MANILA, Philippines – The Manila City government Friday found Intramuros Administration chief Anna Maria “Bambi” Harper not liable for the cutting of several trees at Plaza Roma.

However, the city said it would press charges against the contractor.

Sr. Insp. Marcelo Reyes, of the District Special Project Unit, said the contractor, Fernando Simborio of Green Philippine Nursery Plant, would be charged on Monday with five counts of violation of Presidential Decree 953, specifically Sec. 3 that states: “Any person who cuts, destroys, damages or injures naturally growing or planted trees of any kind shall be punished with imprisonment of no less than six months and not more than two years, or a fine of not less than P500 and not more than P5,000, or with both such imprisonment and fine at the discretion of the court.”

The contractor will also be charged with 29 counts of violation of RA 9172 (Chainsaw Act) for using a chainsaw without a permit to cut the trees.

Mayor Alfredo Lim said the independent probe conducted by City Hall police found no evidence that Harper ordered Simborio to go beyond the limits set by a permit issued by the Department of Environment and Natural Resources.

Lim said he saw no wrongdoing on Harper’s part. “She’s an advocate of environmental issues. We have to give her the benefit of the doubt knowing her background.”

The mayor said Harper, former president of the Heritage Conservation Society, sought a DENR clearance before starting the project.

“She went out of her way to get the clearance from DENR. She trusted the contractor but, without her knowledge and consent, the trees were cut,” Lim added.

The mayor said the plaza fronting Manila Cathedral was “city-owned” giving authorities the right to investigate the incident.

Reyes found that Simborio’s company was awarded the contract in May for the P400,000 landscaping project.

Harper first sought a permit from DENR NCR Regional Executive Director Corazon Davis for permission “to cut some of the trees at Plaza Roma (fronting Manila Cathedral), Intramuros, Manila, and ball out/transfer other trees to various plazas/areas in Intramuros.” She assured the DENR that these would be replaced with “historically appropriate trees.”

The DENR had recommended the balling of eight narra and two mahogany trees and the cutting of 17 trees consisting of nine neem, six mangos, one jackfruit and one atis.

On Aug. 25, however, the contractor cut 29 trees. Reyes’ report said two narra trees and one mahogany tree were cut apart from two trees (Indian and fire) not covered by the permit.

The report said Green Plant “lacked expertise,” recklessly cutting the trunks with a chainsaw.

Reyes said Simborio’s wife Ligaya told him they intended to ball the narra and mahogany trees, but DENR director Ali Barry of Urban Forest Services said the “balling was inappropriately done since only the top part of the trees should have been cut, trimmed and sliced and not the trunk.”

It was also found that the operation was done on a holiday “without notice” to the IA or DENR so there was no supervision by the government agencies.