Lito Atienza's Blog

DENR reform, can it be done? by Dan Mariano

THE FOLLOWING ARTICLE WAS TAKEN FROM THE OPINION SECTION OF THE MANILA TIMES DATED JULY 6, 2009:

BIG DEAL
By Dan Mariano
DENR reform, can it be done?

The country’s natural resources are there for anyone who can harness them for the nation’s good. However, the process has to be closely regulated—otherwise nothing would remain of nature’s bounty very soon.

We nearly did that to the forests that once blanketed the entire archipelago. In just decades, indiscriminate logging led to 90-percent denudation—perhaps more—of our islands. Moreover, it also enriched a handful of individuals whose main advantage was their “right connections.”

Not only did these avaricious villains ravage our forests, they have also denied the rest of the nation from ever benefiting from those resources. How they managed to do so can be attributed in large part to what some economists call the “capture” of regulating agencies.

Ironically, it was precisely because such agencies had the unquestionable power to award licenses and permits that certain influential persons and companies were able to denude our forests—as well as over fish our waters, cause environmental disaster through reckless mining, etc.

The issuance of licenses and permits has been so arbitrary and whimsical that certain strategically situated bureaucrats were able to make a bundle for themselves. All they needed to do was to make life difficult for applicants—and then arrange under-the-table deals with those willing to “come across.”

The more unreasonable the requirements and the more protracted the documentation process, the greater were the opportunities for graft. What’s worse was that those who managed to secure licenses and permits through this illicit route felt entitled to violate the very same restrictions spelled out in their licenses and permits. They felt that since they got their documents illegally anyway, what was to prevent them from exceeding the official limits to their operations? Who was going to stop them? The same bureaucrats they bribed to get their licenses and permits in the first place?

Here is one illustration of how corruption—rooted in bureaucratic inefficiency—accelerates environmental degradation. Thankfully, Secretary Lito Atienza of the Department of Environment and Natural Resources (DENR) has begun to do something about it.
At last week’s the Multisectoral Consultation on Environmental Impact Statement (EIS) System Policy Direction, Atienza candidly acknowledged the presence of crooks in the DENR.

Before dozens of business executives, government officials, leaders of nongovernmental organizations, foreign aid donors and newsmen assembled at the DENR Social Hall, Atienza spoke bluntly.

He said he has learned that applicants for, say, environmental compliance certificates (ECCs) were told by certain DENR employees that their applications were on his desk—but unsigned because “I was allegedly not at my office.” Atienza said, “You are told that they know someone who can get the applications signed but, for the right ‘considerations’ they can get the papers signed by tomorrow.” The businessmen in attendance greeted his remarks with knowing nods—and the DENR chief’s subordinates with embarrassed silence.
Several uncomfortable moments passed. After sensing that his point had sunk in, Atienza declared: “I want to put a stop to graft and corruption in the DENR in order to make the DENR and its services available to all investors and all Filipinos—and not just a few, who can bribe their way through the bureaucracy. Alam n’yo na, ‘yung SOP.”

Atienza said that he is determined to institute drastic reforms in the DENR by, among others, streamlining its operating procedures—starting with the ECCs issued to mining and forestry companies. “These changes, however, will not compromise environmental protection,” he emphasized. “In fact, they will pinpoint accountability.”

Among the reforms proposed by a DENR review panel is a policy that would reduce, Atienza said, from “six months, one year, sometimes never” to just 20 days the issuance of ECCs from the time an application is submitted and officially received.
Releasing non-coverage certificates will be made even quicker—from the current three weeks to just one day. “E hindi naman pala covered, bakit pa natin patatagalin?” he said.
“I assure investors and businessmen, both foreign and local, that the department will undertake reforms that would hasten the issuance of permits by removing unnecessary requirements that would impede their operation,” Atienza said.
“The simplification of the [ECC] procedures is not just about reducing processing time but, more important, [it aims] to strengthen accountability, improve efficiency, remove opportunities for corruption and promote transparency for sustainable development,” the DENR chief added.

Atienza’s announcement was eagerly received by the land developers, officials of mining and forestry industry associations, business groups, NGOs and representatives of international development agencies who attended the consultation.
And why shouldn’t they? Atienza, after all, is widely regarded as one of the best performing members of the Arroyo cabinet—if not the best.

Now, the hard part follows: implementation. All Filipinos of goodwill pray that the DENR and its chief succeed in this effort.

lito-atienza

lito atienza

FIGHTING RED TAPE by Fel V. Maragay

THE FOLLOWING ARTICLE WAS TAKEN FROM THE OPINION SECTION OF THE MANILA STANDARD DATED JULY 8, 2009

FIRST CRACK BY FEL V. MARAGAY

FIGHTING RED TAPE
Since the Arroyo administration launched a crackdown on bureaucratic red tape several years ago, the shortening of the processing, approval and release of environmental compliance certificates has always been on top of the list of commitments made by whoever the secretary of the Environment Department.

Whether a state agency or private company is building a power plant, factory, oil depot, dam or seaport or embarking on mining, quarrying or logging activities, it needs a compliance certificate from the department to ensure the protection of the environment, as well as the safety and health of the people living within or near the project site. In other words, without an ECC, any industrial or development project will not take off.

But a pledge to streamline and speed up the processing system is easier said than done. What is lacking is the determination and sense of urgency to put the necessary mechanism and achieve the desired change. More often than not, the officials concerned would forget about the objective soon after the Cabinet planning and goal-setting session on the anti-red tape campaign. A noteworthy objective goes awry because of the “ningas-cogon” mentality, creating false expectation that frustrates the business community and the public.

To everybody’s amazement, Environment Department Secretary Lito Atienza has resurrected the campaign to cut the red tape in handling ECC applications. He said this is in consonance with President Arroyo’s program to eliminate bureaucratic bottlenecks that block the flow of investments into the country and serve as breeding grounds for corrupt practices.

Normally, it takes a year for an ECC application to be approved, 17 weeks for mining permits and about three months for certificates of non-coverage. Atienza wants the approval of the ECC to be shortened to one month and the issuance of the non-coverage certificate to just one day. He says that the simplified procedures will not compromise his department’s primary task of protecting the environment since they will see to it that investors comply with the law.

“I assure investors and businessmen, both foreign and local, that the department will carry out reforms that would hasten the issuance of permits by removing unnecessary requirements,” Atienza told stakeholders from various sectors during a consultation meeting at the Environment Department social hall in Quezon City June 30. “The simplification of the environment compliance certificate procedures is not just about reducing the processing time, but more importantly to strengthen accountability, improve efficiency, remove opportunities for corruption and promote transparency for sustainable development.”

While the Environment Department is committed to fast-track the process, the environment czar wants owners and executives of industrial and agricultural firms to be more conscious of their responsibility in protecting and preserving the environment. He stressed that they should discard any false notion that with an ECC in their hands, they can do with their surroundings whatever they please.

The Environment Department, Atienza says, will beef up its capability and enlist the help of non-government organizations to make sure that the ECC holders will fulfill the obligations required of them by this document as far as protecting the environment is concerned. This goes without saying that those that will be caught in the act of destroying the environment and flagrantly violating the terms and conditions of the ECC will have to bear the consequences of their offense—the revocation of their ECC and other permits.

Earlier, Atienza formed a committee, chaired by Environment Management Bureau Director Julian Amador, to review and find ways to upgrade Environment Impact Assessment System, particularly in reducing the time for processing the ECC and gave it until the first week of July to submit its recommendations. The other members of the committee were Asst. Secretary Jeremias Dolino as vice chairman and Asst. Secretaries Analiza Teh, Juan Miguel Cuna and all directors of the bureaus under the Environment Department as members.

The question at the back of everybody’s mind is this: will Atienza be able to set this simplified system of ECC issuance in place and keep it working and succeed where his predecessors have failed? To be sure, his new program thrust will elicit sneers and catcalls from cynics and detractors. Perhaps they will ask why Atienza is doing this only now, about two years after taking over the helm of the Environment Department and 11 months before the exit of the Arroyo presidency?

Admittedly, an endeavor as important as shortening the ECC processing period is a bit late in coming. Maybe it’s because in the past months, Atienza had to zero in on other tasks of his department that occupied a higher rung in the totem pole of priorities. But if you go over his track record for doing things, your skepticism over his zeal and sincerity for implementing his new policy will vanish, or you will at least give him the benefit of the doubt.

For instance, the Environment Department chief launched last year a campaign to clean up and save the heavily polluted Laguna Lake, the country’s biggest fresh water lake, by demolishing the illegal fish pens and cages that block the free flow of water and deprive small, subsistence fishermen of their mean of livelihood. A huge number of these unwanted structures have been torn down. And when the demolition slowed down, he publicly censured Laguna Lake Development Authority general manager Edgar Manda for failing to resist pressures from active and retired military-police generals who own the fish pens and cages.

Atienza next set his eyes on the demolition of similar fish pens and cages in the Manila Bay off the coast of Parañaque and Cavite that contributed to the pollution of this body of water. He was more successful in this goal because the demolition was carried out fast and the attempts of the fisherfolk to rebuild the structures were effectively foiled.

In the wake of over-mining of once-rich deposits of nickel, copper, chromite and other minerals in various parts of the country and illegal exportation of mineral ores due to the proliferation and indiscriminate issuance of small mining permits, the environment chief acted quickly to stop the dangerous activities without fear or favor from anyone. He created enemies when revoked the authority of provincial governors to issue small mining and mineral ore export permits. It was only when he secured an assurance from the governors to be more circumspect in exercising such power that he rescinded his order.

Despite the inroads made by the Environment Department in performing its mandate tasks under his stewardship, why is Atienza’s confirmation still hanging at the Commission on Appointments more than two years after he was appointed to his Cabinet post? Are there complaints and objections to his appointment? You will not believe this, but do you know that the CA’s committee on environment and natural resources, chaired by Senator Jamby Madrigal, has not yet called or held any confirmation hearing on the Atienza appointment up to this day. Many are wondering why, including Senate President and committee chairman Juan Ponce Enrile. In view of this, it is wrong to say that Atienza has been repeatedly bypassed by the bicameral Commission. It is only when the concerned committee fails to endorse a Cabinet appointment after a hearing or series of hearings that the same can be considered bypassed upon the adjournment of Congress.

DENR proposes drastic changes in ECC issuance

Environment and Natural Resources Secretary Lito Atienza (center, top photo) meets with 206 delegates representing more than 100 environment-oriented non-government organizations during the second round of dialogue dubbed as “SALUGNAYAN” or SALo-salo at UGNAYan para sa KalikasAN at the Department’s Social Hall in Quezon City. Atienza asked the NGO leaders to help reinvigorate the Pasig River, Manila Bay and Laguna Lake.

Drastic changes are underway in the Department of Environment and Natural Resources’ procedures in the issuance of environmental, forestry and mining permits, in an effort to improve efficiency and eradicate corruption.

I assure investors and businessmen, both foreign and local, that the Department will undertake reforms that would hasten the issuance of permits by removing unnecessary requirements that would impede their operation.

The main reason that investors are reportedly setting their focus on other places for business opportunities is because of unreasonable and restrictive rules that accompany the environmental permitting system.

The simplification of the environmental compliance certificate (ECC) procedures is not just about reducing processing time, but more importantly, to strengthen accountability, improve efficiency, remove opportunities for corruption and promote transparency for sustainable development.

The simplification of procedures in the DENR permitting system is in consonance with President Gloria Macapagal Arroyo’s program on reducing bureaucratic requirements that blocks the flow of investment into the country.

The proposed simplification process however, will not compromise environmental protection as he stressed for strict monitoring by the DENR.

The issuance of ECCs will be reduced from six months to 20 working days to one month, while certificates of non-coverage (CNCs) will be cut down from three weeks to one day.

Local government units (LGUs) will be given greater responsibility in the determination of social acceptability aspect of the proposed projects.

The local government units, being at the forefront of development in the countryside, are more in a position to determine the acceptability of projects within their respective areas, in accordance with their land-use plan.

Present during the meeting were land developers, industry associations from mining and forestry, business groups, non-government organizations, representatives from international development agencies and media.