Boracay clean up not over, resorts face penalties for violations

The Pollution Adjudication Board (PAB) is currently hearing one hundred cases involving resorts on Boracay Island which are accused of assorted environmental violations.

Environment Undersecretary for Attached Agencies Sherwin T. Rigor disclosed in an interview that there are one hundred resorts and companies pending litigation with the PAB, including the Henann Group, which has six resorts; Kingfisher Farm; and the Seven Seas Hotel, among others. According to Rigor, if found guilty, these resorts will be dealing with “millions of pesos in penalties, as well as closure.”

The PAB is a quasi-judicial body created under Section 19 of the Executive Order No. 192 (series of 1987), which focused on the reorganization of the Department of Environment and Natural Resources (DENR). The PAB is chaired by the DENR secretary, and adjudicates reported violations of the following:

• Presidential Decree 1586 (Philippine Environmental Impact Statement System of 1978)
• Republic Act 6969 (Toxic Substances, Hazardous and Nuclear Wastes Control Act of 1990)
• RA 8749 (Philippine Clean Air Act of 1999)
• RA 9003 (Ecological Solid Waste Management Act of 2000)
• RA 9275 (Philippine Clean Water Act of 2004)

Rigor explains that they will be filing criminal cases against violators in the regular courts once the PAB comes out with its resolutions; aside from the DENR, he adds, National Bureau of Investigation (NBI) and the Department of the Interior and Local Government (DILG) will soon follow suit.

This development is despite the fact that the Hennan Resorts group earlier said that they will be finally complying with the requirements imposed by the Boracay Interagency Task Force (BIATF) in order for them to operate again on the island.

Rigor acknowledges that the Henann Group “has already taken steps to comply with our requirements. We are just waiting for its other hotels to comply.” The group has six resorts in the island, which are mostly beachfront properties:

• Henann Regency Resort & Spa
• Henann Lagoon
• Henann Garden
• Henann Prime Beach
• Henann Crystal Sands
• Henann Palm Beach

Mike Santos, general manager of Boracay Island Water Corp., the central water supplier and sewerage system on the island, said that they have already finished building sewerage treatment plants (STPs) for all of Henann properties, and are just “waiting for the go signal from the DENR for them to operate.”

Rigor explains that the STPs will still have to undergo “pretesting, if they connected these correctly, plus the operation and discharge, before they are issued a compliance [certificate].” After completion, he adds, the STPs “have to be inspected and undergo three separate tests—an effluence test, discharge test, and the operation itself.”

After compliance with the requirements of the DENR and DILG, resorts will still have to apply for accreditation with the Department of Tourism (DOT). Rigor explains that the Henann Group “can be allowed to operate while its case is still being heard by the PAB.”

Boracay Foundation head resigns

Meanwhile, the chairman of the Boracay Foundation Inc. (BFI), Henry O. Chusuey, owner and founder of the Henann Group, tendered his resignation last November 18. The BFI is one of two pioneering stakeholder groups in Boracay.

In a letter to its members, the BFI attributed Chusuey’s resignation to “his many travels abroad,” which would lead him to “not effectively perform his duties.”

BFI is scheduled to elect its new officers in July 2019. In the interim, Leonard Tirol, owner of White House Resort and a scion of the family identified as among the original landowners on the island, will be taking over as chairman.

However, separate sources in the BFI said that Chusuey did not submit any resignation letter but instead talked to the BFI Board to tender his resignation. Tirol, on his personal Facebook page, also said that Chusuey resigned due to “pressure and frustration. He didn’t want the Foundation involved.” Another source confirmed it, adding that he “wanted to spare the BFI [from embarrassment],” in reference to the fact that the Hennan Group’s resorts continue to be closed, in violation of several BIATF regulations, even as most of the BFI members have already fully complied with the government requirements.

Refunds ordered for clients of Henann Group

Subsequently, the DOT ordered the refund of guests who booked at the Henann Group’s resorts, as they have accepted bookings and payments from clients prior to the reopening of the island last October 26. Tourism Secretary Bernadette Fatima Romulo Puyat said that she herself received complaints from the guests about Henann.

“I’m now getting messages that they have already been refunded,” she said.