pilipinas known ang Chocolate Hills is a Natural Monument," an X user wrote.
Human rights advocate, and lawyer Chel Diokno also questioned the idea of how a resort was established beneath the Chocolate Hills while calling out the DENR to take immediate action towards the protected land.
"Paano 'to nabigyan ng clearance at bakit pinayagang magpatuloy?Sana aksyunan ng DENR ang panawagan ng mga kababayan nating Boholanos na protektahan ang Chocolate Hills, na isa sa mga tanyag na tourist spot sa bansa at kilala bilang kauna-unahang UNESCO global geopark sa Pilipinas"
Likewise, Senator Nancy Binay slammed the resort's construction, urging various local agencies to explain why construction permits continue to be granted even with Chocolate Hills' protected status.
"Kung ang mga ahensya ng gobyerno na may tungkulin at repsonsibilidad na pangalagaan ang Chocolate Hills ay may pro-environment mindset, ang tanong po, bakit nakapagpatayo ng resort at mayroon pang cottages at swimming pool sa isang 'classifies natural monument sa ilalim ng NIPAS at isang protected UNESCO geopark?" the senator said in a statement.
Meanwhile, in a TV5's Frontline Pilipinas report, Julieta Sablas, the resort's manager, firmly said that they have permission to run the business as they started it in 2019.
"Hindi po kami aabot ng 2024 kung wala po kaming business permit. Hindi kami aabot, since 2019 until now, nire-renew 'yung business permit namin. Lahat nung construction namin, meron kaming building permit po," she told the media outlet.
Talking about its closure, "Bakit iko-close po nila? Eh willing naman kaming mag-comply. WIlling po kaming magbigay ng penalty. Nandito pa po kami kasi'yung mga tauhan naming nagtrabaho, wala po kaming pang-sahod eh."
Moreover, the Department of Tourism (DOT) said in a statement that Captain's Peak Garden and Resort is "not an accredited tourism establishment under the auspices of the Department of Tourism's accreditation system, and there is no pending application for accreditation for the same."
What does the law say?
On July 1, 1997, it was declared as a protected area through Proclamation No. 1037 issued by then President Fidel V. Ramos, designating the Chocolate Hills as a National Geological Monument and a Protected Landscape while recognizing the unique geological formations and the importance of covering its natural wonder for preservation.
The declaration also aimed to preserve the iconic landscape of the Chocolate Hills and promote sustainable tourism while protecting the biodiversity and environmental integrity of the area.
Hence, Chocolate Hills is protected under the Republic Act 7586, or an Act Providing for the Establishment and Management of Natural Integrated Protected Areas System (NIPAS).
R.A 7586 said, specifically in Section 20, that certain acts are prohibited within the protected areas. These include hunting, destroying, disturbing, or mere possession of any plants, animals, or products, dumping any waste product, and altering, removing, destroying, or defacing boundary marks or signs, among others.
Meanwhile, DENR noted in a statement that if land were titled before Proclamation 1037 declaring an area as a protected area, the rights and interests of the landowner would generally be "recognized and respected." This is the same scenario as the Chocolate Hills complex in Barangay Buenos Aires in Carmen town and Sagbayan Peak, and the Chocolate Hills Adventure Park (CHAP), which were developed even before the Chocolate Hills had been proclaimed as a protected area.
However, the department emphasized that the declaration of an area as a protected area may impose certain "restrictions or regulations on land use and development within the protected area, even for privately-owned lands, which are detailed in the Environmental Impact Statement prior to the issuance of an ECC for the project."
In August 2023, Bohol Chronicle's Sunday print edition noted that Gov. Aris Aumentado directed the Bohol Environment and Management Office (BEMO) and the Provincial Environment and Natural Resources Office (PENRO) as well as the regional office to investigate the reported defacement of some of the hills in Barangay Canmano, Sagbayan town, where the resort is located. This was investigated as the Provincial Board Member Nathaniel Binlod did not want to put the hills' geopark status from UNESCO at risk.
Moreover, the media outlet reported that Binlod, during that time, talked to the unnamed resort owner, who "had already presented the development proposal to Protected Area Management Board (PAMB)." However, Binlod didn't say if the mentioned project proposal got PAMB's green light.
PhilSTAR L!fe also reached out to the Bohol Provincial Environment Management Office and the Provincial Government of Bohol regarding the matter. As of writing, the offices have no response.
