DENR anchors case on news reports, logic but no witnesses

When the Department of Environment and Natural Resources – 7 (DENR-7) filed its complaint against WT Construction last week for “illegal destruction” of at least 79 trees, the agency attached newspaper clippings about the disappearance of the trees.

There were no accounts from witnesses.

Video footage of the suspected removal from S. Osmeña Road on March 30 was not available.
The complaint relied on “logic”.

“At this point in time, we don’t have any direct witness, but considering that the area where the trees in question were found was awarded to WT Construction, Inc., represented by Willy U. Te, vice president and the Board of Directors, then, logic dictates that it should be held responsible for the disappearance of the trees,” it said.

Anastacio Cabalejo, Community Environment and Natural Resources Office (CENR) head, in his affidavit, said it was the contractor which would benefit from removing the trees, since this would hasten the completion of the road rehabilitation project.

“No one, no one would ever dare to use heavy equipment or machinery to do such things without getting advantage thereof,” he said.

Six officers of WT Construction and its project engineer in-charge Adolfo Quiroga were accused of violating Presidential Decree 953, which penalizes “unauthorized cutting and destruction” of trees, plants and vegetation.

The DENR-7 earlier wrote Cebu City Mayor Michael Rama requesting for a copy of the video footage of closed-circuit TV cameras (CCTV) of the area but the request was denied.

Aside from judicial affidavits of Cabalejo and foresters Raul Pasoc and Felimon Embalzado, Jr. the DENR-7 attached newspaper clippings of reports about the missing trees in the complaint they filed before the Cebu City Prosecutor’s Office (CPO) last Wednesday.

Councilor Dave Tumulak, who heads the Command Control Center (C3) that oversees the cameras, said in interviews that he could let the agency or other parties view the footage but would not release a copy for “security reasons” to avoid exposing the location of the cameras.

He said they can view the footage but the agency cannot obtain a copy without a court order.

Critical part

The CCTV footage of the actual removal remains a critical piece of evidence in the DENR-7’s case in the absence of a direct witness.

In an executive session of the Council last week, Councilor Margot Osmeña questioned why the footage of actual removal was not shown when it was the most critical part.

Tumulak said he wanted to “preserve” the evidence of the actual removal after the DENR-7 or the city files the case and the court requires the footage.

Councilor Alvin Dizon, who had been critical of Tumulak’s refusal to release the video, asked him if there is any national, local law, ordinance, executive order or resolution prohibiting the release of the footage to DENR-7.

Tumulak said he didn’t want to compromise public safety by disclosing the location of the cameras.

Tumulak clarified that he was not pressured by the mayor or anyone else on his stand.

He said it was his “personal discretion” as head of the command control center to release a copy of the video.

But he agreed with the City Council that a closed-door viewing of the entire footage, including dates of March 29 and 30 showing the actual removal would be held on Monday.

DENR-7, DPWH-7 and WT representatives were invited to the viewing.

During the City Council’s executive session last Monday that was attended by Pasoc, Embalzado and Engr. Roy Dela Cruz of DPWH-7, Tumulak showed clips of CCTV footage from March 25 to March 26, dates that did not show the actual removal of the trees.

The trees were noticed missing by City Councilor Nida Cabrera who gave a privilege speech condemning the sudden loss of the trees over the weekend of March 29, the celebration of Earth Hour, which fell on Saturday and March 30, a Sunday.

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