Naga track project a go

CEBU, Philippines - The Court of Appeals has junked the petition for “Writ of Kalikasan” sought by those opposed to the cutting of trees for the Naga Oval Track Project.

The court also decided to dissolve the Temporary Protection Order it issued for the project.

“After thorough perusal of this case, we find that the TEPO must be dissolved and the petition be dismissed for non-compliance of requirements to file petition and for not being the proper remedy,” reads the ruling penned by Associate Justice Marilyn Yap.

The petitioners include Naga City Central School Parents Teachers Association President Winley Dela Fuente, Hon. Venci Requiroso Del Mar, Francis Amper Dejero, Adones Laborte, and Macaraig “Marc” Canton representing the civic group Movement for a Livable Cebu.

The court said the petitioners failed to furnish the concerned government agency a copy of the petition as required under Section 6, Rule 2, Part II of the Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC).

Section 6 reads, “Upon the filing of the complaint, the plaintiff is required to furnish the government or the appropriate agency, although not a party, a copy of the complaint. Proof of service upon the government or the appropriate agency shall be attached to the complaint.”

The Department of Environment and Natural Resources, one of the respondents in the petition, welcomed the court’s ruling.

“We welcome the dismissal of the petition for the issuance of a Writ of Kalikasan as we have indicated before during the hearing the petition was filed hurriedly by not even providing copy of the petition. It justifies our action based on the environmental laws, rules and regulations. We issue special tree cutting permits on the account of the mandatory requirements,” said DENR-7 spokesperson Eddie Llamedo.

The other respondents include Naga City Mayor Valdemar Chiong, city environment officer Obdulla Lescano, environment secretary Demetrio Ignacio and DENR-7 Executive Director Isabelo Montejo.

Canton said they will heed the court’s decision.

“MLC will abide with the CA’s decision and will now wait for the Naga proponets’ decision as to what the next steps will be. Besides, all 58 trees have already been cut and we were advised no other trees will be cut for the stadium,” he said.

The court granted the TEPO on November 14 after 58 trees were removed to pave way for the project. Before that, the parties in the case agreed to reduce to 58 from 79 the number of trees to be cut. — (FREEMAN)