CEBU, Philippines - The oval track project in Naga City, Cebu can now proceed with the dismissal of the Writ of Kalikasan (nature) by the Court of Appeals, said Department of Environment and Natural Resources Secretary Ramon Paje.
“The decision of the Court is that there are lapses in the presentation of documents by the petitioner. With the Temporary Environmental Protection Order dissolved by the Court, then the activity will continue,” said Paje in a press conference yesterday.
Paje said the project has been also issued with a special cutting permit, saying that a permit shall only be considered if it is endorsed to the Central Office.
The Court of Appeals, through Associate Justice Marilyn Yap, dissolved the TEPO and dismissed the petition for non-compliance of requirements for not being the proper remedy.
The petitioners include Naga City Central School Parents Teachers Association president Winley Dela Fuente, Venci Requiroso Del Mar, Francis Amper Dejero, Adones Laborte, and Macaraig Canton representing the civic group Movement for a Livable Cebu.
Originally, 79 trees were due for cutting but only 58, composing mahogany, agoho, nara, neem, and lomboy, were cut.Majority of the trees cut down were mahogany.
The trees were cut down to pave the way for the construction of more classrooms for the school as well as the construction of the track and field oval of the Naga City government.
On November 21, the city government planted 2,900 trees in Barangay Inayagan as a replacement to the 58 trees.
Under the conditions set by the DENR, every tree cut has to be replaced with 50 seedlings.
Meanwhile, Paje clarified that the DENR did not stop the road-widening project in Naga City to Carcar City, saying it was the Department of Public Works and Highways which withdrew the project.
“DPWH requested for the issuance of a tree cutting permit and we approved it. But DPWH deferred the road-widening project, so in effect, we withdrew the said permit. It was DPWH who withdrew the project, not us,” said Paje.
The DENR secretary further said that under Presidential Decree 953, a local government unit can cut hazardous trees.
“LGUs can cut hazardous trees such as those tilting towards an infrastructure project or in danger na matutumbahan,” he explained. (FREEMAN)