MAHINAY-SAPIE LAW OFFICE

Block 11, Lot 20, Dominica St., Phase 2

Solariega Plantacion, Talomo Davao City
0906-624-8650 / 0919-863-9226
082-285-3710

ATTY. SITTI GILDA S. MAHINAY-SAPIE, MA Econ.

“Every nation has a Messenger and when their Messenger
comes everything is decided between them justly. They are not
wronged.” (Surah Yunus, 47)

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October 21, 2019

MS. SOPHIE T. MANUEL

Regional Director
Environmental Management Bureau XI
EMB-MGB Building, 3rd Avenue cor Guzman St
Davao City

SUBJECT: REQUEST TO CONDUCT INVESTIGATION ON THE DECA HOMES A

PROJECT OF 8990 HOUSING DEVELOPMENT CORPORATION
WITHOUT ENVIRONMENTAL COMPLIANCE CERTIFICATE

Dear Director Tawan-Tawan:

My client, the CLOA 103 Farmer Beneficiaries Association Brgy. Baliok, Davao City. The
8990 Housing Development Corporation owned a parcel of land which was previously
awarded to CLOA 103. Such that, the subject landholding is agricultural . To date, the
DECA Homes started to develop the area by cutting the trees without the permit and
abandoned the creek and filled it with land which resulted to uncontrolled water during
heavy rainfall. The residents suffered so much.

The Barangay Council of Baliok did not even consult the residents of the on-going
development.

Any project in the Philippines that poses a potential environmental risk or impact (such
as mining, agriculture projects, and construction) is required to secure an
Environmental Compliance Certificate (ECC) from the Department of the Environment
and Natural Resources – Environmental Management Board (DENR-EMB).

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An ECC is issued by DENR-EMB after a positive review of the project’s application. This
certificate indicates that the proposed project or undertaking will not cause a
significantly negative impact on the Philippine environment. The ECC contains specific
measures and conditions that must be met by the project proponent before and during
the operation of the project. In some cases, conditions are listed to be performed
during the project’s abandonment phase to lessen identified potential environmental
impacts. An ECC also certifies that the proponent has complied with all the
requirements of the Environmental Impact Statement (EIS) System and has committed
to implement its approved environmental management plan.

Worst, they cannot show proof that they apply for Environmental Compliance
Certificate (ECC) before the Environmental Management Bureau (EMB).

It is in this light that my client through the undersigned counsel begs your indulgence
and compassion heart to fast tract the investigation of the non-compliance of ECC and
to issue Cease and Desist Order for its operation for failure to secure ECC. If found to
have secured one, still to issue Cease and Desist Order for failure to implement its
environmental management plan.

Hope you will give favorable accommodation on this regard.

Very truly yours,

ATTY. SITTI GILDA S. MAHINAY-SAPIE, MAEconomics

Counsel for CLOA 103 Farmer Beneficiaries Association, Inc.

Copy furnished:

Hon. Roy Cimatu

Secretary
Department of Environment and Natural Resources
Visayas Avenue, Diliman Quezon City