DENR sues people behind Toledo solar energy project

CEBU, Philippines - The Department of Environment and Natural Resources-7 has filed Monday a criminal complaint against the 21 members of the board of directors and key officers of three corporations, a lot owner, and a steward for cutting at least 982 naturally and planted trees in Barangay Talavera, Toledo City for a solar energy project even without permit.

The complaint was filed before the Toledo City Prosecutor’s Office.

DENR said the subjects of the complaint violated Section 77 of Presidential Decree 705 or the Revised Forestry Code of the Philippines as amended by Executive Order No. 277 and as renumbered by Republic Act 7161 in relation to Executive Order No. 23.

 Named respondents are BOD members and key officers of Sunasia Energy Incorporated, namely, Noel Cariño, chairman; Ma. Theresa Capellan, president; Cheerlyn Barrameda, treasurer; Ulysses Bautista, secretary; and Diosdado Capellan, Holger Schenk, Godofredo Jalasco, Enrique Guanio, and Marcus Joel Ramos, all based in Mandaluyong City in Manila.

Nine BOD members and key officers of Sta. Clara International Corporation are also included in the complaint, namely Nicandro Linao, president; Irma Linao, vice president-treasurer; lawyer Rio Ventura, corporate secretary; Asisclo Gonzaga, special adviser to the BOD; Carlos Hadap, executive vice president; Nobukazu Kotake, senior vice president for operations; Ulysses Bautista, vice president for business development; and Miguel Carlos Linao and Oscar Batol, also of Mandaluyong City.

Included in the charges are First Toledo Solar Energy Corporation represented by its general manager, Engineer Sammy Baybay with office address in Talavera, Toledo City; Gino Baltao of Quezon City, and Allan Navales of Hacienda Baltao, Talavera, Toledo City.

On October 28, the Community Environment and Natural Resources Office issued a Cease and Desist Order directing SEI to stop cutting the trees immediately.

A week after, however, an inspecting team from CENRO Cebu City and Environmental Management Bureau-7 noted that the operations continued.

In a statement, DENR-7 Director Isabelo Montejo said, “We will not hesitate to file the appropriate case if warranted on those individuals who desecrated our environment.”

The total volume of trees cut is approximately 2,190 cubic meters or equivalent to 928,560 board feet with an estimated cost of P18.5 million. One board foot is computed at P20.

Comment

Jason Torres, corporate social responsibility head of First Toledo Solar Energy Corp. (FTSEC), said yesterday they have yet to receive a copy of the complaint.

“We are yet to receive a copy kasi kaka-file pa lang. We cannot comment yet unless we officially received and read the said decision,” he said.

FTSEC, meanwhile, said it will fulfill all requirements stipulated in the environmental and forestry laws. 

“We assure the public that the company is serious in adhering to its commitments to promote and help in the preservation of the environment,” its official statement reads.

 The company is reportedly coordinating with DENR in line with its commitment to comply with DENR’s rules and regulations and other relevant policies related to the development of FTSEC’s 60-megawatt solar power plant in Toledo City.

 FTSEC is the holder of the project’s environmental compliance certificate (ECC) and takes full responsibility in complying with the ECC conditions. —(FREEMAN)