As far as we can determine (especially based on the documents available at the Tubbataha Reefs Natural Park website, the provisions re the applicable fines for damages to the Tubbataha Reef are as follows:
1)the “Tubbataha Reefs Natural Park (TRNP) Act of
2009" (Republic Act No. 10067)
which states:
“Section 20. Damages to the Reef.
- Damages to the reef shall subject the responsible person or entity to the
payment of administrative fines set by the TPAMB based on current valuation
standards and to the payment of the cost of restoration.”, and
2)the Tubbataha Protected Area Management Board (TPAMB) Administrative
Order No. 01 Series of 2012
which states:
“Rule 21. Damage to
the Reef. Damage to the reef shall subject the responsible person or entity to
the payment of administrative fines set by the TPAMB based on the current
valuation standards, which shall not be less than Twelve Thousand Pesos
(PhP12,000.00) per square meter. The violators shall be also liable for the
payment of the cost of restoration which shall not be less than 12,000.00
per square meter, or as may be determined by the TPAMB.” [Underline
Supplied]
Knowing these provisions and not knowing
any other legal provisions contrary or amendatory to AO No. 01 Series of 2012
above, we are perplexed by the TPAMB’s final assessment in the amount of -
“… PhP58.4 million,
USD1.5 million, in fines [payable] by the US Government. This amount is the
total of the penalties for violating Tubbataha Act (Republic Act 10067) Section
19 (Unauthorized entry), Section 20 (Damages to the reef), Section 21 (Non-
payment of conservation fees), Section 26g (Destroying, disturbing resources)
and Section 30 (Obstruction of Law Enforcement Officers).”
as well as the reported statements
of TPAMB park superintendent Angelique Songco,
to wit:
“[The fine of] $1.4
million is but a slap on the wrist … However, we respect the rule of law and
this is the fine stipulated. The Tubbataha Management Office will not ask for
anything more,” she said.”
We wonder why the TPAMB has apparently
set P12,000 as the maximum fine per
square meter when Rule 21 of AO 1 Series of 2012 does not put a maximum
limit on the fines for damages.
The area damaged has been
determined to be 2,345.67 square meters.
The reported administrative fine is
PhP28,1148,040 (or 12,000 x 2,345.67).
And because it has been reported that no more than PhP60M in fines will
be imposed, we assume that the fine for the cost
of restoration has been determined to be also PhP28,1148,040 (again, 12,000
x 2,345.67) because PhP28,1148,040 x 2 = PhP56,296,080 which is within the
total fine of USD1.5M or PhP58.4M.
The balance (PhP58.4M less
PhP56,296,080) should comprise the fines for minor violations namely, Unauthorized
entry, Non-payment of conservation fees, Destroying, disturbing resources and
Obstruction of Law Enforcement Officers. But what is the fine for arrogance? -
“Park rangers
radioed the USS
Guardian to advise it was nearing the Tubbataha Reef on Thursday,
but the ship captain radioed back telling park rangers to bring their complaint
to the US embassy, [TPAMB Superintendent Angelique] Songco told reporters on
Monday.
Songco blamed he USS Guardian for turning away park rangers who were about to follow
protocol by boarding the ship to check if it had the proper permits, but saw
the minesweeper's crewmembers were in "battle position."
Shortly after the
warning, the US ship rammed into the Tubbataha Reef, a UNESCO World Heritage
Site on the Sulu Sea about 130 kilometers south east of the western island of
Palawan.”
So, anyway, why can’t the fines
be increased pursuant to Rule 21? Why
has Rule 21 been ignored? What rule have
we missed that supersedes Rule 21?
We have thrice emailed the TPAMB
for clarification (we have no budget for a long distance call to Palawan). At least
1 month has already passed and we haven’t received even a notice that they received
our email.
We shall update this post once we
find the answers.
Now that another ship (Chinese
this time) has crashed into the reef (and damaged a bigger area), we await the imposable
fines and hope for a more detailed computation.
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