Fiscal junks tree-cutting case in Toledo solar farm

Over 900 trees were illegally cut in this Toledo City property, which will be developed into a solar farm by Sun Asia Energy Inc. (CONTRIBUTED PHOTO)

FOR lack of sufficient evidence, the Toledo City Prosecutor’s Office has ordered the dismissal of the complaint filed against companies that cut down 900 trees to pave the way for a solar power project in barangay Talavera, Toledo City, about 50 km west of this city.

City Prosecutor Raul Cesar Bajarias said in his resolution that the Department of Environment and Natural Resources (DENR) failed to identify in their complaint the persons responsible for cutting the trees.

“A complainant that fails to mention how a particular crime was committed has the effect disregarding and depriving the rights of the respondents to be informed of the nature and cause of the accusation against them. For a complaint to be sufficient, it must contain specific allegation necessary to constitute the crime charged,” the resolution dated January 11 stated.

DENR spokesperson Eddie Llamedo said they were preparing to file a motion for reconsideration of Bajarias’ order.

He said Isabelo Montejo, DENR Central Visayas director, ordered lawyer Fernando Albera, head of their legal division, “to exhaust all the legal processes available to them to pursue and assert our case.”

“We will not be swayed by this development and work instead for the sake of our environment and natural resources,” Llamedo said.

In his resolution, Bajarias said the judicial affidavits submitted by DENR do not clearly indicate who illegally cut the trees.

“It’s as if the complainants are still investigating the incident because if complainants were certain, they would have named who these individuals were in their Judicial Affidavits,” he said.

Bajarias also said that the claims of Engr. Edgar Tiamzon, project engineer of Santa Clara International Corp., and Engr. Jose Enrique Tolentino, project engineer of First Toledo Solar Energy Corp., that the environment compliance certificate (ECC) issued by DENR is already tantamount to a permit to cut trees inside the area does not mention the participation of the rest of the respondents.

The two project managers, according to Bajarias, could not be charged for their admission since their claims are “purely hearsay and not accepted under the hearsay rule and thus have no probative value”.

Bajarias said DENR could have secured the sworn statement of the individual, who informed Raul Pasoc, community environment and natural resources officer (CENRO) in Cebu City, as he is an eyewitness to the incident. He may also know somebody who saw the trees being cut.

DENR filed charges against officials of Sun Asia Energy Inc. (SAEI), Santa Clara International Corp., First Toledo Solar Energy Corp. and lot owner Gino Baltao for cutting down 982 trees without a permit from the environment agency.