Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
Puerto Princesa City, Palawan
PCSD RESOLUTION NO. 07-346
A RESOLUTION ENJOINING THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR) TO ADVISE HOLDERS OF MINERAL PRODUCTION SHARING AGREEMENTS (MPSA) AND OTHER PERMITS AND/OR LICENSES OF ANY UNDERTAKING IN PALAWAN TO SECURE SEP CLEARANCE FROM THE PCSD
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), under the Office of the President;
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, to ensure the attainment of the ends of ECAN, the PCSD promulgated Administrative Order No. 06 or the SEP Clearance System through which all project applications are evaluated based on ECAN Zoning of Palawan, as above-mentioned, as well as based on their ecological sustainability, social acceptability and economic viability;
WHEREAS, Administrative Order No. 06 applies to all projects and undertakings to be implemented in Palawan and serves as a guide for all government instrumentalities mandated to issue permits, licenses, contracts, or agreements and other similar instruments;
WHEREAS, the PCSD Clearance System under Administrative Order No. 6 is in conformity with the Memorandum of Agreement between PCSD and DENR dated December 29, 1994 and DOJ Opinion No.90, series of 1994, recognizing the SEP Act as the primary law in the province of Palawan,;
WHEREAS, Section 12 of the said Administrative Order provides that “upon receipt of the authorization issued by the PCSD, the DENR shall either proceed with the processing of the ECC, issue a certification of non-coverage, permit, license, lease agreements or other similar instruments” and that “the DENR shall not issue an ECC without the SEP Clearance/Authorization issued by the PCSD”;
WHEREAS, there are existing MPSAs covering areas in the Province of Palawan, which were issued without the required SEP Clearance from the PCSD, which is not in accord with the spirit of the aforementioned Administrative Order;
WHEREFORE, upon motion duly seconded, the Council resolves, as it is hereby resolved, to enjoin the DENR, as it is hereby enjoined, to advise all holders of existing MPSAs and other permits and/or licenses of any undertaking in Palawan to secure SEP Clearance from the PCSD;
RESOLVED FINALLY, that copy of this resolution be furnished the DENR and the concerned MPSA or permit/license holders for information and guidance.
APPROVED AND ADOPTED this 14th day of December 2007 at Puerto Princesa City.
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I hereby certify that the above-quoted Resolution has been duly adopted and approved by the PCSD on the 14th day of December 2007 at Puerto Princesa City.
|ROMEO B. DORADO
JOEL T. REYES