SPARED Magsaysay Avenue, one of many busiest streets in Naga Metropolis proven right here on Jan. 8, stays lined with bushes, spared from the tree-cutting actions permitted by the Division of Setting and Pure Sources in 2017. —Naga Metropolis Authorities Fb photograph
MANILA, Philippines — The Courtroom of Appeals (CA) denied the federal government’s enchantment to overturn a decrease courtroom’s ruling that nullified the issuance of particular tree-cutting permits (STCPs) in Naga Metropolis as they have been granted for road-widening initiatives reasonably than for public security.
The CA, in a choice dated Jan. 31, dominated that the permits violated environmental legal guidelines and held officers from the Division of Works and Highways (DPWH) and Division of Setting and Pure Sources (DENR) chargeable for the slicing of the bushes.
The CA upheld the everlasting enforcement of the momentary environmental safety order (Tepo) to safeguard the final remaining mahogany bushes in Barangay San Felipe of Naga, an unbiased part metropolis in Camarines Sur.
READ: Is slicing bushes the one method?
“The slicing of bushes is anchored on the need for public security within the development of the roads. The DENR, in [issuing] the STCPs … didn’t expressly state that the slicing of bushes was needed for public security however merely talked about Presidential Decree No. 953,” the CA mentioned, referring to the legislation requiring the planting of bushes in sure locations and penalizing unauthorized slicing, destruction, damaging and injuring of sure bushes, vegetation and vegetation.
Article continues after this commercial
Particular permits
The case dated again to March 2016, when the DPWH Camarines Sur Second District Engineering Workplace requested tree-cutting permits from the DENR for road-widening and drainage enchancment initiatives in Naga Metropolis.
Article continues after this commercial
Greater than a 12 months later, the DENR issued the STCPs, permitting the removing of 58 bushes alongside Magsaysay Avenue. This was adopted by one other allow authorizing the slicing of 25 bushes alongside Naga-Carolina-Panicuason Highway.
By June and July 2017, the DPWH and DENR had begun tree-cutting operations within the affected areas.
Null, void
Involved residents and environmental advocates opposed the slicing and filed a petition with the DPWH, the Naga Metropolis Mayor’s Workplace, and the DENR Provincial Setting and Pure Sources Workplace (Penro) to halt the operations.
After they obtained no response, they lodged a criticism with the Naga Metropolis Regional Trial Courtroom (RTC) on Aug. 4, 2017, towards the DENR and DPWH officers, looking for a Tepo.
The RTC granted the Tepo, stopping additional tree-cutting operations and, on Nov. 16, 2018, declared the tree-cutting permits null and void, as they’d been issued for road-widening reasonably than public security.
The RTC additionally held the DPWH and DENR officers liable, ordered them to pay P653,405.38 in environmental damages, and made the Tepo everlasting for the remaining mahogany bushes in Barangay San Felipe.
Upkeep
On March 15, 2019, the RTC modified its resolution, creating an Environmental Rehabilitation Committee and mandating the DPWH and DENR to conduct tree upkeep.
In denying the federal government’s enchantment, the CA famous that whereas public security was thought of, the first motive for the tree-cutting was to make method for drainage development alongside the required nationwide roads.
“This Courtroom additionally notes that the variety of bushes allowed to be reduce by the DENR was greater than what the DPWH utilized for. From an software of 53 bushes, the issued STCPs even elevated the depend to 83 bushes,” the CA mentioned within the resolution penned by Affiliate Justice Angelene Mary Quimpo-Sale.
Whereas the CA identified that it couldn’t be acknowledged that the defendants-appellants acted in dangerous religion, because the DPWH submitted all the necessities to the DENR for the STCPs and even changed every tree reduce with 100 seedlings, it discovered that the DPWH officers failed to determine that the tree-cutting was needed for public security, violating PD 953.
In an interview on Monday, DENR Bicol Director Francisco Milla Jr. mentioned they’ve only in the near past obtained a replica of the CA’s resolution.
Your subscription couldn’t be saved. Please attempt once more.
Your subscription has been profitable.
“Our workplace can be coordinating with the Workplace of the Solicitor Normal concerning the authorized steps which may be taken by our workplace [in this matter],” Milla mentioned. —with a report from Michael B. Jaucian
