Weak case vs Monterrazas sets ‘catastrophic precedent’ for upland dev’ts
Expert urges DENR to file stronger criminal charges amid tree loss, siltation, and ECC violations
CEBU CITY, Philippines — A Cebu-based environmental planner has warned that the government’s decision to charge the developer of the controversial Monterrazas project under a minor forestry provision risks setting a “catastrophic precedent” for all future upland development in Cebu.
Environmental Planner Gus Agosto, a former consultant to the Asian Development Bank, on Thursday, urged the Department of Environment and Natural Resources (DENR) to immediately upgrade the criminal case filed against the developer, saying the current charge was “legally weak” and failed to reflect the gravity of documented environmental violations.
“We cannot protect Cebu with symbolic cases. We need cases that actually stand up in court. The DENR’s current filing risks setting a precedent for impunity,” Agosto said.
READ: DENR vs. Monterrazas project: Criminal, admin cases filed over massive tree cutting
The DENR earlier filed a criminal complaint against the developer for alleged tree-cutting under Section 77 of Presidential Decree 705, or the Revised Forestry Code. The provision covers offenses such as illegal logging, unauthorized possession of timber, and tampering with forestry markings.
But Agosto said the charge was fundamentally mismatched with the scale of the violations attributed to the Monterrazas development.
‘Legal negligence that must be corrected’
Agosto said DENR’s own inspection reports confirmed 10 violations of the project’s Environmental Compliance Certificate (ECC), failures in drainage and stormwater controls, missing discharge permits required under the Clean Water Act, and site conditions that aggravated siltation and flooding during Typhoon Tino.
“DENR’s own findings confirm 10 ECC violations, failed drainage systems, and missing discharge permits under the Clean Water Act. None of these serious offenses is properly punished under the Forestry Code. This is legal negligence that must be corrected,” he said.
READ: EXPLAINER: Why is Monterrazas de Cebu project under a multi-agency probe?
Pursue proper charges
He called on both the DENR and the Cebu City Prosecutor’s Office to pursue the proper set of criminal charges based on the agency’s official findings.
According to him, the “correct and mandatory charges” include:
P.D. 1586 (Philippine Environmental Impact Statement System) — where each violation of the ECC condition constitutes a separate criminal offense
R.A. 9275 (Clean Water Act) — for unauthorized discharges, siltation, and failed detention ponds
Article 365 of the Revised Penal Code — for reckless imprudence resulting in environmental damage and community disruption
P.D. 1096 (National Building Code) — for unsafe slope modification and land development practices
“When detention ponds fail, and slopes are over-cut, the result is flooding, siltation, power outages, water interruption, and blocked roads. Even communities that did not flood still suffered — that is real harm, and it is punishable by law,” Agosto added.
Call for transparency: ‘Cebuanos deserve to know’
Agosto also demanded that DENR immediately release the full, unredacted inspection reports, including the complete list of all 10 ECC violations, technical assessments on slope stability and drainage failure, documentation on stormwater runoff, and the status of discharge permits and monitoring requirements.
He said formal requests for these documents had been sent to the Environmental Management Bureau (EMB) and Mines and Geosciences Bureau (MGB), but no responses had been provided.
“Cebuanos deserve to know the truth. The full report should be made public because environmental protection is a non-negotiable matter of public safety and disaster risk reduction,” he said.
Agosto warned that undercharging the developer not only weakens the current case, it would also embolden risky upland projects across Cebu.
“If we let one major project get away with weak charges, every risky developer will think they can gamble with our lives. This is not anti-development, this is pro-public safety. Typhoon Tino showed us that upland greed becomes lowland grief,” he said.
His final appeal: “Use the right laws. File the right cases. Let the evidence speak. Environmental accountability is non-negotiable.”
Tree loss, ECC breaches, and stormwater failures
DENR on December 3 filed criminal and administrative complaints against the developer for alleged illegal tree-cutting. The case emerged after the agency’s updated inspection found only 11 trees remaining out of 745 trees recorded in 2022.
“The company has its claim, but we have evidence that we have gathered. We have satellite imagery, and then, we have the inventory conducted in 2022,” said DENR Assistant Secretary for Legal Affairs and Enforcement Norlito Eneran.
The developer has denied cutting trees, saying only shrubs and secondary growth were cleared.
Eneran also said Monterrazas failed to comply with 10 of 33 ECC conditions, prompting administrative charges and a stoppage order. EMB earlier noted violations of both the Clean Water Act and EIS System.
Detention ponds found inadequate
Investigators also reported that several detention ponds, critical for managing stormwater, were damaged, undersized, or heavily silted, worsening surface runoff during Typhoon Tino.
According to DENR-7’s Eddie Llamedo, the developer was required to build detention ponds with a combined capacity of 18,500 cubic meters. But only 12 ponds were found on the site.
He noted that Typhoon Tino dumped 183 millimeters of rain, equivalent to nearly one million barrels of water, far beyond the site’s ability to hold.
City Hall’s parallel probe
Cebu City Mayor Nestor Archival has ordered an independent inspection of Monterrazas’ drainage systems, slope protection, and ECC compliance following complaints from affected communities in Barangay Guadalupe and nearby areas.
“There are so many complaints. That’s why we sent them to address the concerns,” Archival said.
Long history of controversy
The Monterrazas development has faced repeated halts since 2008 due to flooding and landslides.
The recent findings—tree loss, failed drainage structures, and ECC lapses—are expected to influence DENR’s final recommendations, which may include heavier penalties or additional legal action.
The agency has also expanded its probe to other upland developments after Typhoon Tino triggered widespread flooding across mountain communities in Cebu.
Disclaimer: The comments uploaded on this site do not necessarily represent or reflect the views of management and owner of Cebudailynews. We reserve the right to exclude comments that we deem to be inconsistent with our editorial standards.
