Writ of Kalikasan bid for Naga trees nixed
The Court of Appeals dismissed the Writ of Kalikasan filed by environmental advocates to protect the 79 trees at Naga City Central School in southern Cebu in its ruling last December 10.
The court also “lifted and dissolved” the Temporary Environmental Protection Order (TEPO), saying 58 of these trees were already cut and thus, “there’s no longer ‘any extreme urgency’” to justify the order’s extension.
The court said the petitioners failed to comply with requirements such as furnishing a copy of their petition to the proper government agency.
The Writ of Kalikasan and petition for a TEPO were filed by Naga City Central School principal Winley dela Fuente, Naga City Councilor Venci Del Mar and Francis Dejero, Adonis Laborte and Macaraig Canton of the Movement for Livable Cebu (MLC).
They also said the petitioners lacked relevant and material evidence, like affidavits of witnesses, documentary evidence and scientific or other studies.
The court even ordered the respondents to furnish copies of the tax declaration of the area involved, the Naga City Council resolution granting authority to Mayor Val Chiong, memoranda of the Department of Environment and Natural Resources (DENR) and the special tree cutting permits.
Dela Fuente said he still needs to consult his lawyer on their next step. “To be honest I got tired and I was thinking of moving on. I respect the court’s decision,” he said.
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