A TRIAL court yesterday cleared three activists who were accused of unlawfully entering the Balili beach property in Naga City, southern Cebu.
Judge Gerardo Gestopa Jr. of the Municipal Trial Court in Cities in Naga City found no sufficient evidence against Greenpeace activists Norineal Tolibas and Christine Garnace, and private individual Amalie Obusan.
Tolibas, Garnace and Obusan were earlier charged with trespassing for entering the Balili beach property, which is owned by the Cebu provincial government.
But the judge said the prosecution’s evidence failed to prove beyond reasonable doubt any liability of the accused.
“The information does not allege that the Balili beach resort is a closed premises or a fenced estate, neither does it allege that the place is a dwelling,” Gestopa said in his ruling.
The province, represented by provincial legal officer Rose Arnado, is set to contest the court ruling.
On Dec. 1, 2009, the three accused along with some companions entered the Balili beach resort located in barangay Tinaan, Naga City.
They purportedly didn’t secure any permit from the province when they entered the lot.
The three accused admitted entering the premises of the Balili beach property, saying that the area was not totally fenced.
Guards had told them them to leave the area, but some of the respondents instead took photographs while holding banners which state: “Stop Coal” and “Greenpeace.”
They left the property only when one of the guards fired a warning shot.
The environment activists are opposing pollution caused by coal-fired power plants like the ones operating in Naga and Toledo cities.
The Balili beach property is subject to a probe by the Office of the Ombudsman.
Environmentalists found out that the property brought by the Capitol is submerged in water and planted with mangroves./Reporter ADOR VINCENT S. MAYOL