DPWH: Trees within right of way must be removed
LINGAYEN – Public Works and Highways Secretary Rogelio Singson defended the cutting of the trees along the Manila North Road (MNR) restating that trees within the right-of-way, defined as land reserved and secured to the public for highways purposes, must be removed.
In a letter to Verna Nava-Perez, secretary to the Sangguniang Panlalawigan (SP) received by the SP on Dec. 1, 2015, MR. Singson asserted that “the reason for this is that the public safety and convenience are the primordial considerations in the use of this land”.
Mr. Singson wrote Nava-Perez who sent him copy of provincial resolution “Reiterating the stance of the Sangguniang Panlalawigan in opposing further and continuing tree-cutting along the national and local roads within the province of Pangasinan”.
He assured the provincial board that DPWH “strictly addresses and complies with all the requirements of the Department of Environment and Natural Resources (DENR) in securing tree-cutting permit, pursuant to the provisions of Presidential Decrees 705 and 593.” He added his office also observes E.O. 23, series of 2011 that cites additional exemptions that such cutting is necessary when “the trees along the road poses danger to the human lives and properties as evaluated”.
Mr. Singson also pointed out that the local governments have endorsed the tree-cutting adding that “the widening of road projects, especially in constricted areas, is necessary for the socio-economic development of the country, in general particularly in Pangasinan.”
He said the DPWH sees to it that development is permitted only if mitigating measures are implemented to counter act the negative impacts on the environment.
“There should be a balance between development and putting the appropriate and effective mitigating measures or safeguards to the environment,” he said.
He added that one of the mitigating measures is the replacement or planting of 100 tree seedlings in a designated place for every tree that is cut.
During the SP’s deliberation, the position of the DPWH found an ally Monday in Board Member Alfonso Bince Jr. who vigorously objected to a proposed resolution giving authority to Governor Amado Espino Jr to seek the issuance of a temporary restraining order (TRO) and a writ of preliminary injunction to stop further tree- cutting and earth balling along the MNR.
Mr. Bince said while the SP was not remiss in its mandate to protect the environment, however, he cited Presidential Decree 1818 stating that no court in the Philippines has jurisdiction to issue TRO or injunction in cases involving infrastructure projects.
Provincial Legal Officer Geraldine Baniqued responded saying that the law has been amended by Republic Act 8975 giving power to the Supreme Court to such TRO or injunction.
“Besides the provincial government is not opposing the infrastructure project per se but only the cutting of trees,” she added.
Mr. Bince said it would already be pointless to pursue a TRO as most of the trees have already been cut.
Board Members Ranjit Shahani, Nestor Reyes and Raul Sison added their voices questioning the need to file the petition for TRO.
Baniqued said the provincial board passed three separate resolutions expressing its opposition to the tree cutting but it was repeatedly not given due course by the DPWH.
“So where do we turn to? The only recourse is through the court,” she added.
The board finally approved resolution authorizing the governor to exhaust all legal means including filing appropriate cases versus the DPWH and DENR on the tree cutting issue.
It will be recalled that a temporary environmental protection order was filed in August 2015 in a regional trial court in Urdaneta City by an environment group against any further cutting of trees along the MNR. The case remained pending with no decision yet issued by the court. (Tita Roces)
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