A recent climate change consultation attended by Cebu Governor Pam Baricuatro, Environmental Planner Gus Agosto raised compelling concerns. He is a member of the Visayas Environmental Impact Assessment (EIA) Review Committee.
Cebu experienced alarming flooding during Typhoon Tino. Agosto, who served as a former Asian Development Bank consultant, urged provincial and city authorities to re-examine how developments in steep, geohazard-prone areas are evaluated and approved. During the consultation, he highlighted two major legal issues surrounding the Monterrazas development. He warned these issues may signify a broader pattern across Cebu Province.
Two Legal Issues at the Core of the Monterrazas Controversy
1. Possible Violation of RA 10587 (Environmental Planning Act of 2013)
Agosto raised questions about the Environmental Impact Statement (EIS) and planning documents. He asked if the supporters of the Monterrazas project’s Environmental Compliance Certificate (ECC) were prepared by licensed Environmental Planners. He also wanted to know if they were signed by them, as required by Republic Act No. 10587.
He explained that environmental planning—including suitability studies, land capability assessments, and geohazard evaluations—is a regulated professional practice. Documents submitted to support an ECC must meet the standards and signatures mandated by the law.
If unlicensed individuals prepared or signed these documents, Agosto noted, the EIS would be procedurally defective. The ECC would be legally vulnerable. The locational clearance issued by the Cebu City Planning Office would be questionable.
2. Questions on Compliance with PD 705 and PD 1998 (18% Slope and Forest Land Restrictions)
The second issue concerns compliance with Presidential Decree No. 705, which classifies lands with slopes beyond 18% as forest lands, and thus not disposable or privately developable.
Cebu has a special law—PD 1998—that allows limited slope reclassification, but only under tightly defined and historical conditions:
- continuous occupation prior to May 19, 1975
- existing pre-1975 settlement or agricultural use
- maintenance of vegetation and erosion control
- land capability survey
- automatic reversion for violations
Agosto warned that Monterrazas, a modern hillside estate involving extensive cut-and-fill, does not fit the conditions required for slope reclassification. These conditions have been historically mandatory. Development in such terrain without full compliance with PD 705 and PD 1998 exposes downstream communities to heightened geohazard risks.
He stressed:
“If these upland slope restrictions were not followed in Monterrazas, there is no reason to assume compliance was strictly observed elsewhere in the province.”
Call for Provincial Oversight and Transparency
Agosto emphasized that upland development errors are transboundary. When a landslide occurs in Cebu City’s highlands, it causes flooding and sedimentation. This affects downstream barangays and even other municipalities.
He called on the Province to assert its oversight role by reviewing:
- validity of ECCs
- licensure of technical preparers
- slope classification and suitability assessments
- drainage and retention design
- compliance with national laws
Governor Baricuatro responded positively, acknowledging the gravity of the issues raised. She expressed support for a province-wide review of upland subdivision developments, covering all LGUs under Cebu Province.
This includes a systematic examination of developments’ compliance with:
- RA 10587 (Environmental Planning licensure)
- PD 705 (18% slope rule)
- PD 1998 (Cebu-specific slope provisions)
- environmental impact laws
- watershed-based coordination
Cebu’s hydrological systems are under increasing pressure. This moment may prove decisive in determining the future response to storms. They could become manageable events or lead to repeated disasters.]
Planners Must Assert Their Role in Society
At a time when environmental risks, climate pressures, and rapid urbanization converge, planners must reclaim their central role in shaping the trajectory of development. Environmental and urban planners are not mere technical consultants—they are the country’s front line in safeguarding land, water, and communities. The law recognizes this role: RA 10587 was enacted precisely because planning requires expertise, accountability, and professional judgment grounded in science. When planners remain silent or sidelined, hazardous developments proceed unchecked, upland forests are fragmented, and downstream communities pay the price. It is therefore imperative that planners—whether in government, private practice, or civil society—assert their mandate, uphold planning ethics, and insist on lawful, evidence-based land-use decisions. Doing so is not an act of opposition; it is an act of stewardship. Planners protect the public interest by ensuring that development is resilient, equitable, and aligned with the ecological limits of our islands.
Real LexEcon 