Mt. Kanlaon, Its Myths and Wildlife, Painting by Masaste

Letter from SENATOR COMPANERA PIA S. CAYETANO

to Mr. Paul A. Aquino, President, Energy Development Corp.,

 26 June 2008

MR. PAUL A. AQUINO

President and Chief Executive Officer

PNOC Energy Development Corporation

PNOC EDC Building 5, Energy Center, Merritt Road

Fort Bonifacio, Taguig City, Metro Manila

Dear Mr. Aquino;

            Issues of paramount importance concerning the proposed entry of the PNOC-EDC into the buffer zone of the Mt. Kanlaon Natural Park for the expansion of its geothermal exploration and development have been brought to my attention recently.

Among the issues are the interpretation and, consequently, implementation of Republic Act No. 9154 entitled “AN ACT ESTABLISHING MT. KANLAON LOCATED IN THE CITIES OF BAGO, LA CARLOTA, AND SAN CAROS AND IN THE MUNICIPALITES OF LA CASTELLANA AND MURCIA, ALL IN THE PROVINCE OF NEGROS OCCIDENTAL, AND IN THE CITY OF CANLAON AND MUNICIPALITY OF VALLEHERMOSO, BOTH IN THE PROVINCE OF NEGROS ORIENTAL, AS A PROTECTED AREA ANDA PERIPHERAL AREA AS BUFFER ZONE PROVIDING FOR ITS MANAGEMENT, AND FOR OTHER PURPOSES.”

Section 5 of R.A. 9154 provides:

Section 5. Establishment of a Buffer Zone – An area for the exploration, development and utilization of geothermal energy resources as well as other exploration activities is hereby established as the buffer zone with the following technical description:

xxx                               xxx                               xxx                             

Containing an area of one hundred sixty-nine (169) hectares, more or less.

Any geothermal exploration for or development of energy or mineral resources within the MKNP shall not be allowed except by an Act of Congress. Moreover, permits for geothermal activities shall be pursuant to relevant forestry and environmental regulations: Provided, that areas within the buffer zone which shall not be used directly for the development and utilization of geothermal energy shall remain under the control and jurisdiction of the PAMB.

While the first paragraph of Section 5 provides that the buffer zone is reserved as “an area for the exploration, development and utilization of geothermal energy resources,” the next paragraph mandates that “any geothermal exploration for or development of energy or mineral resources within the MKNP shall not be allowed except by an Act of Congress”. Buffer zones, under Republic Act No. 7586 or the National Integrated Area System Act (NIPAS Act), are still to be included in the individual protected area management plan that shall be prepared for each protected area to avoid or minimize harm to the protected area.

I am not aware or any subsequent law allowing PNOC-EDC to conduct any geothermal exploration and development, much less expansion into the 169 hectares buffer zone which is part of the strict protection zone of the Mt. Kanlaon Natural Park. Hence, I see no legal basis for the issuance of any kind of permit or the signing of any kind of memorandum of agreement which will allow PNOC-EDC to proceed with its planned expansion.

It bears stressing that the major impact of the planned expansion is the destruction of 28 hectares of the buffer zone and the destruction of more than 7,000 trees therein. The buffer zone is classified as lowland dipterocarp forest which has a high level of biodiversity and endemism. Therefore, any disturbance cause by the expansion will result in the depletion of the forest cover and dislocation of the wildlife habitat in the area. The forest cover and the wildlife habitat, once lost, can never be replaced, or at the very least, will take thousands of years to replace.

I was advised that your office has been issued a permit to cut the trees in the buffer zone. But given the enormity of the impact of the planned expansion, not to mention the existence of alternative ways of accessing the source of steam, I request your office to order the deferment in the meantime of the cutting of trees within the buffer zone of the Mt. Kanlaon Natural Park until the above mentioned issues and concerns have been clarified and addressed.

Lest it be misunderstood, I fully support the pursuit of alternative sources of energy including geothermal energy. Such pursuit, however should not be at the expense of the environment and in violation of existing laws.

I have sent similar letters to the Secretaries of the Department of Energy and Department of Environment and Natural Resources. I shall call for a Senate inquiry on the matter and I look forward to your office’s active participation in the deliberations.

Thank you for your consideration.

Very truly yours;

(sgd)

SENATOR PIA S. CEYETANO

Chairperson

Committee on Environment and Natural Resources