Rei Mari Jule Padayao

Jeroshi Rudella
Lezlee Amor Escalante

LLB 2; EH 402
Environmental Law and Natural Resources

Summary
In view of its desire to establish a cement plant in Barangay Batoon, a coastal barangay in the
Municipality of Kalubihan, Universal Cement Corporation (UCC) filed a petition in the Office of the
Department of Environment and Natural Resources for an ECC or the Environmental Compliance
Certificate.
The representatives from the said corporation presented various documents to convince the Hearing
Officials regarding its good cause. UCC showed proof of compliance from ISO International Standards
ensuring and guarantying that their products and services are safe, reliable and of good quality.
Universal Cement has convinced the municipal officials to support the project as it will be generating jobs
for more than 1,000 people from the municipality and will address the unemployment problem in the said
locality. The Mayor along with the two councilors and some barangay officials conveyed their great
support on the project saying that indeed it will promote and expand the economic and social
development in their place. Some of the residents are also glad and excited for the hospital and school
promised by the corporation. They said that it will now be easy for them to send their children to school
and quick medical assistance will now be given to their families.
However, some barangay officials and coastal and mountain residents are not in favor for the said
project. They are citing environmental effects since the coastal area might be affected and as for the
mountain barangay, they are afraid of the landslides that may occur. They have cited various studies as
to the damaging and depressing effects and the project might bring to their municipality. They are
concerned about their health and the environment.
Environmental are also concerned on the environmental effects of the project. They contended that the
operation will cause health problems. They projected that later on they will be exposed to different types
of health hazards such as fume, gases and dust, which are risk factors in developing occupational
disease. They contended that Cement industry generates dust during its production. Cement dust causes
lung function impairment, chronic obstructive lung disease, restrictive lung disease, pneumoconiosis and
carcinoma of the lungs. Other studies have shown that cement dust may enter into the systemic
circulation and thereby reach the essentially all the organs of body and affects the different tissues
including heart, liver, spleen, bone, muscles and hairs and ultimately affecting their micro-structure and
physiological performance.
Religious groups and the members of Tribu Wak-wak are also worried to the possibility of disturbance the
corporation will cause to their daily activities. They are worried that time will come that they can no
longer hunt animals in the mountains for their food due to the nuisance the project will create.
Lastly, fisher folks are also against the project as they foresee a decrease in the fishery and marine
resources which would affect their livelihood. Farmers group are also not in favor contending that the
corporations waste products like mercury, cobalt, chromium and the like will greatly affect the fertility of
the soil. They are worried about the drastic effects the project will cause in the long run.
In addressing the concerns of all the oppositors, the Universal Cement Corporation guaranteed that
before it will establish a cement plant on the municipality, it will build first all the necessary facilities that
will combat the prospected hazardous substances and chemicals the project might create. They promised
to build a water treatment facility, air cleaning facility and hyrdo-electric power plant.
RECOMMENDATION:
1. The UCC should consult with the religious leaders and identify the weekly, monthly and
annual schedules of any religious activity. Operation of the cement plant should be managed
to avoid adversely affecting the said activities of the local religious sector.
2. The UCC, as an advocate, should protect the hunting grounds and natural dwelling places of
the Tribu WakWak from any activities that may negatively impact their traditional way of
living.
3. As protectors of the environment, it is only proper for the UCC employ forest rangers and
other environmental watchers to guard the forest area from any unlawful acts that are
injurious to the environment.
4. As many anti-pollution facilities are established by UCC, the local community should be
sufficiently informed of the nature of these facilities, their functions, and purpose to gain
their support.
5. The local community should have active participation in any environmental rehabilitation
program to be implemented by the UCC such as tree planting and clean-up drives. UCC
should be responsible in organizing and involving the local community in these activities.
CONCLUSION:
The Universal Cement Corporation in its new project is applying for an Environment Compliance Certificate (ECC).
Being categorized as an Environmentally Critical Project, the Universal Cement Corporation or UCC is required to
submit an Environmental Impact Statement for DENR to assess whether such application should be granted.
The identified critical areas or areas which shall be majorly and directly affected by the project of the Universal
Cement Corporation are Barangays Batoon and Barangay Bukid, both found in the Municipality of Kalubihan. And to
actualize such project, limestones shall be mined from Brgy. Bukid which caused hesitation to most of the residents
in the community with regards approval of UCCs underataking.
Based on the Public Trial conducted, the environment impact, adverse environmental effects as well as the
alternatives, short time use of resource and maintenance and enhancement of long productivity are determined. The
commitment of UCC and that of the major stakeholders, specifically the local government, were also presented. The
DENR through the Environmental Management Bureau, has presented its recommendations on how to ensure that
the holistic development of the community as well as the protection and preservation of the environment and natural
resources is upheld.
Thus, we grant the application for an ECC. However, non-compliance with the ECC conditions shall be imposed with a
corresponding penalty. Such ECC shall remain valid and active for the lifetime of the project. This expires if such
project is not implemented within five (5) years or in the absence of request for extension within three (3) months
from expiration of its validity.