Solons call out DENR for inaction over illegal structures in Marikina watershed

Lawmakers on Wednesday called out the Department of Environment and Natural Resources (DENR) for saying it cannot demolish illegal structures in the Upper Marikina Watershed, a protected landscape, which could have contributed to the massive flooding in Metro Manila during super typhoon Carina last month.

In a hearing on Wednesday, the DENR told Marikina Representative Stella Quimbo and House Deputy Minority Leader France Castro that there are pending court cases filed by the owners of the structures.

“Madam Secretary, I understand that there are pending cases. So, ang ibig sabihin po ba nun is, hihintayin natin matapos ang mga kaso bago natin paalisin ang mga illegal structures na to. Ibig sabihin, dependent tayo on the courts to make a ruling?” Quimbo said.

(Does this mean we will have to wait for the cases to be resolved before we act on the illegal structures?  Are we dependent on the court ruling?)

“So kung yan ay abutin ng 25 years, 30 years para matapos ang kaso, kasi siyempre aabot pa sa Supreme Court ‘yan. Dahil sabi ni Congressman France, mga poderosong mga tao may-ari ng mga illegal structures na ito, eh talagang ganun katagal magiging unprotected ang areas na ito. Tama po ba yun, Madam Secretary?,” she added.

(If the cases take 25, 30 years and might even reach the Supreme Court because as Congresswoman France said, powerful people own the structures, then that would be how long the areas would remain unprotected?)

DENR Secretary Maria Antonia Yulo-Loyzaga replied, “Yes, Madam. This is why we have taken a different approach through this project.”

Quimbo retorted that the DENR should not be resigned to its fate of not having an enforcement authority to demolish structures in protected areas.

“In other words, wala po tayong enforcement powers, police powers of any sort na masasandalan. Wala tayong magagawa ngayon din po considering na ito po ay protected area at kitang kita naman po natin na talagang urgent ang action na kailangan. Nakita naman po natin iyong malawakang pagbaha na nangyari,” Quimbo said.

(So we don't have enforcement powers, police powers to depend on, given that this is a protected area and we know for a fact that urgent action is needed. We all saw the great flood.)

“Pasensiya na po kasi ako po ay taga-Marikina. Ramdam na ramdam po natin. Nangyari ang Ondoy 2009. 2024 na. It happened again, Maam,” Quimbo added.

(Please, I am from Marikina, we bore the brunt of the flood. Ondoy happened in 2009. It is 2024 now. The great flooding happened again.)

Yulo answered by saying that they have sought the House’s help in enabling the DENR to organize an enforcement unit since they “do not have that particular capacity and authority.”

“We are dependent on the courts for certain actions, Ma'am,” Yulo said.

Quimbo, in response, lamented DENR's approach. 

“So, short answer is, wala po kayong magagawa, inaasahan po natin ang mga korte. Meanwhile, hanggat ngayon po, nandyan ang illegal structures,” Quimbo said.

(So you cannot do anything and you just wait for the courts. Meanwhile, the illegal structures are still there.) 

Castro said the authorities tend to act swiftly when displacing informal settlers but could not lift a finger when it comes to moneyed individuals who have resources to go to courts.

“Inaantay natin yung court decision. Mayayaman ito, eh. Powerful ito, eh. Pero illegal sila na nandoon sa mga structure ng protected area. Ang bilis-bilis natin walisin kapag mahirap, kung ito ay ilegal na naroon sa lugar. Why the double standard?,” Castro said.

(We are waiting for the court decision. These are powerful people, but their structures are illegal and sit in a protected area.  Meanwhile, we are quick to demolish informal settlers, so why the double standards?)

DENR Undersecretary Jonas Leones said that the DENR has exhaustively studied its authority on the removal of structures, and found out that it cannot demolish them within the forest land.

“They will be filing cases against our personnel for the demolition of these structures [within forest land] so alternatively, we will be stopping them from operating the facilities but when it comes to demolition, it's sad to say that we don't have the authority to demolish. It’s only the court who can order the demolition of this illegal structure, even if it's within the forest land or protected area," Leones said.

“That really is our legal challenge, so we're looking at how we can at least stop the operation...We have issued a lot of administrative sanctions, cease and desist orders, and penalties, but when it comes to really demolishing these infrastructures, we are bereaved of that authority. That is what is in our law,” he added.—LDF, GMA Integrated News