DENR, not LGUs, holds power over forests
THERE must be clear understanding of the powers and responsibilities of local government units and the Department of Environment and Natural Resources (DENR) to avoid conflict.
Lawyer Gloria Estenzo-Ramos of the Philippine Earth Justice Center said this as she cited joint memorandum circular 98-01 of the DENR and the Department of Interior and Local Government (DILG) as the manual of procedures for inter-agency partnership on forest management functions.
“This memorandum circular has not been properly implemented here in Cebu. This is very important so that the two entities will know their respective powers and responsibilities,” Ramos told Cebu Daily News.
The DENR-7 is currently tangling with Argao Mayor Edsel Galeos who insists that the DENR-7 has no authority to stop the municipal government from opening roads.
A road project in barangay Jampang allegedly resulted in the cutting of 374 trees which the DENR said is part of the National Greening Program.
“There is a lack of understanding between the DENR and the local governments. If they were aware of the memorandum, the town mayor would have known that he can’t stop the DENR from issuing a stoppage order through the lower court, only the Supreme Court,” Ramos said.
The memorandum states that the DENR shall be the primary government agency responsible for the “conservation, management, protection, proper use and sustainable development of the country’s environment and natural resources.”
The LGU, on the other hand, shall share with the DENR the responsibility in the sustainable management and development of the forest resources within their territorial jurisdiction.
“Toward this end, the DENR and the LGUs shall endeavor to strengthen their collaboration and partnership in forest management,” the memorandum states.
Ramos welcomes the offer of Governor Hilario Davide III to discuss the Argao issue with the DENR but insists civil society organizations should also be included in the meeting as stakeholders on the issue.
“We don’t want a single tree cut down. We will be writing a letter to the governor to join in on the discussion.”
DENR-7 spokesperson Eddie Llamedo said their meeting with Davide still has no specific date.
She also suggested that the DENR pursue cases against illegal tree cutters.
“They should be liable, civil liability for the value of ecosystem services lost because of the cutting of those trees. Some people don’t value what a tree offers, like filtering air,” she added.
There are scientific computations of the price of each tree depending on age, among other factors, Ramos said, and that they can tap other organizations in computing the monetary value of trees cut down.
The DENR earlier sought the advice of some environmental lawyers regarding the issue of the trees in Argao. The agency earlier filed a complaint for abuse of authority against Galeos with the Office of the Ombudsman-Visayas.
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