DENR plans to contest logging case decision

CEBU, Philippines - The Department of Environment and Natural Resources will be filing a motion for reconsideration on Talisay City prosecutor's ruling on the dismissal of charges against Manipis barangay councilman Eduardo Abalo and some Isidro Silva.

Abalo and Silva, who is the PTA president, were allegedly involved in the transport of logs in connection with the illegal logging and cutting of mahogany trees in Sitio Campensa, Barangay Manipis.

Last May 27, the city prosecutor's office dismissed the charges against Abalo and Silva for lack of probable cause while the office recommended the filing of Marciano Silva for violation of Section 77 of Presidential Decree 705 otherwise known as the Revised Forestry Code of the Philippines.

"We have not received the resolution from the office of the Talisay City prosecutor but definitely, we will file a motion for reconsideration," DENR-7 spokesperson Ed Llamedo said in an interview with The Freeman.

Llamedo said that Abalo and Isidro should be included as he feels that they are part of the illegal cutting of trees in the area.

"We feel nga silang tulo part sa illegal activity. Anyway, we need to read the resolution and we will file an MR aron among supplement kung unsa ang nakuwang," Llamedo added.  

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 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 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.

The cutting of trees was done after they believed that it was hazardous and posed danger to both students and teachers after typhoon Basyang hit Cebu last February 26, 2014.

While Silva was doing a "noble act" it does not excuse him from complying permit from the concerned agency, 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. The prosecutor said that "the accused must be shown to have performed an overt act in pursuance or furtherance of the complicity." (FREEMAN)