The Exchange requested the company to make a clarification on the news article entitled “Ipilan told to explain massive tree cuttings” posted in manilastandard.net on May 23, 2017. The article reported in part that:
“The Department of Environment and Natural Resources has given Ipilan Nickel Corp. until today to explain why no criminal charges should be filed against the mining company over its alleged massive tree cutting in Brooke’s Point, Palawan.
Department of Environment and Natural Resources-Mimaropa Regional Director Natividad Bernardino issued the order based on a directive by Environment Secretary Roy Cimatu, who ordered a full investigation into Ipilan’s violations for cutting down thousands of trees within its mining area, even after the DENR had stopped its operations. . . . .
The DENR said although Ipilan had an existing one-year tree cutting permit expiring on May 26 this year, the same was deemed no longer effective since Dec. 14, 2016 when the DENR, under then Secretary Gina Lopez, cancelled the firm’s environmental compliance certificate.
Ipilan in the show cause order signed by Bernardino was given three working days from receipt to submit a reply before the DENR resolution.
Ipilan through its resident manager Ferdinand Libatique received the order on May 19.
Bernardino said unless properly explained what the INC did was ‘contrary to law and sufficient ground to file criminal complaint in a court of law.’
The regional director said the president of Ipilan ‘could be charged with qualified theft’ for violation of the Revised Forestry Code.”
The Company asserts that its affiliate, Ipilan Nickel Corporation (INC), has complied with applicable laws and regulations in its tree-cutting activities in Brooke’s Point, Palawan.
The DENR order cancelling INC’s Environmental Compliance Certificate (ECC) is a subject of a pending motion for reconsideration, which stops the effectivity of the order pursuant to the Revised Administrative Code. Hence, the ECC remains effective unless the cancellation becomes final and executory.
The ECC is a legal document separate and distinct from the tree-cutting permit which was issued by the DENR to INC on May 25, 2016. The permit, which expires on May 26, 2017, has not been cancelled or recalled by the DENR. The DENR only suspended the tree-cutting permit on May 19, 2017. The permit allowed INC to earth-ball 14,439 trees and cut 13,490 trees in an area covering 52 hectares. INC coordinated with the Community Environment and Natural Resources Office in the process of implementing the permit that began last year. All trees that were to be cut were inventoried and marked by the DENR. Contrary to reports, INC’s activities have only affected a fourth of the allowable limit strictly within the areas stated in the permit. Accordingly, Section 77 of Presidential Decree No. 705 or the Revised Forestry Code punishing cutting of timber “without any authority” does not apply. INC will respond to the show cause orders of the DENR or any investigation on the issue in due course.
Attached is INC’s related press release. |