BAGUIO CITY – The heirs of Tunged assailed and prayed for the reconsideration of the decision of the Regional Trial Court (RTC) Branch 5 that lifted the Temporary Environment Protection Order (TEPO) that it issued against the ongoing massive development of Sta. Lucia Realty and Development, Inc. over a contested property within the border of Baguio City and Tuba, Benguet.
In a 5-page motion for reconsideration, lawyer Noel Magalgalit, counsel for the heirs of Tunged, argued that the issuance of the order dated March 22, 2019 that lifted the TEPO issued against the developer merely on the basis of the supposed permit allegedly issued after the fact is clearly biolative and not in essence of the purpose and intent of the environmental protection order and clearly no in accordance to established and unrebutted facts.
In the said case and in the indirect contempt case filed by the heirs of Tunged, the affected parties have shown through testimonies, photographs and video clips how the developer clearly introduced improvements causing massive destruction to the environment and how the Department of Environment and Natural Resources (DENR) and its attached agencies kept mum about it.
The heirs of Tunged debunked the repeated misrepresentation and alleged twisting of facts by Sta. Lucia as they claimed that while there was an alleged special private land timber and earthballing permit reportedly issued on August 9, 2018, the same were issued after the several acts of cutting of trees that were undertaken by the developer.
On March 14, 2018, the enforcement division personnel, technical services of the DENR-CAR, Baguio City, conducted an ocular inspection and investigation in view of the information relayed by Rosita Liwan and on the said inspection, it was observed that a yellow bulldozer with body tag as ‘CAT’D3G and 468 was continuously operating the excavation and levelling of the subject land being operated by an unidentified man with armed security guard serving as his escort.
The DENR-CAR personnel also observed that as a result of the excavation activity, there were more or less 100 pieces of Benguet pine trees, several fern trees, alnus and other vegetational species were affected.
The petitioners disclosed that in fact, some of the trees roots were already exposed and destroyed and it was already verified from the Community Environment and Natural Resources Office (CENRO) Baguio City and the City Environment and Parks Management Office (CEPMO) that no cutting permit has been issued to one Aflredo Alba, to the Sta. Lucia Realty Development, Inc., to anybody in the area as supported by certifications.
Further, the petitioners argued that while a mayor’s clearance was issued to one Julius Amistad, representative of Sta. Lucia Realty Development, Inc., the same is not actually a permit, thus, it was recommended that a cease and desist order be issued and the appropriate case for violation of Section 68 of Presidential Decree (PD 705 or the Revised forestry Reform code be filed against the developer.
While the above stated facts were the recommendations of the enforcement division personnel, the heirs of Tunged expressed disappointment that no cases were filed against the alleged abusive developer for still unknown reasons.
The petitioners asserted that Sta. Lucia cannot deny the prior cutting of trees and other environmental destructions made by the corporation and its agents as it can be easily gleaned that the application of the supposed special private land timber and earthballing permit was made to cover its prior illegal acts and make it appear that all its acts of destroying and cutting of trees are covered with permits.
Moreover, the heirs of Tunged emphasized that Sta. Lucia is clearly distorting and misrepresenting facts to make it appear that their illegal acts are lawful and besides the judicial affidavit of Julius Amistad constituting his direct testimony is self-serving and without legal and factual basis.
While Amistad is an alleged pollution control officer of Sta. Lucia, the petitioners revealed that there is no proof of his employment and when his employment commenced with the corporation as allegations are not proof and not considered as evidence.
In a Memorandum of Mark Anthony Solano to the EMB-CAR regional director dated April 28, 2017, it was recommended that a notice of violation be issued to Sta. Lucia for violating the conditions of its environmental compliance certificate (ECC) but despite the recommendations of the inspectors, the letter complaint to the EMB-CAR was dismissed for alleged lack of merit.
While the DENR-CAR admitted in the said order that there were violations of the ECC by Sta. Lucia, and had issued notices of violations, the petitioners alleged that there were no followups made if said violations were remedied
“It is just surprising that despite its admission that private defendant, Sta. Lucia, actually have violations, it dismissed the complaint arising from a letter complaint from the plaintiff which was intended for the conduct of investigation for violations of ECC conditions,” the petition stressed.
By HENT
Photo lifted from “The Igorot” Facebook account, 01/20/19