Everyone concerned about the fate of the rain and acacia trees and heritage houses along the national highway in Naga City, San Fernando and Carcar City heaved a of relief when it was reported that no cutting and no demolition would be done until a survey is conducted and solutions found on how to widen the south road without cutting the century-old trees and destroying the heritage houses.
Representatives of the Department of Public Works and Highways (DPWH), the Department of Environment and Natural Resources (DENR), the Provincial Engineering Office, the Cebu Provincial Tourism and Heritage Council and the concerned local government units will take part in the survey that is due to be completed by mid-April this year.
I’m keeping my fingers crossed and feel hopeful that the trees and heritage houses in southern Cebu will be saved. I do know, however, that this will not be the last time that the issue of whether or not heritage trees should be cut for the purpose of widening roads and for other projects done in the name of progress and development.
Because of an unhappy experience when my neighbors cut down trees in the compound where I lived, I put together a file on how to save trees in private land. Presidential Decree No. 705 or the Revised Forestry Code provides that any person who shall cut, gather, collect, or remove timber from private lands without any authority under a license agreement, lease, license or permit, shall be guilty of qualified theft under the Revised Penal Code. In People v. Merida (G.R. No. 158182, June 12, 2008), the Supreme Court ruled that cutting a tree in private land for timber without a permit from the DENR was punishable under this provision.
This led me to conclude that threats of jail might work to convince those who want to cut down trees to first get a permit from the DENR. Maybe the hassle of going through red tape would stop them. It also made me realize that the solution may be found in the DENR. If this agency became stricter about issuing tree-cutting permits (and prosecuting those who cut trees without permits), people would not be so casual about the issue.
DENR regulations and local ordinances might help, too. In 2009, the DENR piloted a Heritage Tree Program in the National Capital Region. Under DENR-NCR Memorandum Order No. 1, series of 2009, the program was launched “to intensify mitigating and adaptation measures to avert the effects of climate change while enhancing biodiversity in the urban forest ecosystem.” A heritage tree is defined as any healthy native or endemic, exotic, rare, threatened and endangered tree with a minimum girth of 100 cm (measured at one-half meter above the ground). The aesthetic, historical, cultural, social and educational significance of the tree will also be considered.
Under this program, trees located in both public and private areas may be nominated as Heritage Tree by groups or individuals who will serve as the tree’s adopter. If the tree is selected, the tree will be provided with a marker and the area at least 5 meters from the edge of the tree crown considered as the tree protection zone. The DENR will provide technical assistance for the care of the tree. Pruning, cutting or removing the tree as well as any work conducted near the tree will require DENR permission. Over a hundred trees have been identified as Heritage Trees under this program. I think that the program should be adopted nationwide.
That the public reacted strongly to the news that the century-old trees in Naga City, San Fernando and Carcar City would be cut assured me that there is greater awareness about the importance of these trees as heritage and their role in cleaning the air (a single mature tree can absorb 48 pounds of carbon dioxide per year, according to the DENR memo). Let’s hope that this awareness translates to more trees saved and inspire us to plant and care for new ones.
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Email: kay.malilong@gmail.com