Republic of the Philippines

PROVINCIAL ENVIRONMENT MANAGEMENT OFFICE

REGULATORY SERVICES DIVISION
Province of ________________
______________________________________
~o00o~

IN RE: VIOLATION OF CONDITION No. 17

ON GOVERNOR’S PERMIT IN RELATION
TO PROV. TAX ORDINANCE NO. 2017-001
XII, Sec. 77, item (ff)

__________________________
Respondent,
X ----------------------------X

POSITION PAPER

COMES NOW Respondent ________________________before this

Honorable Office respectfully submits this position paper in compliance with the
Show Cause Order dated November 10, 2020.

FACTS OF THE CASE

Respondent is a grantee of Governor’s Industrial Sand and Gravel Permit

No. ______________ issued on August 07, 2018 to extract and remove 10,000
cubic meters per annum of sand and gravel materials authorized under Provincial
Tax Ordinance No. 2001-001, Series of 2001-001 for commercial purposes from
the area situated in __________ River, Barangay ____________ City,
_______________. A copy of the Governor’s Permit is hereto attached as ANNEX
“A”.

Respondent is being held to answer to the charge that he failed to perform

one of his obligations under the Annual Environment Protection and Enhancement
Program, item No. 2.4 “access roads maintenance obligation”, which provides that
it is your responsibility to maintain the road for easier and convenient commute of
the affected communities which constitutes as a violation the condition No. 17 of
the Governor’s Permit in relation to Provincial Tax Ordinance (PTO) No. 2017-
001-XII, Sec. 77, item (ff), respectively, to wit:

“17. The permit holder shall comply with his/her obligations under the
Environmental Protection and Enhancement Program (EPEP) and Annual
EPEP including the allocation of the prescribed annual environmental
expense pursuant to Section 171 of DENR Administrative Order 96-40
(DAO 96-40);

xxx
 “ff) Violation on the part of the permit holder of any of the terms and
conditions of their Governor’s Permit;”

This emanated from the letter from the Hon. Punong Barangay
_________________ of Barangay regarding the complaint of several residents of
Purok ____________ and Purok _____________ and farm owner,
________________, for the damage to the road caused by the trucks passing
through the area from quarry site loaded with sand and gravel materials.

ISSUES

Whether or not respondent quarry owner has neglected his obligation to

maintain the access roads?

Whether or not respondent has violated the provision of his Governor’s Permit and
the Provincial Tax Ordinance?

DISCUSSION

The issue to be resolved is whether respondent has failed to perform his

obligation to maintain the road under the Environmental Protection and
Enhancement Program (EPEP) and Annual EPEP which constitutes as a violation
of the terms and conditions of the Governor’s Permit.

It could be gleaned from the order that this concern was brought to the
attention of this Office through the Punong Barangay ___________ City. Yet it
could not be determined if this situation of neglect has been persisting for a while
or has just occurred. Apparently, the complaint coincided with the heavy rains
which contributed to the deterioration of the road condition. The undersigned
permit holder has been mindful of his obligation and would not allow the road’s
condition to deteriorate further and be in an irreparable state.

Accordingly, when the Punong Barangay brought this matter to his attention,
he did not delay in attending to it. The certification of Punong
___________________ dated November 12, 2020 and the accompanying
photographs are sufficient proof that the permit holder is not remiss in his
obligation as a quarry operator. Copy of the Barangay Certification and the
Photographs are hereto attached as ANNEXES “1”, “2”, “3” & “4”.

The permit holder has preserved his pleasant relationship with the
community where he operates by contributing to their economic and social well
being. It is just unfortunate that the poor weather condition, which is an unforeseen
and uncontrollable event, hastened the road’s deterioration which the usual
maintenance work was unable to deal with.

From the foregoing, it is evident that respondent permit holder has not
neglected his obligations under the Annual environment Protection and
Enhancement Program Re: “access roads maintenance obligation”. The complaint
is an isolated incident which was brought by an unusual condition.
 PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Office that a decision be rendered finding the undersigned respondent
not is not remiss in his obligation under the Annual Environment Protection and
Enhancement Program and thus he has not violated condition No. 17 of the
Governor’s Permit in relation to Provincial Tax Ordinance No. 2017-001 XII, Sec.
77, item (ff).

Respectfully submitted, November 13, 2020, ________________

Philippines.

___________________________
Respondent