image_pdfimage_print

Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
(R.A. 7611)
Puerto Princesa City, Palawan

PCSD RESOLUTION NO. 08-377

RESOLUTION DENYING WITHOUT PREJUDICE THE APPLICATION OF MR. AGAPITO A. SALIDO, JR. FOR THE ISSUANCE OF SEP CLEARANCE FOR ARAMAYWAN METALS DEVELOPMENT CORPORATION’S EPA-IVB-067 AND EPA-IVB-068 PENDING THE RESOLUTION OF THE SAID COMPANY’S INTRA¬CORPORATE DISPUTE

WHEREAS, R.A 7611, otherwise known as the Strategic Environmental Plan (SEP) for Palawan, took effect on 19 June 1992 section 6 of which provides that the SEP shall serve as the framework to guide the government agencies concerned in the formulation of plans, programs and projects affecting the environment and natural resources of Palawan;

WHEREAS, Section 16 of the same law provides that the governance, implementation and policy direction of the SEP shall be exercised by the Palawan Council for Sustainable Development (PCSD);

WHEREAS, Sections 7 to 11 of said Act provides for the establishment of an Environmentally Critical Areas Network (ECAN), the main strategy of SEP, which is a graded system of protection and development control over the whole of Palawan, including its tribal lands, forests, mines, agricultural areas, settlement areas, small islands, mangroves, coral reefs, seagrass beds and the surrounding sea;

WHEREAS, Section 19 of the same Act empowers the Council to formulate plans and policies as may be necessary to carry out the provisions of the SEP, as well as to adopt, amend and rescind such rule and regulations and impose penalties therefor, for the effective implementation thereof and to perform such other powers and functions as may be necessary in carrying out its functions, powers, and the provisions of the SEP law;

WHEREAS, to ensure the attainment of the ends of ECAN, the PCSD, on February 25, 2000, promulgated Adniinistrative Order No. 06, otherwise known as the Revised Guidelines in the implementation of SEP Clearance System, as amended, through which all projects of the proponents are evaluated based on ECAN Zoning of Palawan, as above-mentioned, as well as based on their ecological sustainability, social acceptability and economic viability, which Administrative Order was amended in 2002 and further revised on February 29, 2008;

WHEREAS, Agapito A. Salido, Jr., representing himself as the President/CEO of Aramaywan Metals Development Corporation, applied for the issuance of SEP Clearance of the Corporation’s EPA-IVB-067 and EPA-IVB-068, both in Narra, and submitted on July 21, 2008 Certifications from Securities and Exchange Commission regarding its Stockholders, Directors and Officers, including its Amended Articles of Incorporation, where it is shown that he is the President/Chairman of the Corporation;

WHEREAS, Cerlito G. San Juan, representing himself to be the President and Chairman of the same Corporation, sent a letter dated October 27, 2008 to PCSD Staff OIC Executive Director Romeo B. Dorado, advising the latter that Mr. Salido is not the President/CEO of Aramaywan Metals, attaching therewith SEC’s Certification and Articles of Incorporation and reiterating his list as that which represents the legal and true state of Aramaywan Metals;

WHEREAS, it appears that there are two different sets of shareholders and even officers, with all their respective documentary evidence, who are both claiming for the right over the Corporation;

WHEREAS, during the 151st PCSD Regular Meeting on November 28, 2008, this matter was brought to the attention of the PCSD, where, after a thorough deliberation, it was resolved that the issue involved is an intra-corporate dispute which is beyond PCSD’s jurisdiction;

WHEREFORE, upon motion duly seconded, the Council resolves, as it is hereby resolved, to deny, as hereby it is denied, the application of Mr. Agapito A. Salido, Jr. for the issuance of SEP Clearance for Aramaywan Metals development Corporation’s EPA-IVB-067 and EPA-IVB-068 on account of the existence of an intra-corporate dispute which is beyond PCSD’s jurisdiction and which needs to be resolved first before the SEP Clearance can be applied for;

RESOLVED FURTHER, that this denial shall be without prejudice to the re-filing of the application after the conclusive determination of the present dispute by the appropriate body, agency or court;

RESOLVED FINALLY, that copies of this Resolution be sent to Mr. Agapito A. Salido, Jr., Cerlito G. San Juan and Department of Environment and Natural Resources for their information and guidance.

******************************************************************************* I hereby certify that the above-quoted Resolution has been duly approved and adopted by the PCSD on 28th day of November 2008 at Puerto Princesa City.

 

ROMEO B. DORADO
Secretary
APPROVED:

HON. MARIO JOEL T. REYES
Chairman