WT seeks ‘chance to explain’; Search on for missing trees

MAIN ACTORS. A large sign board on Serging Osmeña Road announces the temporary road closure for rehabilitation work. It identifies the project implmentors as DPWH Region 7 and WT Construction Inc. , who are both the focus of an investigation into the sudden removal of over 100 trees from center island which is almost completely demolished. (CDN PHOTO/JUNJIE MENDOZA)

“Give us a chance to exlain.”

This was the appeal of Willy Te, owner of WT Construction, who is under fire after his crew and trucks were identified as the ones that uprooted and hauled out nearly all 100 or more fire trees from the center island of Serging Osmeña Road in the past few days.

Te, who spoke on the phone yesterday with Cebu City Administrator Lucelle Mercado, said a “miscommunication” may have caused the controversy.

He didn’t mention where the trees were taken, though.

The search continues for the missing trees, most of which were planted by the Cebu city government less than 10 years ago.

Te said the removal of the trees was based on a list from the Department of Environment and Natural Resources (DENR) indicating trees that had to be removed.

“The city should look at the DENR list,” he said.

Work started last month on the P289.5 million rehabilitation of the Serging Osmeña Road. Part of the port corridor road has been closed for concreting. The center island, where the trees were planted, was demolished.

Only two trees remain standing when Cebu DAily News checked yesterday.

A DENR cease-and-desist order was served yesterday to Regional Director Ador Canlas of the Department of Public Works and Highways (DPWH), who in turn required the private contractor to explain its conduct in three days.

WT Construction has to explain why it removed the trees “when we still don’t have an earth-balling permit,” said DPWH 7 Engr. Roy dela Cruz, project manager.

Earth-balling is the process of carefully removing trees by the roots and transplanting them to grow in another site.

The DENR is preparing to file a compaint against the contractor by Monday.

“DENR will be the one to file the case for violation of existing laws. The city will support it because we planted the trees and it happened in the city,” said City Councilor Nida Cabrera, whose privilege speech on Monday exposed the sudden disappearance of at least 88 fire trees. She said persons should be held liable for the “condemnable” action.

Te, the contractor, spoke with City Hall’s administrator Mercado on the phone. Mercado later told reporters the gist of their conversation.

“Dili sakto nga dili mi hatagan ug chance to answer,” said Te was quoted as saying.

An inventory by the DENR’s Community Environment Resource Office (Cenro) said 145 trees were planted in the center island from Pier 4 to Pier 6.

In the list, 51 were recommended for cutting because these were already crooked and about to fall, posing a a danger to the public.

The cease-and-desist order signed by CENRO chief Anastacio Cabalejo directs the DPWH regional office to stop any further earth-balling work, not the road improvement itself.

Cenro issued DPWH a permit dated March 24 to implement the earth-balling of the trees with specific conditions.

However, the terms were not followed.

Cabalejo said the removal of the trees without supervision or presence of the DENR and the City Parks and Playgrounds Commission was a violation of the permit conditions.

Strangely, the DPWH 7 office insists it hasn’t received the permit yet.

“We already asked the contractor to send a formal reply to explain why they removed the trees when we still don’t have the permit,” said DPWH 7 Engr. Roy Dela Cruz, one of the project managers.

The DENR is gathering affidavits of witnesses.

A key piece of evidence would be video recordings of the city’s closed-circuit television (CCTV) cameras.

Earlier Councilor Joy Tumulak, who reviewed the footage, said the cameras recorded a red backhoe of WT Construction lifting the trees and loading them on dump trucks that went northward to Mandaue City for each trip.

The removal took place from 10 p.m. to 3 a.m. daily from March 26 to 31.

March 29 was the international celebration of Earth Day.

Cebu city government officials, including Cabrera and Vice Mayor Edgar Labella, led the ceremonial power switch-off for the global event at SM City at 8:30 p.m. that evening.

“We are very serious about this matter and we want to send a message to all that we will strictly implement the laws if only to ensure the continued protection of our environment and natural resources,” said DENR 7 Regional Executive Director Isabel Montejo in a press statement.

He said his legal division is taking a close look at what forestry laws and rules will be used in the case to be filed next week.

Branches of trees were found bundled, ready for use as firewood outside Pier 5 last April 3.
A DENR forester confiscated them, saying a sidwalk vendor admitted gathering the tree parts from trucks of the contractor. The branches came from trimming and pruning operations last March 28.

Two laws may be applied in the ongoing controversy.

Section 3 of Republic Act No. 3571 prohibits the “cutting, destroying, or injuring of planted or growing trees, flowering plants and shrubs or plants of scenic value along public roads, in plazas, parks other than national parks, school premises or in any other public ground.”

Presidential Decree No. 953 provides for a penalty of six months to two years imprisonment or a fine of P500 to P5,000, or both for uanthorized cutting of trees.

Marie Nillama, the Public Information Officer of DPWH-7 said that the cease-and-desist order should have been issued to the contractor.

But according to DENR, DPWH should be the one to answer since they were the ones who asked for a permit to earth-ball the trees in Serging Osmena Road.

Engineer dela Cruz said the agency will comply with the stop order.

“We won’t touch any of the remaining trees. We will just have to wait and comply with the requiremens,” he told Cebu Daily News.

He said this was a lesson for the contractor not to take risks like this in future phases of the project.