The Duterte administration has upheld Catholic Social teachings related to the principles of integrity of creation and integral development based on human dignity and solidarity through its strong stance against destructive mining, the rehabilitation of Boracay island, and its strong support for the immediate passage of the National Land Use Act (NLUA), which shall ensure the rational and sustainable use of land and physical resources, and the creation of a Department of Disaster Resiliency, which shall lead national efforts to reduce disaster risks and effectively respond to disasters. While the government attended to the immediate needs of affected families in war-torn Marawi, the reconstruction of severely damaged areas has been delayed due to the failure of the China-led group that the government initially selected to undertake the project to comply with technical, legal and financial requirements. Moreover, the rehabilitation of Marawi is also said to be wrought by “unfinalized plans, loose procurement rules and legal shortcuts, and with constantly rising financial costs with still uncertain funding.”
Updated as of July 31, 2018
CATHOLIC SOCIAL PRINCIPLE:
Integral Development Based on Human Dignity and Solidarity
Public policy and government programs must promote development that not only fulfills the material needs of citizens, but also affirms human dignity and freedom, integrity in governance, national sovereignty, and the spiritual dimension of human beings.
Recognizing the need for a holistic framework on land use to ensure the rational and sustainable use of land and physical resources given the competing needs for food security, housing, business and environmental conservation, the president has repeatedly asked Congress to enact the National Land Use Act (NLUA). He urged for its passage during his State of the Nation Address (SONA) in 2017 and reiterated the call on July 23, 2018 at his third SONA.
“I refer to climate change, which could bring drought and long dry spells affecting food production in Mindanao, given the fact that Mindanao is unusually warming. I ask all agencies involved in food production to look into this and act accordingly.”
President Duterte, July 24, 2017
In the House of Representatives, the NLUA (House Bill No. 5240) has been approved on third and final reading. In the Senate, five bills (Senate Bill Nos. 1522, 1144, 1015, 34, and 25) have been filed but are still pending at the Committee on Environment and Natural Resources. NLUA aims to create a national framework to guide the efficient use of land for development, to preserve prime-agricultural lands, and to identify protection areas. Advocates for the passage of NLUA say that it will benefit environmental protection and climate change adaptation.
The Committee on Environment and Natural Resources, chaired by Sen. Cynthia Villar, has yet to set a hearing on the NLUA bills filed in the Senate. The senator’s family owns a large real estate development business and has close ties with the real estate lobby, which will be inconvenienced by the tighter regulations on land use that the NLUA will introduce. The Campaign for Land Use Policy Now (CLUP Now!), a network of NLUA advocates, released a position statement saying that Sen. Villar is utilizing her Chairmanship of the Committee on Agriculture and Food, Agrarian Reform, and Environment and Natural Resources, to favor Vista Land, which her family owns. According to the group, the confrontation between the Senator and a NLUA advocate during the Commission on Appointment hearing on May 29, 2018 showed the senator’s admission of her conflict of interest as a public official and a real estate developer. CLUP Now! urged her to perform her duty as a public official by hearing the proposed bill.
Among the bills certified as urgent by President Duterte during his third SONA was the creation of a Department of Disaster Management. (He had mentioned this in his second SONA in 2017.) Days after the president’s speech, three committees of the House of Representatives endorsed for plenary approval the substitute bill creating a Department of Disaster Resilience (DDR). Under the substitute bill, the DDR shall be the primary government agency responsible for “leading, organizing, and managing the national effort to reduce disaster risk, prepare for and respond to disasters, recover and rehabilitate the country after the occurrence of disasters.”
The budget allocated for the National Disaster Risk Reduction and Management Fund (NDRRM Fund, formerly Calamity Fund) rose from ₱15.7 billion in 2017 to ₱19.6 billion in 2018. This is a positive development from the previous slashing of budget from 2016 to 2017 budget as bigger resources can better facilitate response to urgent needs of communities during times of emergency.
With the new development towards the creation of a Department of Disaster Management, the House Committee on Appropriations approved the allocation of ₱20.2 billion for national disaster resilience fund and ₱6.5 for quick response fund.
Initially, Defense Secretary Delfin Lorenzana said in September 2017 that part of the unused funds intended for Yolanda-affected families amounting to ₱5 billion would be used for the rehabilitation of Marawi City. This diversion of funds, according to a progressive party-list group, “equates to State neglect of rehabilitation work needed [in Eastern Visayas], [where] thousands of survivors are still without livelihood and are living in substandard conditions.”
The government has allocated ₱10 billion for Marawi Rehabilitation in the proposed General Appropriations Act. Task Force Bangon Marawi (TFBM) Chair Eduardo del Rosario said that based on their new estimate, ₱62 billion is needed for the five years rehabilitationof Marawi. (This is lower than their estimate in May 2018 which was ₱55 billion).
According to the Philippine Center for Investigative Journalism (PCIJ), the Marawi rehabilitation is “a patchwork of disconnected promises mired with multiple problems.” It is marked by “unfinalized plans, loose procurement rules and legal shortcuts, and with constantly rising financial costs with still uncertain funding.” PCIJ also reported ambiguities in the guidelines on the awarding of project contracts, token consultations with the affected communities, uncoordinated work by national and local government agencies and unsettled land rights and reparations claims. Some contractors were also found to have no credible track record in civil works.
The reconstruction of severely damaged areas in Marawi has been delayed due to thefailure of Bangon Marawi Consortium, the China-led group initially selected by the government to undertake the project, to comply with technical, financial and legal requirements. The documents submitted by the consortium were even in Chinese and without English translations. Some peopleexpressed fear about the involvement of Chinese companies in Marawi’s rehabilitation since they know that it comes with a price. Others said that delays could have been avoided if the government hired capable local construction companies instead of foreign firms to rebuild Marawi.
CATHOLIC SOCIAL PRINCIPLE:
Peace and Active Non-violence
Public policy and government programs must promote peace not as the suppression of conflict, but as the result of constructive dialogue and holistic solutions which treat conflicting parties as human beings and address the root causes of conflict.
Under the Duterte administration, at least 33 environmental advocates were murdered as of December 2017. In nearly three quarters (73%) of these cases, the police, the military, and paramilitary groups working with the Armed Forces of the Philippines (AFP) were suspected or confirmed to have been involved. Large corporations involved in mining and plantations are implicated in most of the cases.
Global Witness, an independent, non-profit organization of journalists exposing natural resource misuse, conflict, and corruption, recorded a total of 41 environmental defenders killed in the Philippines in 2017, making the country “the most dangerous for defenders” in Asia. More than half (56%) of these deaths are suspected to be perpetrated by soldiers.
Also, bringing the killers of environmentalists to justice seems remote in the Philippines. For example, on January 6, 2018, the Court of Appeals ruled to release from detention former Palawan Governor Joel Reyes over the murder of Gerry Ortega, an environmentalist and radio host, in 2011. Reyes was later sent back to jail for graft over a mining permit case. The killing of Gerry Ortega remains unresolved.
Although the strong position of the president against open-pit mining is commendable, his threat to bomb open-mining that are not complying with the current mining ban encourages violence and disregards due process of law.
CATHOLIC SOCIAL PRINCIPLE:
Integrity of Creation
Public policy and government programs must safeguard and conserve natural resources and promote production that does not destroy the environment.
In his 2017 SONA the president declared that “the protection of the environment must be made a priority ahead of mining and all other activities that adversely affect one way or another (sic). And this policy is non-negotiable.” He also admonished mining companies to rehabilitate abandoned mines: “I am holding all mining companies and its [sic] officials responsible for the full and quick clean-up, restoration, rehabilitation of all areas damaged by mining activities.”
The president has been consistent on his position against open-pit mining. In 2017, he categorically rejected the recommendation of the Mining Industry Coordinating Council (MICC) to lift the ban on open-pit mining with DENR Secretary Roy Cimatu deferring to the President’s position. Early in 2018, he committed to ban on open-pit mining until 2019. In his third SONA, he reiterated his message to mining companies to repair what they have mismanaged, or the government will continue with its restrictive policies on mining, such as prohibition of open-pit mining.
One of the first actions of former Sec. Gina Lopez of the Department of Environment and Natural Resources (DENR) was to audit the mining companies. From September 2016 to February 2017, DENR issued suspension orders, ordered mine closures, and cancelled environmental compliance certificates (ECC) and mineral production sharing agreements (MPSA).
Then Environment Secretary Lopez issued in April 2017 Department Administrative Order (DAO) 2017-10 banning open-pit mining of copper, gold, silver, and complex ore in the country. According to the department order, mining operators that were yet to start their operations but already have approved Declarations of Mining Project Feasibility for open-pit mining would have six months to review their mining method.
On December 24, 2017, DENR denied the renewal of MPSA of Hinatuan Mining Corp. (HMC), a subsidiary of Nickel Asia Corp. (NAC), in Guiuan, Eastern Samar, citing that no mining should be done in protected areas. Without MPSA, HMC will not be able to continue its mining operation in Manicani Island, which is part of Guiuan Marine Reserve or areas declared as protected landscapes/seascapes.
On May 3, 2017, the Commission on Appointments (CA) rejected the appointment of Sec. Lopez. The appointment of the new DENR secretary, former Armed Forces Chief of Staff Roy Cimatu, was not welcomed by environmental activists, who pointed to his lack of a track record in environmental engagement and raised concerns about the “militarization” of the cabinet. Mining companies, on the other hand, were optimistic about the appointment. The appointment was confirmed by the Commission on Appointments on October 4, 2017 referring to the secretary’s military career and experience as key to addressing the environmental problems of the country. However, anti-mining advocates such as the Alyansa Tigil Mina expressed their disappointment over the confirmation of Sec. Cimatu, explaining that the CA “wants someone who will not rock the boat, and continue the ‘business as usual’ routine at the DENR.”
Despite assurances by Environment Secretary Cimatu that the ban on open pit mining would remain in effect and that he will uphold the president’s plan to ban open-pit mining, he announced his plan to issue a Department Administrative Order (DAO) to restore open-pit mining operations. This was upon the recommendation of the Mining Industry Coordinating Council (MICC) on October 24, 2017 to lift the open-pit mining ban in the country, a move that is intended to create a friendlier investment climate for mining firms.
The DENR’s plans to “harmonize” standards, conduct, and results of its mining audit with those of the MICC, which has been recommending to lift the ban on open-pit mining, might lead to government’s imposing of softer sanctions (e.g., penalties) instead of cancelling the MPSAs of mining companies with grave violations, and worse, to the same recommendation of the council. As the lead executive agency for environmental protection, it is alarming that DENR is the one harmonizing with the MICC instead of the other way around.
Despite the suspension or order to shut down by the government issued under Sec. Lopez, most mining companies (23 of 27) reviewed by the MICC passed their mining audit in June 2018. The result is still subject to the approval of the president. A month later, DENR lifted the moratorium on the approval of mining exploration permits and small-scale mining projects. The DENR explained that the lifted moratorium means exploration is allowed for the 16 previously signed mining contracts. These developments are despite the president’s repeated position to stop open-pit mining in the country.
Although the DENR heeded the call of civil society groups and community organizations to not renew the MPSA of HMC in Eastern Samar, it has yet to act on the proposal by advocates in Zambales to close destructive nickel-mining operation of Westchinamin Corporation by cancelling its MPSA, which was issued while there is a moratorium on new mining projects.
Following the alleged “massacre” by Ipilan Nickel Corporation of 7,000 trees outside of the area defined by its tree-cutting permit in Palawan, the DENR canceled the mining company’s tree-cutting permit and environmental compliance certificate (ECC) in December 2016. In July 2017, the regional office of DENR’s Environmental Management Bureau released a cease and desist order against the company halting its mining operations after it was found operating without an ECC.
Cimatu issued DENR Administrative Order (DAO) No. 2017-18 in July 2017 suspending DAO 2017-04 issued by his predecessor and which restricted to the DENR secretary the authority to issue ECCs for both environmentally critical and non-environmentally critical projects. The new DAO returns the authority to issue the ECC for non-environmentally critical projects to the director and regional directors of the Environment Management Bureau (EMB), while the authority to issue ECCs for environmentally critical projects resides with either the EMB director or the DENR secretary, as stated in the Manual of Authorities on Technical Matters.
Although Sec. Cimatu claims that DAO 2017-18 will expedite the issuance of ECCs in compliance with the president’s directive to cut red tape in government, several environmental groups, such as the Center for Environmental Concerns, argue that “decentralizing the ECC approval without reforming the DENR-EMB is tantamount to aggravating environmental problems that the country is already suffering from.”
On March 1, 2017, the president signed the Paris Agreement, which aims to limit global temperature increase. The Senate ratified the Paris Agreement on March 14, 2017. The Paris Agreement entered into force in the Philippines on April 22, 2017, 30 days after its ratification.
The Climate Change Commission said in February 2018 that they will be developing a national framework on energy to reform the country’s energy policy and to achieve sustainability, affordability, and energy security using renewable energy. In April 2018, the Board of Investments, an attached agency of Department of Trade and Industry, announced that the Philippines will roll-out 8 solar projects in October 2018. The Philippines is considered a regional leader in generating power from clean energy.
The Climate Change Commission said that the increase in the coal excise tax rate as stipulated by the TRAIN Law will facilitate investments in sustainable renewable energy.
In a country with abundant renewable energy resources (wind, solar, and hydro), there has been no perceptible decisive push for clean energy from the government. In his first State of the Nation Address (SONA) in July 2016, the president announced that government will build more coal-fired power plants. Although the Philippines’ energy policy is to shift to renewable energies and to review policies to comply with the Paris Agreement, 45% of power generation in the country is still coming from coal.
“Let us be very clear on this: We need to industrialize. We need the power and, therefore, the emissions would also be considered… And I intend to do something during my term. Now, I’m sure that the heavy machineries would come in and even the power, cheapest is coal.”
President Duterte, July 25, 2016
The DOE seems to be keen on making the power plant “useful” as it draws up a policy to increase public awareness on nuclear energy, citing community acceptance of the BNPP as a “bigger battle.” In May 2017, the Department of Energy (DOE) signed a memorandum of understanding (MOU) with the Russian State Atomic Energy Corporation (ROSATOM) for enhancing cooperation on the use of nuclear energy through technical assistance and on a campaign to win public support for nuclear energy. In January 2018, Russia’a ROSATOM, Slovenia’s Gen Enerjia, and nuclear firm Worley Parsons, released the result of their assessment of BNPP and recommended to rehabilitate the power plant.
In his first State of the Nation Address (SONA) in 2016, the President acknowledged that there is a need to address the inadequacy of disposal facilities in Metro Manila. He said that to do this, “appropriate waste-to-energy facilities will be explored”, along with closure and rehabilitation of a landfill. Months later, the DENR proposed the use of waste-to-energy technologies to address the country’s urban waste problem in January 2017.
The National Government supports the establishment of waste-to-energy (WTE) plant of several local government units (LGUs) despite protests from environmental groups. The DENR secretary ordered the crafting of a department administrative order that will provided a clear-cut policy on the use of incinerators, including WTE technologies. The Department of Energy (DOE) facilitated a joint venture agreement between the City Government of Puerto Princesa and Austworks Corporation for the establishment of a WTE. In Davao City, the City Government is establishing a WTE with funding from Japan International Cooperation Agency (JICA).
No Burn Pilipinas, a coalition of environmental NGOs, disagreed with WTE because it will use incinerators. According to the group, the use of incinerators is banned under the Clean Air Act and burning of wastes is prohibited under the Ecological Solid Waste Management Act. The WTE project in Palawan faces opposition from the Environmental Legal Assistance Center (ELAC) citing that the sanitary landfill’s Environment Clearance Certificate (ECC) stipulates its mandatory evolution into a zero-waste management program. This is also the case for the WTE project in Davao City where Interface Development Interventions (Idis) and EcoWaste Coalition oppose the grant from Japan to build the plant. They said that the project will only aggravate the issue of waste in the city because it requires steady supply of trash to be burned to be economically viable.
On May 8, 2017, the president declared Benham Rise, a resource-rich underwater plateau, a “protected food supply exclusive zone.” Mining and oil exploration activities are prohibited on the plateau. On February 12, 2018, the House of Representatives approved House Resolution No. 1636 that establishes a trust fund with ₱100-million seed amount for scientific and surveys and marine exploration in Benham Rise. The fund will be managed by the National Coast Watch Council.
In August 2017, Viacom International Media Networks, CWP’s international partner, announced that the company would no longer pursue the proposed underwater Nickelodeon theme park in Palawan. This is after environmental groups have opposed the plans because of fears that the project would damage the marine ecosystem, pointing out that local project proponent, Coral World Park, lacked a track record in environmental conservation. DENR’s action, under the leadership of Sec. Cimatu, was to conduct an inquiry on the proposed theme park “to ensure that ecological, social, economic and human interests,” including the protection of Palawan’s rich biodiversity, were considered in evaluating the project.
According to the Philippine Economic Zone Authority (PEZA), the construction of the Nickelodeon theme park will be revived and will be developed by Coral World Park International Resorts, Inc. The project will have to secure approval from several agencies before the construction begins.
On August 3, 2018, DENR Secretary Roy Cimatu declared three water systems (i.e., Malabon-Tullahan-Tinajeros, Las Piñas-Parañaque, and Iyam-Dumacaa river systems) as water quality management areas (WQMAs) through several administrative orders. These areas have been placed under strict monitoring of the DENR for improvement of water quality and protection from pollution and degradation.
The Court of Appeals caused a setback in the government’s campaign to rehabilitate the Laguna Lake by issuing a ruling that stops the Laguna Lake Development Authority (LLDA) from demolishing fish pens that are occupying almost 1,000 hectares of the lake and with dubious permits.
Convinced that excessive logging in the Zamboanga Peninsula caused the deadly flashfloods during the onslaught of Typhoon Vinta and Tropical Storm Urduja in December 2017, President Duterte ordered the DENR to suspend the operations of logging companies in the area. The DENR secretary immediately ordered the review of 104 forest management licenses in the country to check whether violations have been committed. Of the 51 licenses in Mindanao, 10 are in Zamboanga Peninsula.
On March 7, 2018, DENR secretary ordered Provincial and Community Environment and Natural Resources Offices (PENROs, CENROs) in Mindanao to stop all the illegal mining and illegal logging operations, arrest all violators of mining and illegal logging operations, and submit a list of reported illegal logging operations.
The DENR recommended the closure of 51 establishments in Boracay Island (including hotels, resorts, and restaurants) for violating the Clean Water Act and other laws on waste management and land use. DENR also compelled the municipal government to enforce environmental laws and regulations, and committed to hold the local government accountable for allowing the illegal construction of structures on wetlands.
To facilitate the release of ₱2-billion worth of calamity fund for the island’s rehabilitation, President Duterte issued on April 26, 2018 Proclamation No. 475 that placed three barangays under a state of calamity. He also assured the public that no casino by Chinese operators will be constructed in Boracay even if they were granted a provisional gaming license by the Philippine Amusement and Gaming Corporation (PAGCOR).
The DENR reaffirmed the 6-month deadline for the rehabilitation of Boracay, saying that cleanup activities are proceeding ahead of schedule. A study on the carrying capacity of Boracay island is set to be released in August 2018 to help fine-tune the island’s rehabilitation plan.
Although the national government is determined to address the environmental concerns in Boracay, the closure of the island was done without a masterplan for rehabilitation. Two months after the President described Boracay Island as a “cesspool” and directed its clean up, the President, upon the recommendation of the Department of Environment and Natural Resources (DENR), Department of Interior and Local Government (DILG) and Department of Tourism (DOT), verbally ordered the closure of the island for 6 months starting April 26, 2018 despite not being ready with a masterplan. Malacañang even downplayed the need for a written order regarding the closure saying that it is just for formality.
Despite the closure of Boracay Island there was news that a mountain in Barangay Yapak was flattened for the construction of a resort, owned by the family of Sen. Cynthia Villar. According to the residents, the site is near the natural habitat of endangered fruit bats. The local government also said that the resort does not have the necessary permits and ordered the cessation of the project. DENR Secretary Cimatu ordered the Boracay Inter-Agency Task Force to stop all kinds of construction in the island and implemented a moratorium on the issuance of DENR permits.
CATHOLIC SOCIAL PRINCIPLE:
People Empowerment
Public policy and government programs must enable people to become “active and responsible subjects of social life,” institutionalizing mechanisms for meaningful participation at all levels of governance and protecting the civil rights and freedoms which allow such participation. Public policy and government programs must nurture the development of strong civil society organizations and institutions and protect the autonomy of civil society from the state, recognizing the principle of subsidiarity which requires that decisions be made as much as possible at the level closest to the people.
The abrupt closure of the whole Boracay Island surprised and shocked residents. They as well as environmental groups claimed that no public consultations were held prior to the verbal announcement of the closure and were not informed about any livelihood assistance from government. Boracay residents, who depend mainly on tourism-related livelihood, expressed concern on the effect of the closure of Boracay on their livelihood.
The government plans to build a second military camp in Marawi within the military reservation in Barangay Kapantaran. However, local civil society groups opposed the plan. Tindeg Ranao said that they could not understand why the government is building another military camp while thousands of families are staying in evacuation centers. For the Moro Consensus Group, building a military camp will instill fear among the displaced Maranaos and will suppress their right to speak against human rights violations they have experienced. For the Ranaw Multi-Sectoral Movement, proper consultations with Maranaos should be conducted before proceeding with this plan.