Cebu City Council probes presence of “hazardous trees” in Brgy Busay

CEBU, Philippines — While a legislator in Cebu City has questioned the presence of trees reportedly erected within a public road in Barangay Busay, the Cebu City Council has sought a study on the matter after it allegedly contributed to a recent accident that claimed one life.

The City Council has urged the Department of Engineering and Public Works (DEPW) and the Cebu City Environment and Natural Resources Office (CCENRO) to study the alleged "hazardous trees" in Barangay Busay along the stretch of the Transcentral Highway.

Last Wednesday, Councilor Pastor "Jun" Alcover, in his privilege speech brought up an incident that was reported on December 9, 2024, where a man died in a motorcycle accident in Barangay Busay.

According to Alcover, one of the reasons the man died was due to the impact when he crashed into a tree on the public road. During his presentation, Alcover showed pictures of the trees erected along the public road along the Transcentral Highway.

“Tan-awa, naa ning mga kahoy naa sa sud, di na maagi-an, gihimo nalang ganing parkingan,” said Alcover, as he pointed to the trees in the photos.

He added that although there may be contributory negligence on the part of the motorist, who reportedly overtook another vehicle on the right side, he crashed into the tree after doing so.

Alcover said that in this case, the trees could be considered road hazards.

On the other hand, Alcover acknowledged that the trees may have been part of the environmental response to serve as protection and preservation. He cited that this has been reflected in Supreme Court decisions related to the right to a balanced and healthful ecology in the constitution.

“Pero sa akong nasabtan, matag katungod adunay limitasyon,” said Alcover.

In this particular case, Alcover explained that the right to a balanced and healthful ecology may have been limited by the safety of motorists using the public roads.

Citing Department Order 116 of 2018 issued by the DPWH, Alcover quoted that tree cutting and earthballing were permitted for DPWH infrastructure projects.

“Mao akong concern nganong naa may daghan kahoy diha sulod sa dalan dira sa Barangay Busay or sa Talaman Transcentral Highway,” said Alcover.

In his rough estimate, Alcover said there are at least ten trees standing within the public road in the area. He questioned the lack of consideration when the trees were planted, as they may cause accidents for motorists traversing that stretch.

“Ang unahan gani naa nay mga tindahan kay lagi di na maagian kay naa may kahoy,” said Alcover.

The presence of the trees, Alcover added, has narrowed the public roads, reducing access for motorists.

Alcover, who chairs the Committee on Agriculture of the city council, emphasized that he is not against environmental protection but noted the need for balance when it clashes with the right to life or public safety.

During the discussion, Councilor Joel Garganera, Chairman of the Committee on Environment, clarified that the environment is about “people.” He added that the placement of the trees is not in the middle of the road.

“That is the sidewalk. Ang nahitabo lang is pareha og level ang sidewalks ug ang dalan kay og imong tan-awon ang linya nga puti, that is the extent of the width sa dalan,” he explained.

He further said that the problem lies in the overtaking of motorists, asserting that the presence of the trees is not harmful and, in fact, provides shade to the public.

“So I beg to disagree that it is part of the road, that is a sidewalk, ug sidewalk gani, dili gyud pwede moagi ang mga motorsiklo dihang dapita,” said Garganera.

Garganera, however, said that what they can do is probe those who had taken advantage of and converted the same area into parking spaces.

Councilor Joy Young highlighted that the bottom line is that motorists are not allowed to overtake on the right side, regardless of the structural design of the roads. He also said that this problem is primarily a matter of traffic enforcement that occurs in various areas.

For her part, Councilor Jocelyn Pesquera stated that these trees were specifically planted in the area to protect motorists from falling off the cliff.

While he acknowledged the insights of his colleagues, Alcover argued that he just wanted to emphasize the balance between life and environmental protection and, therefore, pushed for his resolutions, which were later approved by the council. -  ATO (CEBU NEWS)