Lower court has no say in environment cases – DENR

Don’t give them a TRO.

This was the reply of the Department of Environment and Natural Resources (DENR) 7 to the court on the petition of Argao town mayor Edsel Galleos for the issuance of a temporary restraining order (TRO) against the stop order issued by DENR on a road project in the town.

“The Honorable Court does not have the jurisdiction to issue the prayed restraining order,” the DENR said in its reply to the Regional Trial Court in Argao town.

DENR invoked three laws, including rules of procedure on environmental cases that state that only the Supreme Court can issue a TRO or injunction against “lawful actions of government agencies that enforce enviornmental laws or prevent violations.”

No TRO was issued by the judge, which required DENR and Argao municipality to comment.
Mayor Galeos yesterday led supporters in marching to the court house to file its own position on why the TRO should be granted.

Section 10, rule 2 of the Rules of Procedure for Environmental Cases is supported by Presidential Decree 605 and PD 1818.

PD 1818 says that no court in the Philippines can issue a TRO or preliminary injunction in cases involving “forest or other natural resource development project of the government,” among others.

Named respondents of the Galleos’ TRO petition were Environment Secretary Ramon Paje, DENR 7 Regional Director Isabelo Montejo, Community Environment and Natural Resources Officer (CENRO) of Argao Flordeliza Geyrozaga, and her direct supervisor Cleo Cary Colis.

Last week, Galleos went to court for a TRO on a cease and desist order issued by CENRO Argao against the town’s access road opening project, which allegedly resulted in the cutting of at least 374 trees in the area in barangay Jampang.

According to the DENR, the area is a timberland and a plantation under their National Greening Program (NGP).

This, CENRO Argao reasoned, was a violation of Executive Order No. 23 which entitles the agency to declare a moratorium on the cutting of trees in natural forests and PD No. 705.

In his petition, Galleos said the DENR or the CENRO has no authority to stop a local government unit from exercising its police power in opening roads.

“Cleary, the DENR has the right to enforce its legal mandate and may issue the necessary orders in order to protect the interest of the environment,” the DENR said.

The DENR said that the local government of Argao has abused its police power as it violated laws.
A copy of the DENR’s reply was given to Cebu Provincial Legal Officer Orvi Ortega who prepared Galleos’ petition.

Cebu Gov. Hilario Davide III earlier said he wants to meet and talk with DENR in order to “strike a balance” between development and environmental protection; a move which was also welcomed by the environment agency.

Meanwhile, Cebu city officials are scrambling to locate more than 30 trees removed for a road widening project beside the flyover in barangay Mambaling.

Arlie Gesta, administrator of the Cebu City’s Parks and Playgrounds Commission (PPC), said he will make an inventory of the trees and its locations today.

“The trees were properly earth-balled and supervised by the commission. I can’t remember the exact figures of the trees now but I’ll check on it,” Gesta told CDN.

DENR has asked the Department of Public Works and Highways (DPWH) 7 on the whereabouts of 30 narra and eight mahogany trees from the project area which were given an earth-balling permit.

A special tree cutting permit for a mango tree was also given to the DPWH given that it be replaced with 100 indigenous trees.

The permits were issued on February 28 this year.

Gesta said it took them more than a month to earth-ball the trees.

The last batch, which were four narra trees, were transferred to the Plaza Indepencia last month.

He said the DENR 7 should have asked the PPC directly for an inventory. The DPWH regional director has tasked its construction division to inspect the trees and answer the DENR’s letter.

TAGS: