Finding probable cause that a crime was indeed committed when 79 fully grown trees were cut in the center island of a portion of Serging Osmeña Road may depend on the closed-circuit television recording on what happened on the night the trees disappeared.
In yesterday’s hearing, Assistant City Prosecutor Rogelio del Prado said he will ask Cebu City Councilor Dave Tumulak, head of the City Hall Command and Control Center which has custody of the footage to give him a copy of the video within five days. The footage, he added, will aid him in the preliminary investigation.
But if Tumulak won’t comply, the prosecutor said he will resolve the complaint filed by DENR against WT Construction Inc. (WTCI), based on the evidence submitted by the parties.
Turning to the DENR, Del Prado asked why they filed the case without securing the necessary substantial evidence to prove their allegations against WTCI.
NO WITNESSES
DENR-7 legal Counsel Celeste Belciña admitted that they neither have an eyewitness nor a footage to prove the allegations that the road contractor was behind the illegal cutting of 79 trees planted on the center island of Serging Osmeña St. in Cebu City. She added that they didn’t have any choice but to file the case against WTCI, having been given the mandate to safeguard the environment.
“Napugos ra man gyud ang DENR pag-file aning kasoha kay na-media man. Kami ang naduot. Kahibaw mi nga circumstantial evidence ra gyud ang amoa. (We’re actually just forced to file this case because the issue came out in the media. We got pressured. We knew all we have were circumstantial evidence),” Belciña told the prosecutor.
She said the DENR has done everything to secure a copy of the closed-circuit television (CCTV) footage showing how the trees were removed last March 30.
COURT ORDER
Tumulak in an earlier interview, said there are “protocols” to follow and that a court order is needed before they will release the footage.
WTCI was represented by lawyer Terence Fernandez and engineers Rodolfo Quiroga and Danilo dela Cruz.
In their counter-affidavit that was earlier filed before the prosecutors’ office, WTCI vehemently denied having cut the trees.
“We’re denying the allegations. But we’re not accusing anyone. It is not our duty to prove the charges,” Fernandez said.
Last April, DENR filed a case against WTCI President Irene Te, WTCI vice president Willy Te, corporate secretary Julie Te, treasurer Juanita Te, Mary Grace Te and Mary Joy Te, and project-in-charge Engr. Adolfo Quiroga for violating Section 3 of Presidential Decree 953.
The decree penalizes anyone caught cutting, destroying or damaging planted trees along public roads with imprisonment of at least six months and not more than two years and asked a fine of P500 to P5,000.
WTCI is the contractor of the rehabilitation project at the portion of S. Osmeña Road from the corner of Gen. Maxilom Avenue to the corner of Juan Luna Avenue.
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