Sunday, October 28, 2012

Rico bill to penalize pillage of Choco Hils


Chocolate Hills

 
By JUNE S. BLANCO

    QUEZON CITY – Persons who pillage any of Bohol’s 11,268 Chocolate Hills stand to face 12 years and one day to 20 years of imprisonment and a fine of from P120,000 to P200,000.

This after Rep. Erico Aumentado’s (Bohol, 2nd District) House Bill 6137 passes into law.

The bill seeks to declare the Chocolate Hills as national patrimony, natural heritage park and geological monuments, penalize their pillage, destruction and defacement and for other purposes.

The solon based his bill on the Constitutional mandate where the state shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

The 1,268 hills in Carmen, Sagbayan and Batuan towns are considered the crown jewel of Bohol’s tourism, collectively one of the wonders of the world and of the Philippines’ major tourist attractions because of their grandeur, majesty and unique geological formation.

A German scientist’s study explains that the hills were created over three million years ago when Bohol was still under seawaters – by undersea currents and tidal action that shaped the hills into perfect cones and haycock formation.

The hills are verdant green on rainy days and chocolate brown during summer, hence the name. To preserve the hills’ brown color, maintenance pruning of trees is allowed to preserve their unique and distinctive landmark.

Then President Ramos had declared these hills are national geographical monuments because of their exceptional characteristics, scientific importance, uniqueness, relevance to Philippine history and heritage, culture and development, importance in the country’s tourism industry and high scenic value as recommended by the National Committee on Geological Sciences, the Department of Environment and Natural Resources (DENR) and the Department of Tourism.

Aumentado and others led by Rep. Orlando Fua of Siquijor, then chair of the Committee on Natural Resources, first filed the bill in the 11th Congress.

Section 2 of the Aumentado bill defines pillage as the destruction of any of the hills without permit from the proper authorities and the required environmental clearance certificate (ECC) from the DENR through quarrying or hauling there from of limestone, rocks, soil and road surfacing materials or for backfilling in any construction.

Destruction, on the other hand, means to ruin or devastate completely any of the hills, with permit issued by the proper authorities and ECC from DENR also through quarrying or hauling there from.

Defacement means to mar the appearance or disfigure any of the hills through any other means or device – with permit.

The hills are found in 32 barangays – La Paz, Buenos Aires, Tamboan, Alegria, Villaflor, Matin-ao, Calatrava, Montevideo, Nueva Vida Sur, La Victoria, Montesunting, Nueva Vida Eeste, Nueva Vide Norte and Buenavista in Carmen; Santa Cruz, Aloja, Garcia and Behind the Clouds in Batuan and Sta. Cruz, Sagbayan Sur, Katipunan, Ubojan, Canmaya Diot, Libertad Sur, San Vicente Sur, Libertad Norte, Canmano, Sta. Catalina, Canmaya Centro, Kagawasan, Poblacion and San Agustin in Sagbayan.

Punishable are all natural or juridical persons. For destruction, violators can be imprisoned for eight years, four months and one day to 12 years and fine of from P85,000 to P120,000 while those who deface any hill can be imprisoned from six years and one day to eight years and four months and fine from P60,000 to P84,000.

In case of corporation, the president, chairman of the board, general manager and project manager while for sole proprietorship, the proprietor and manager are responsible for the violations.

The court may also order offenders to restore the hill or hills pillaged, destroyed or defaced. If the offender is a public official who directly committed any of the offenses or conspired with the offender in the commission of the same, the Court shall impose the accessory penalty of perpetual disqualification to hold public office.

The DENR shall issue the implementing rules and regulation of the act within 60 days from its enactment into law. It shall take effect 15 days after its complete publication in two newspapers of general circulation.

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