Motion for reconsideration on Siloy case against CNU dismissed
The biology research project that got graduating students and professors in Cebu Normal University in trouble was a front page story in Cebu DAily News on Oct. 17, 2014.(CDN File)
WILDLIFE officials in Region 7 plan to elevate to the Department of Justice their complaint against former biology students and teachers who dissected Black Shama birds for a research project last year.
Cebu City Prosecutor Mary Ann Castro dismissed the motion for reconsideration filed by the Protected Area and Wildlife Department (PAWD) in the criminal case against professors and former students of Cebu Normal University.
She said the motion was “technically defective” because the pleading filed by PAWD officer in charge Ariel Rica was not subscribed and sworn to before a prosecutor or government official.
She noted that the motion was verified by a notary public but it did not say why a prosecutor was not available for the task.
The birds were dissected for a research project to find out what they eat.
PAWD filed a criminal case for violation of Republic Act 9147 or the law on wildlife protection against three CNU biology graduates and their thesis adviser Edward Lawrence of the CNU Biology Department, CNU teachers Nimfa Pansit and Joezen Coralles and University of San Carlos professor Richard Parilla.
The research study was submitted as a requirement of students graduating in March 2014.
The Black Shama is a bird species that is native to Cebu. Locally called “siloy”, the song bird lives in remaining forest patches and is considered an endangered species protected by RA 9147.
PAWD filed a criminal case against the researchers on Sept. 3, 2014, saying they had violated terms in the Wildlife Gratuitous Permit which did not sanction killing of birds.
However, Prosecutor Castro said the killing of birds did not violate the national law but only the permit.
In Nov. 5, 2014, she ordered the case dismissed for lack of legal basis since DENR Regional Executive Director Isabelo Montejo approved the thesis study of the young researchers entitled “Gut content composition of Cebu Black Shama”.
DENR-7 spokesman Eddie Llamedo said the agency will file another motion for reconsideration, this time before the DOJ as soon as they receive the latest resolution.
“We will exhaust legal remedies to give justice to the ‘fallen’ Siloy birds which are a critical and endangered species, “ said Llamedo.
He said they are coordinating with their legal department for the next move.
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