Council admits it can’t stop ‘massacre’ of 200 trees: Court urged to issue TRO to stop SM Baguio proj

BAGUIO CITY – The city council committee studying the SM Baguio expansion project ruled the body has no authority to stop the giant firm’s plan to “earthball” 182 trees.

This, even as environmentalists termed uprooting of the trees a “massacre” urging a local court here last week to issue a temporary restraining order to stop the project.

The court has still to study the matter and will issue a ruling in a few days, said Sheryl Daytec-Yangot, lawyer of concerned residents and environmentalists opposed to the project.

SM reportedly started marking the trees to be earthballed with security guards heavily guarding the area.

The committee on health, sanitation and environment headed by Councilor ErdolfoBalajadia however asked SM Baguio to consider redesigning its expansion project to reduce the number of trees to be affected by the project.

In a committee recommendation discussed by the council Monday, the committee suggested the creation of a multi-sectoral committee to monitor implementation of the SM expansion project and ensure that it is complying with the company’s development commitments.

The body last Monday failed to act on the committee recommendation as it decided to adjourn early after some members figured in a heated exchange while discussing the committee report.

In its report, the committee said the city council “is not the proper body to rule” on the clamor “to stop the plan of SM Baguio to cut and earth-ball 182 trees for reasons varying from environmental and health concerns to even cultural concerns (as well as) the issue of ownership over the property…”

“Otherwise, it would be arrogating unto itself power that does not belong to it,” the committee said noting that the authority to cancel tree-cutting and earth-balling permit rests with the Dept. of Environment and Natural Resources, building permit with the city building and architecture office and the resolution of the land ownership issues is within the province of the courts.

The body said a committee composed of government and non-government agencies should be created to serve as “watchdog” for SM expansion project.

The committee was proposed to assume the following functions:

*to ensure that SM Baguio complies with its commitment to hire experts to monitor the viability of earth-balling of trees;
*ensure that SM Baguio complies with its promise to plant 50 saplings for every tree that would be earth-balled;
*ensure that SM Baguio complies with its commitment to help in the planting of trees in the watersheds and forest reserves of the city;
*ensure that SM Baguio complies with all the conditions indicated in the permits granted to it, and to recommend the suspension and/or revocation of the said permits in case of violations of the terms thereon; and
*ensure that SM Baguio complies with its commitment that its expansion and redevelopment project be environment-friendly.

The committee also recommended that the company first secure a permit from the Local Water Utilities Administration for its rainwater harvesting facility.

“In the alternative, the August Body hereby proposed to SM Baguio to consider re-designing its expansion project to reduce earth-balling of trees within the premises,” the body noted.

The committee report came after the body conducted public consultations on SM’s redevelopment and the planned earth-balling of trees which drew widespread opposition. – With a report from Aileen P. Refuerzo