Alleged logger faces charges in Talisay

CEBU, Philippines - Talisay City prosecutors recommended the filing of illegal logging charges against a man who allegedly cut mahogany trees in Sitio Campensa, Barangay Manipis.

Marciano Silva was charged for violation of Section 77 of Presidential Decree 705 otherwise known as the Revised Forestry Code of the Philippines.

But the Office of the Prosecutor has dismissed the charges against Manipis barangay councilman Eduardo Abalo and Isidro Silva, who is the PTA president and was allegedly, transported the logs, for lack of probable cause.

Assistant City Prosecutor Hyacinth Jadraque signed the resolution dated May 27, 2014. It was also signed by Reviewing Prosecutor Wilian Canta as recommending approval and that was approved by city prosecutor Marshall Rubia.

The complaint for "cutting, gathering, and/or collecting timber or other products without license" in violation of Presidential Decree 705 or the Forestry Reforms Code was filed before the Talisay City prosecutor's office by Provincial Environment and Natural Resources Officer (PENRO) Jose Cleo Cary F. Colis last March.

Colis alleged in his complaint that Abalo was the one who supervised the cutting; Silva, who transported the logs, and Marciano Silva, who was responsible in cutting the trees.

The complaint did not include Talisay City Mayor Johnny De los Reyes and his brother, Wilfredo, as well as four others whose names were earlier implicated in the controversy after the DENR failed to gather strong evidence against the rest.

The issue stemmed from a report lodged at the office of City Councilor Antonio Bacaltos by Leo Togonon, president of Agri-based Rural Technology on Hilly Upland Resources.

Togonon reported the illegal cutting of trees in the watershed and that he could identify three persons directly involved.

Marciano Silva admitted that  he was the one who used the chainsaw sent by City Hall in cutting mahogany trees in the Osmeña Reforestation Project in Sitio Campinsa.

According to Silva, he cut the tree as it was already hazardous and posed danger to both students and teachers after Typhoon Basyang hit Cebu last February 26, 2014.

But the prosecutor said that while Silva was doing a "noble act" it does not excuse him from complying permit from the concerned agency.

"Even if he is doing noblest act, it will not exonerate him for not complying the law. The law is very clear that you have to secure a permit to cut prior to cutting any specie required by law," the resolution read.

The prosecutor, however, was not convinced that Abalo and Isidro Silva, who were present at that time of the cutting can be held liable.

"To be held guilty as a co-principal by reason of conspiracy, the accused must be shown to have performed an overt act in pursuance or furtherance of the complicity," it reads the resolution.

The prosecutor said that the mere presence does not necessarily lead to an inference of concurrence with the criminal design.

"While we commiserate with the private complainants with their laudable gesture in protecting our environment but it is incumbent upon them to support their allegation with clarity and proof," the resolution added. (FREEMAN)