CEBU, Philippines - Three are facing charges in court for cutting two teak trees without permit from the Department of Environment and Natural Resources (DENR).
Prosecutor Floralil Albert elevated the case against Rosalia and son Fernan Galopo and Leovigildo Tagonon in court after she found probable cause to indict them to the charge.
“The defense interposed by respondents Tagonon and Rosalia to the effect that act is justified under the provisions of DENR Administrative Order No. 2004-29 (Community Based Forest Management Strategy) is an affirmative defense that only the court can resolve, particularly it involves interpretation of legal provisions,” the resolution reads.
Albert recommended bail of P12,000 for each accused. In her counter-affidavit, Rosalia admitted cutting the trees but claimed she owned them and was given permission by Tagonon, the President of the Arthur Farmers Association, Inc.
Tagonon, in his counter-affidavit, admitted that Rosalia asked permission several times to cut the two teak trees they own in Sitio Campinsa, Barangay Manipis, Talisay City so they could use the lumber to build Rosalia’s house.
“I gave my consent but reminded Rosalia not to transport or sell the lumber because it needs a permit to do so,” he said.
For his part, Fernan denied any involvement in the cutting and sawing of trees claiming he was all the time inside their house.
Albert however, said the denial and alibi of Fernan requires a full blown trial. — (FREEMAN)