Getting away with murder

By Ermin Garcia Jr.

LAST week we reported the cutting of more live trees along the Manila National Road in Pozorrubio.

Reading the prescription set in the permit issued by the Department of Environment  and Natural Resources Highways’ (DENR) Regional Director –OIC Paquito Moreno Jr. to Third Engineering District OIC- Emmanuel Diaz last August 20, 2015, and knowing what happened on the ground, one cannot but suspect that there was a premeditated intent on the part of the DPWH’s contractor to hoodwink the public, believing it can get away with murder, literally the murder of the trees.

Obviously, the contractor and its co-conspirators thought that the cover presented by the DPWH permit was enough to commit the murder with nary a howl of protest from the largely uninformed residents of Pozorrubio over the cutting of the huge live trees lining up the highway.  Or so they thought, until members of the protesting environmentalist groups passed by the highway by chance, and to their horror, saw the fallen trees by the wayside where the contractor’s backhoe was operating. Fortunately, there was PDI’s Ging Cardinoza who responded quickly to the red alert and traced the initial accountability to the District Engineering Office where a copy of the permit was traced.  

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CONTRACTOR’S VIOLATIONS. What the perpetrators had hoped the media, the environmentalist groups and public would not see are the following specifications underscored in the permit:

Item 1. Only the assessed 153 dead trees and 28 dying trees with no sign of survival… shall be allowed to be cut….

Item 2. Prior to cutting operations, a signboard or placard… shall be installed at conspicuous places to inform the public that the tree cutting operations… are authorized by the DENR… indicating the name of the permittee… and number of trees to be cut.

Item 3. The permittee shall conduct meetings/public consultations with LGUs concerned, NGOs… to discuss urgency of tree cutting….

Item 6. The cutting operations shall at all times be under the strict supervision of the Regional Office and/or PENRO Pangasinan and/or CENRO Urdaneta City….

Item 7. Since the trees are located in a public place, the timber… shall be turned over to DENR at the expense of the permittee….

Clearly, the contractor in this case violated all the above-mentioned provisions because as the environmentalist groups found out, the DPWH’s contractor did not comply with any of five stipulations.

And Item 10 reads: “violation of any of the terms and conditions of permit shall be sufficient ground for its termination/cancellation, subject to due process, without prejudice to the imposition of appropriate penalties pursuant to existing regulations and the one strike policy shall apply to the DENR official/s and/or personnel.”

The question now is:  Has the DENR enforced Item 10?

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ACCOUNTABILITIES DEMANDED. Whether there was a conspiracy between the office of Engr. Diaz, R.A. Pahati Construction and Supply Inc., the contractor; the Pangasinan Environment and Natural Resources Office (PENRO) and the Urdaneta City Environment and Natural Resources Office (CENRO) will soon be determined by the court soon as the cases are filed by environmentalist groups.

Meanwhile, both the DPWH national and regional offices have kept mum over the violations committed under the watch of Engr. Diaz; and whether or not DPWH has terminated the permit on the basis of the violation of four of the 10 items stipulated in the permit.

Any attempt at cover-up by DPWH regional and district offices will inevitably blow up in the face of DPWH Sec. Rogelio Singson, a no-nonsense cabinet member who is at the forefront in the Aquino administration’s “Daang Matuwid.”  I won’t even hazard to guess his reaction if confronted with facts of violation by the contractor and inaction of his regional and district officers. He’s actually quite predictable.

Meanwhile, when we asked DENR regional office for an update about its action on the issue given the responsibilities attributed to DENR, the reply read “:… we are currently verifying data on the said issue.”

Ladies and gentlemen of DPWH and DENR, it’s been more than a week. Who is hiding what? Who is protecting who? Our people are demanding accountabilities in the name of “Daang Matuwid.”

Let’s hope the two departments can enlighten the province about the actions they have taken vis-a-vis the permit issued and accountabilities of their respective officials by next week.

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HELLO? On the continuing pollution of the Dagupan beach and the Lingayen Gulf, courtesy of the BJMP’s District Jail located at the Tondaligan Beach, many Dagupan residents are appalled at the seeming indifference of the Fernandez administration and the CENRO office whose office is located at the Tondaligan, (a few hundred meters away form the source of the pollution), for a need to act decisively with BJMP on the issue.

Even more disappointing is the continued inaction and apathy of Barangay Kapitan Rico Mejia over the years. He has not been reported to have pressed CENRO, even of late, to sanction the BJMP for its patent violation of the country’s laws on pollution, even if only to safeguard the health of his constituents. (Perhaps it’s too much to expect our barangay officials to protect and fight for the environment).

At the Dagupan Sanggunian, Councilor Jess Canto, as chairman of the committee on health told our Ding Micua three weeks ago that he will initiate an investigation on the extent of the impact of the pollution on the health of residents along Paras St., a stone’s throw from the jail. Hello?

Then, let’s hope Mayor Belen Fernandez will finally have the time to adopt her learning from the meeting on “Scaling up waste management solutions: A vision for sustainable cities and a trash-free ocean” she attended in Malacanang recently.

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WRIT OF KALIKASAN. But all is not lost if the residents around Tondalilgan cannot get any help whatsoever from any government agency or the city government.

The residents of Paras St. should already consider finding an activist lawyer who could help them file a case of Writ of Kalikasan against the BJMP before the Supreme Court.

The writ is a legal remedy under Philippine law that provides protection of one’s Constitutional right to a healthy environment, as outlined in Section 16, Article II of the Philippine Constitution, which says the “state shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

It was introduced by the Supreme Court in 2010 to deal with environmental damage of such magnitude that it threatens life, health, or property of inhabitants in two or more cities or provinces.

In filing the writ, the residents can rightfully demand for compensation for the damage to their health and environ. That could run into millions for the families!

(For your comments and reactions, please email to: punch.sunday@gmail.com)

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