Court denies Argao govt petition to lift DENR stoppage order
The Regional Trial Court denied the Argao municipal government’s petition to cancel the road project stoppage order issued by the Department of Environment and Natural Resources (DENR).
In his June 9 order, RTC Judge Maximo Perez said the DENR through the Community Environment and Natural Resources Office (CENRO) of Argao was only enforcing an environmental law.
He said only the Supreme Court can issue a Temporary Restraining Order (TRO). “As indicated in the last paragraph of the Notice to Stop, the said notice was issued in order to forestall further damage to the environment.
The DENR through the CENRO in Argao town, Cebu, intended to enforce environmental laws or endeavored to prevent any violation thereof,” Perez said in his decision.
CENRO Argao chief Flordeliza Geyrozaga issued a cease and desist order last March 21 against Argao town mayor Edsel Galeos after 374 trees were illegally cut down to pave the way for the town’s road project within a timberland area in barangay Jampang.
The area is a plantation of DENR 7’s National Greening Program (NGP).The court upheld section 77 of Presidential Decree 705, as cited in the CENRO’s stoppage order.
The provision makes it illegal to cut timber in alienable or disposable public land or in private land without any authority or legal documents. Perez also said section 10 of Supreme Court Administrative Matter No. 09-6-8-C which stated that only the Supreme Court can issue a TRO or writ of preliminary injunction against lawful actions of government agencies that enforce environmental laws or prevent its violation.
“Significantly, these rules don’t provide any exception to empower the RTC to issue a temporary restraining order or writ of preliminary injunction,” Perez said.
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