Plea vs Naga tree cutting deficient

CEBU, Philippines – The Court of Appeals has noted deficiency in the petition filed by concerned citizens and a group against the cutting of trees in the City of Naga to pave way for the construction of a sports venue.

Associate Justice Marilyn Lagura-Yap of the Court of Appeals in Cebu said they found deficiency in the petition for Writ of Kalikasan filed by the some city residents and the Movement for a Livable Cebu seeking to stop the cutting of trees within the school premises of Naga City Central School.

Yap noticed that Winley dela Fuente, a concerned citizen and president of the City's Federation of Parents Teachers Associations, together with City Councilor Venci del Mar, Macaraig Canton of MLC and concerned citizens Francis Dejero and Adonis Laborte, failed to attach relevant and material pieces of evidence and affidavits of their witnesses in their petition.

Lawyer Alisha Tiu, however, asked for the appellate court's reconsideration seeking for five days to file necessary documents and to comply with the lacking requirements.

She reasoned petitioners had difficulties in securing necessary documents like permits from the Department of Environment and Natural Resources-7 allowing the cutting of trees, a City Council resolution concerning the construction and the cutting of trees, as well a tax declaration and proof that the land where the running oval will be constructed is a public land.

The Court of Appeals has earlier issued a 72-hour temporary environmental protection order to enjoin Mayor Valdemar Chiong, city environment officer Obdulla Lescano, environment undersecretary Demetrio Ignacio and DENR-7 Director Isabelo Montejo from taking actions.

In yesterday's hearing, Tiu asked the appellate court for the extension of the TEPO citing there is a need to protect the rights of the residents to a balanced and healthy ecology.

Defendants, through City Attorney Alfredo Garcia Jr., argued the petition was moot and academic since the 58 trees within the school premises were already cut down and the City of Naga has no plans of cutting more trees.

Tiu questioned the declaration of Garcia saying there were supposedly 79 trees to be cut down as approved by the DENR.

Because there are 21 remaining trees, some of which reportedly century-old, the petitioners asked for the extension of TEPO claiming there is any possibility that the remaining trees will be cut down.

Tiu said they do not trust the defendants. In fact, she said there were no environmental assessment and public consultation conducted prior to the cutting.

Tiu said the trees are located in a slope area and the cutting might affect the residents of the city and adjacent municipalities. She said they wanted to preserve the trees fearing that another typhoon Yolanda might come.

Garcia said the city government complied with the requirements for the issuance of the DENR permit. He said they are to plant 3,009 trees in lieu of the 58 trees cut.

He said the 2,000 square meters where the sports oval project of Mayor Chiong will be constructed is neither located in sloping nor mountainous area contrary to Tiu's statement. It is a flat land, he pointed out.

Yap ordered the court to issue proper resolution if the TEPO will be extended.

Separately, DENR-7 spokesman Eddie Llamed told The Freeman that they sent their lawyers to yesterday's hearing despite not receiving their official copy of the TEPO signed by lawyer Joseph Stephen Ygnacio.

Furthermore, the DENR representative also informed the CA that all the 58 trees were already cut and stressed that the 21 trees will not be removed.

Originally, 79 trees were given go signal for cutting in a special tree cutting permit by DENR to give way for the oval project.

After negotiation with local concerned citizens, these trees were reduced to 58, saving the 21.

Cutting of 58 trees started November 4 and completed November 8. —  with Jessa J. Agua