Court of Appeals questions group’s Writ of Kalikasan petition

“Haste makes waste.”

This was how a Court of Appeals (CA) justice described the petition filed by five private citizens who sought to stop the cutting of trees in Naga City Central School where a sports oval is to be built.

Justice Ricardo delos Santos, chairman of the appellate court’s 19th division, and two other associate justices pointed out the failure of the petitioners to observe the requirements in filing an environmental case.

For one, the petition filed by the environmentalists wasn’t accompanied by pertinent documents to prove their case against the Naga City Mayor Valdemar Chiong and the other respondents.

“The counsel of the petitioners admitted that they lack certain documents in the petition.

Lawyer  Alisha Tiu also acknowledged that they did not furnish a copy of the petition to the proper government agencies as required under the Rules of Procedure for Environmental Cases,” said Associate Justice Marilyn Lagura-Yap who summarized the deficiencies in the petition.

Documents
The 19th division of the CA Cebu Station yesterday heard the arguments of the parties to determine whether or not to extend the 72-hour Temporary Environmental Protection Order (TEPO) it issued last Thursday.

The TEPO barred the cutting of trees inside the Naga City Central School until further orders from the court. The order expired last  Sunday.

The division of three justices composed of delos Santos, Yap and Marie Christine Jacob submitted for resolution the petitioners’ plea to extend the TEPO.

Among those present during the hearing was Mark Canton of the Movement for Livable Cebu (MLC), one of the petitioners.

Tiu,  counsel of the petitioners, admitted that they failed to attach key documents such as   the tree-cutting permit from the DENR, the resolution of the Naga City Council about the sports oval and a tax declaration to prove that the trees are located in a public land.

Tiu asked the court to extend the TEPO.

Although Naga City already cut down  58 trees it wanted to remove, Tiu said they have to make sure that  other trees in the vicinity of the Naga City Central School are spared.

“We have to protect the remaining trees. I’m sorry, we can’t trust the respondents. We want to preserve the trees to avoid threats to nearby residents in case there will be another Yolanda,” Tiu said since city residents and neighboring municipalities will suffer the consequences.

“Are you asking this court to issue a writ of kalikasan based on speculation?,” Justice delos Santos said.

Lawyer Alfredo Garcia Jr. for  Naga City said the petition  is “moot” because the 58  trees were already cut down.

Garcia assured theat no other trees in the school will be cut.

“We don’t intend to cut trees anymore, your honor. In fact, we will be planting over 3,000 seedlings this Friday (November 21) in barangay Lutac in lieu of the 58 trees that were cut down,” he said.

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