The Sky Garden and Eco-Village in Brgy. San Joaquin in Palompon, Leyte. | Contributed photo
LAPU-LAPU CITY, Cebu – Palompon, Leyte Mayor Ramon Oñate may face charges for the violation of the Expanded National Protection Area System (ENIPAS) Act for allowing the operation of the Sky Garden in Brgy. San Joaquin.
This was according to a notice of violation issued by the Department of Environment and Natural Resources in Eastern Visayas (DENR-8) on August 2, 2024. The order that was addressed to Oñate was signed by Regional Executive Director Lormelyn Claudio.
The DENR-8 director has also directed Oñate to cease and desist from conducting “any further activity” at the Sky Garden and Eco-Village, a municipal eco-park that offers camping, picnic and nature-tripping to visiting tourists.
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In addition, he was given 15 days from the receipt of the order to show cause in writing “why this Office will not initiate the filing of criminal and administrative cases against you/ and or persons claiming authority under you.”
“Failure on your part to file an Answer in writing shall be a waiver on your part to be heard and this Office will act accordingly based available records and information,” Claudio said.
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Notice of violation
But Mayor Oñate told CDN Digital that he is yet to receive a copy of the notice of violation from DENR.
“Wala may notice of violation. Maghuwat pako kung naa,” Oñate said.
“Maghuwat lang ta, that’s the time mo-comment ko,” he added.
In a one-page notice of violation, Claudio said, “It has come to our attention as per report and certification signed by the CENR Officer of Ormoc that the Sky Garden in Barangay San Joaquin, Palompon, Leyte is located inside the forestland and the Palompon Watershed Forest Reserve (PWFR), an initial component under Republic Act No. 11038 otherwise known as the Expanded National Protected Area System (ENIPAS) Act.”
Claudio said that pursuant to Section 69 of Presidential Decree No.705, “any person who enters and occupies any forest land without authority under a license agreement, lease, license or permit is unlawful occupation.”
The development of a protected area without the permission of their office was a violation of the ENIPAS Act.