Argao Mayor VS DENR

Tree-cutting for a road project is documented by the DENR in the mountain barangay of Jampang near Mount Binalabag, Argao town in these photos taken last March 20.

Is an access road in the mountains worth cutting down almost 400 trees?

The mayor of Argao town, Cebu is asking the court to step into a dispute with the Department of Environment and Natural Resources (DENR), which stopped him from further opening a mountain road where at least 374 trees have been cut.

Argao Mayor Edsel Galeos said the DENR has no authority to stop a municipality from using its “police power” to open a road or use its equipment on the project for the welfare of its residents.
The road project was requested by officials of barangay Jampang in 2009.

The place is so remote “children and the elderly walk three kilometers to the nearest water source na takilid.” the mayor told Cebu Daily News.

He said it was a farm-to-market road about 2 kilometers long and was 50 percent completed when the DENR’s stop order was issued.

The DENR filed a complaint against the mayor before the Visayas Ombudsman for illegal destruction of trees in violation of the Forestry Reform Code or Presidential Decree 705.

Last March 21, the DENR community environment officer of Argao issued an order stopping Argao town from continuing the road project since it falls within a timberland area and DENR’s National Greening Program (NGP) plantation in sitio Binalabag, barangay Jampang.

Mayor Galeos said he was not aware that the land was part of the greening program of the agency until this year.

“We were confused because they never said in their report that barangay Jampang is part of the NGP,” the mayor said.

Argao is the hometown of Cebu Gov. Hilario Davide III.

The civil case filed by the mayor against Environment Secretary Ramon Paje and other officials in DENR region 7 was prepared by Cebu Provincial Legal Officer Orvi Ortega, indicating it had the blessings of the Cebu governor.

The Muncipality of Argao filed a civil case for certiorari with prohibition and injunction asking the Regional Trial Court (RTC) in Argao town to lift the Cease and Desist order (CDO) issued by the DENR’s CENRO in Argao.

No temporary restraining order has been issued.
But the judge has ordered DENR officials to answer the complaint within 15 days.

The summons was issued to Secretary Paje, DENR 7 Regional Executive Director Isabelo Montejo, CENRO Argao officer Flordeliza Geyrozaga and Jose Cleo Cary Colis, Geyrozaga’s immediate supervisor.

“We will be filing our comment next week,” said DENR 7 spokesman Eddie Llamedo.
One of the issues raised by the Argao mayor is the authority of the Argao CENRO to issue a cease and desist order, which the mayor said was beyond his power.

But according to Llamedo the CENRO is authorized to issue the CDO.

“We have a one-strike policy in DENR issued by Secretary Paje. Any environment officer who could not stop the illegal cutting of trees especially within a timberland or public area will be removed. In that order, the CENRO is clothed with authority to stop or issue a CDO as may be appropriate,” Llamedo told CDN.

The road project leads to Mt. Binalabag in Argao.

According to the DENR, five laborers of Argao municipality were apprehended after cutting grown and planted trees there last March 20. The group told them the area was being developed as an eco-tourism park of Argao .

“They had been informed. There was a series of letters to the mayor about this. Despite this, they still didn’t comply,” Llamedo said.

Llamedo cited a March 3 letter from the mayor to Geyrozaga that stated:

“We are looking forward to the development of a particular area for our proposed Ecological Parks and Training Center to be located at Binalabag, barangay Jampang of which we believed is within the classified timberland areas.

“We will ensure our adherence to the existing DENR guidelines, rules and regulations and apply for a special land use plan permit or may enter into an MOA with your office,” the mayor wrote.
CENRO then replied with a list of requirements for the town.

A field inventory by the CENRO and NGP surveyor Michael Sanchez showed that a total of 374 trees were uprooted or affected by the road project.

Mayor Galeos, in an interview, said the proposed eco-tourism park has not yet materialized.
“It’s just a plan at this point. We are still consulting different stakeholders. There are no actions taken yet on the eco-park,” he said.

The mountain access road is partly funded by the barangay and the municipal government he said.

“Nasuko ang mga tao sa Jampang mao na nagpadala sila ug manifesto. Ganahan gyud sila mahuman ang dalan kay dako na ug tabang sa ilaha,” said the mayor.

(Residents of Jampang are angry, that’s why they prepared a manifesto. They want the road finished because it would be a big help to them.)

He said it was a farm-to-market road about 2 kilometers long and was 50 percent completed with the DENR’s stop order was issued.

“There’s nothing personal or political on my part. Let’s just let the court take over. I am sure the court will weigh the case well,” said Galeos, who is on his third and last term.

PD 705 sanctions any person who cuts timber from any forest land or public land without authority.

Under Section 78 destruction of forest lands shall be punished with a fine of P500 to P20,000 and a jail term of six months to two years.

If the offender is a government official or employee, he shall be automatically dismissed from office.