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DENR files charges vs Intramuros chief over cut trees

By TJ Burgonio
Philippine Daily Inquirer
First Posted 18:15:00 09/09/2008

Filed Under: Environmental Issues

MANILA, Philippines—Calling her negligent, the Department of Environment and Natural Resources on Tuesday filed charges against Intramuros Administrator Anna Maria “Bambi” Harper over the August 25 cutting of 29 trees in Plaza Roma in Manila.

Corazon Davis, DENR executive director in the National Capital Region, lodged charges against Harper for violation of Presidential Decree 953 with the Office of the Ombudsman.

“Harper was remiss and was grossly negligent in her obligation to see to it that the permit issued to Intramuros Administration, through her and upon her request, should have been strictly observed, to the prejudice of the government and the public,” she said in her complaint.

PD 953 penalizes the unauthorized cutting, destruction, damage and injury of trees, plants and vegetations.

The DENR had issued Harper a notice of violations over the cutting of 29 trees in Plaza Roma in front of Manila Cathedral. Harper had denied issuing orders for the tree-cutting, but apologized for it.

Davis also filed charges against Harper for violation of the Anti-Graft and Corrupt Practices Act or Republic Act 3019, and Republic Act 9175, which regulates the ownership, possession, sale and use of chainsaws.

She named contractor Fernando Simburio of the GreenPhil Plant Nursery as a co-respondent.

“Somebody has to answer for this. We'd like to send the correct signal to all that the DENR is decided to pursue our anti-pollution campaign,” Environment Secretary Lito Atienza said in an interview.

Davis alleged that Harper conspired with Simburio to cut 10 narra trees and three mahogany trees, which are all endangered, in Plaza Roma in violation of PD 953.

Apart from these, nine neem, six mango, one langka and one atis tree were also felled.

Davis said that Harper and Simburio also failed to coordinate with the Office of the Barangay 655, Zone 69, District V in Manila, as well as inform the DENR's urban forestry division on the schedule of balling and cutting of the trees.

Citing witnesses, Davis said that a chainsaw was used to cut down the trees without a permit from the Community Environment and Natural Resources Office, an act that violated the Chainsaw Act.

It was found out that the chainsaw was registered under the name of Efren Caraan of Talisay, Batangas, and could be used only in Cavite, Laguna, Batangas, Rizal and Quezon.

“Harper's act of entering into a contract with respondent Simburio caused undue injury to the government and to the public in general in blatant violation of Section 3 (e) of Republic 3019,” Davis said.

It was “very glaring” that the balling and cutting of the trees were undertaken by the contractor who lacked expertise, experience and technical knowledge on balling, which resulted in the “inappropriate balling and illegal cutting,” she added.

Meanwhile, the Manila government has filed charges against contractor Green Philippine Nursery Plants.

Fernando Simborio, 47, of Green Philippine Nursery Plants, was charged with violation of Presidential Decree 953, which penalizes a person who cuts, damages or injures a tree, at the Manila Prosecutor's Office.

Likewise, he was also charged with violation of the Chainsaw Act for using a chainsaw without a permit to cut the trees.



Copyright 2009 Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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