Man charged for forestry law breach

CEBU, Philippines - The Naga City Prosecutor’s Office indicted a man for allegedly violating the revised Forestry Code of the Philippines.

City Prosecutor Napoleon Alburo charged Simeon Saya-ang Jr., a resident of Barangay Colon, Naga City, Cebu for allegedly directing three unknown persons to cut trees.

“Taking into consideration the evidence of both parties, the complaint has enough evidence to establish a probable cause that respondent has violated Section 77 of the Presidential Decree 705 for cutting, gathering and collecting timber or other forest products without license,” Alburo’s resolution reads.

Alburo recommended P40,000 for accused’ temporary liberty.

It was Anastacio Caballejo, Community Environment Natural Resource Officer of the Department of Environment and Natural Resources (DENR), who filed the complaint.

To support their case, Caballejo attached the joint-affidavit of Juanita Villena and Dolorico Omambac, both residents of Barangay Pangdan, Naga City.

Villena and Omambac said that on August 29, 2011, they, together with their younger brother and barangay tanods caught three persons using an ax and a chainsaw on the act of “cutting naturally grown trees” at a distance of about five meters away from where they were.

When they asked the three who ordered them to cut trees, the three answered, “Saya-ang”.

“The three cut the trees upon the instruction of Saya-ang for the latter to plant agricultural crops and they were only hired workers.”

They alleged Saya-ang was even there during the cutting of the trees and leaving the instructions to them to cut all trees.

In his counter-affidavit, Saya-ang denied the allegations filed against him. He said he was the legal owner of the agricultural land in Pangdan.

He alleged that it was not a forest land but an agricultural land classified as corn land, contrary to the statement of the complainant that the cut trees are situated inside the timberland area.

He added that the complaint filed against him was “mere fabrication and hearsay” as he did not hire laborers to cut the tree on his agricultural land.

“The complainant’s witness did not actually see him cutting the trees or see me instructing or supervising the unknown three persons cutting the trees,” he said.

Alburo ruled based on the investigation of the Forest Protection and Law Enforcement Unit (FPLEU). It was found out that 1,852 pieces of different pieces, sizes and length of trees were cut equivalent to P649,228.20.

Alburo added that the other three will be investigated after they were identified. – (FREEMAN)