Mangrove cutting was legal, Ombudsman finds

Ombudsman Conchita Carpio Morales. INQUIRER file photo

Ombudsman prosecutors have sought to withdraw the criminal case they filed in the Sandiganbayan against former National Power Corp. (Napocor) president Cyril del Callar, Palawan projects manager Romulo Consigna and several others in connection with the cutting of mangrove trees in Puerto Princesa City in 2008.

In a manifestation filed Thursday, the Office of the Special Prosecutor (OSP) told the antigraft court that Ombudsman Conchita Carpio Morales had approved its recommendation to dismiss the case on the ground the tree-cutting was done with the proper permits and pursuant to Napocor’s job to undertake the Palawan Backbone Transmission Line Project.

The Ombudsman’s decision came after Del Callar and Consigna filed a motion for reconsideration challenging their indictment.

Aside from the Napocor officials, also cleared were Harold Laureta, Francisco Madera and Russel Ferrer of S.L. Development Construction Corp., which Napocor had hired to clear 12,000 square meters of mangroves.

They were earlier charged with violating the Fisheries Code—which penalizes the conversion of mangroves—for the cutting of 196 trees to make way for the installation of Napocor transmission lines and towers.

The OSP, however, said it found that the clearing activities undertaken in connection with the transmission line project were covered by two memorandums of agreement (MOA) with the Department of Environment and Natural Resources and were supported by permits.

The first MOA gave Napocor authority to trim or cut down any vegetation and trees inside or adjacent to the transmission line right of way to ensure the lines would be unhampered.

The second MOA provided guidelines on forestry activities within the Napocor cutting area, and tasked the DENR with inspecting the timber to be felled, among other duties.

Among the permits the Napocor received that covered several areas of Palawan were a special land use permit road right of way covering 135 hectares of public forest land, a special timber-cutting permit to cut and gather 6,056 trees along the road right of way of the transmission line project, and a special cutting permit from the Palawan Council for Sustainable Development.

The OSP said the explanation of Napocor officials that the clearing activities were conducted under the supervision of DENR personnel was never refuted by the complainant. The activities were also supported by a DENR certification.

There was also no evidence to show that the mangroves were converted to any other purpose, which is what is prohibited by law, it said. There was also no evidence to show the forest products were converted for the respondents’ own use or benefit.