Court lifts environment protection order on 26 uncut trees in Naga City

A judge in Bicol has lifted the temporary environmental protection order (Tepo) on the remaining 26 uncut trees that are within a road-widening project in Naga City, as the parties agree to an amended compromise to end their four-year legal standoff.

In a consent decree issued on Dec. 16, Judge Soliman Santos of the Regional Trial Court Branch 62 approved and adopted for his final decision the compromise agreement reached by plaintiff Allan Reiz Macaraig and the Department of Public Works and Highways (DPWH). Santos earlier issued the Tepo against the DPWH to prevent the implementation of a special tree cutting permit (STCP) along the San Felipe-Panicuason Road.

Adopted

The decree adopted the deal’s provision that the DPWH “need not cut for now” 15 trees that are within the 20-meter road right of way but are outside the 15-meter width of the road project.

Among the tree species saved were agojo, santol, talisay, pine, mahogany, avocado, kakawate and mango.

The remaining 11 trees, including mango, acacia and other species, are now deemed okay for cutting to expedite the project.

New permit needed

Before the DPWH could cut down the trees, however, it must renew the STCP earlier enjoined by the court and which has now expired. The new STCP must no longer include the 15 trees that they have agreed not to cut down anymore.

Santos said the settlement “showed that there is a viable, alternative way to resolve environmental disputes with due respect and regard for, and with the fair balancing of, the interests of the concerned.”

In his decree, Santos also noted that the government might have avoided protracted litigation by anticipating significant environmental impacts, “rather than merely being reactive to these conflicts.”

“It should be clear that for the plaintiff and the other environmental advocates, the conceding of those five trees for cutting, is a sacrifice … that should not be in vain, [and] can only be justified or compensated for by the concerned government agencies giving due and serious consideration to the proposed streetscape master plan,” Santos wrote.

Environment-friendly Macaraig said he agreed to compromise after they came up with the plan with the help of a technical group of architects, environmental planners, and an arborist.

He said the new plan could pave the way for a “pedestrian and environment-friendly” four-lane road that would include drainage that would double as a bike lane and tree-strip and sidewalk on both sides.

He also said the compromise was the way to move forward with their advocacy of having green-oriented and pedestrian-friendly road designs. —REPORTS FROM KRIXIA SUBINGSUBING, REY ANTHONY OSTRIA AND MAR S. ARGUELLES