LETTERS FROM THE AGNO
March Fianza
Last week, Judge
Antonio Estevez of the Baguio RTC that served as the environmental court
dismissed at least three petitions that were filed by environmentalists and
concerned groups that came as one under Project Save 182 (PS182) against
respondents DENR Sec. Ramon Paje and the SM Investments Corp. The petitions
were filed to stop SM’s plan to cut or earth-ball trees at Luneta Hill to give
way to the planned expansion of SM Baguio and a multi-level parking lot. The
decision lifted the Temporary Environmental Protection Order (TEPO) that
stopped the cutting and earth-balling of at least 182 Pine and Alnus trees. The
issue on whether the SM expansion project would “adversely impact on the city’s
environment” was raised. The honorable judge dismissed all the petitions,
saying that while he “feels” for the complainants, he is duty-bound to apply
laws based on circumstances and evidence.
In an attempt to get to the bottom of things
many months ago, I tried to secure documents filed with the DENR in relation to
issues surrounding SM. I was unsuccessful as I was told that all SM records
were “ordered” to be brought down to the DENR central office. I understood well
the act of hiding from the media SM’s records by our public officials who were
sworn in to protect our rights and protect the environment, but instead stayed
in the frontline in protecting private interests who are out to destroy what
remains of the environment. But how can Sec. Ramon Paje even interfere to stop
the cutting and earth-balling of trees at Luneta Hill which he has allowed in
the first place when he cannot stop the logging in Mindanao that has been there
since he was appointed to office? Aside from blaming the Baganga Plywood Corp.
and the logging activities in Davao Oriental that have been going on with
impunity for many years now, he equally blames the dead for not obeying the
weatherman’s warnings.
Every time death comes, government officials
“pretend” like they sympathize with the typhoon victims’ relatives. They try
hard to show the public that they too cry for the poor victims. But the DENR
has a list of logging permit holders, yet it does not raise a howl and haul
them to court. Death toll from Typhoon Pablo may still rise to 1,000. He is
partly responsible for their death. During media interviews, Paje says that
typhoon Pablo’s devastation was the effect of illegal logging and illegal
mining in the area and says further that the tragedy has shown that “we really
must stop timber harvesting especially in our natural forests.” That is easy to
say. But instead of turning words into action, it is far easier for Paje to
resign. Better yet he can use the phrase of an LGU chief who said “ay kinat du
initing” everytime he was asked about what he can do about the SM issue.
I am not so certain about how judges base
their decisions on. It may be that sometimes they close their eyes to
realities, or write decisions to favor the highest bidders or the poorest of
litigants, or base their decisions on fraternal ties, I do not know. But what I
am sure of is that feelings or sentiments for or against any party in a court
battle are completely controllable. I am also sure that if an honorable judge
decides in favor of the other party - they win, we lose. Apparently, the
honorable Judge Esteves who is seen in cockpit arenas once in a while, since he
is a cock-fighting enthusiast, believed the statements of witnesses from the
DENR and the Environmental Performance Report and Management Plan (EPRMP) who
said that “the expansion project properly addresses potential negative
consequences that may arise there from."
According to the complainants, the honorable
judge admitted that the cutting or earth-balling of said trees would indeed
have a negative effect on the environment, but he also believed that the
evidence shown by SM and its co-defendants showed that the proposal “would not
result to irreparable injury to the environment and detrimental effects to the
residents of Baguio.” My personally view is that injury to the environment is
an issue that cannot be decided in any court until such time that such injuries
are foreseeable even while its detrimental effects are immediately felt. Hence,
there was no basis to say that the proposed project would not result to
irreparable injury. Only God would know that, unless certain cockfighting
aficionados also think like God.
The dismissal of the petitions left more
questions unanswered. Certain impacts on the ecology surrounding the SM area
that I have been hearing from engineering professionals were not discussed in
court. Recently, Engr. George Wong of Baguio sent an email through my friend
Richard Valdez to confirm that there are indeed looming threats of danger to
the public during the implementation of the proposed SM expansion up to when it
becomes operational. A short term ecological impact identified by Engr. Wong is
the excavation stage for any construction especially when massive volume of
soil is to be displaced. The question of where and how the big volume of soil
to be excavated would be disposed should be answered. It was not discussed in
court. Engr. Wong asked: “Where will the soil be dumped without covering and
burying more trees and vegetation, and without endangering lives and properties
around the dumpsite?”
The other questions are: “Will the added
weight of dumped soil disturb the existing natural ground layers? Was there a
proposed disposal area? My answer to that is “there is none.” If there was, is
the area a natural water basin or waterway during rain and typhoons? Will the
dumped soil be left by truck haulers anywhere they wish to and leave the soil
to be naturally compacted in time? I am about to see a repetition of things as
this was what happened when SM first excavated Luneta Hill almost 10 years ago.
I personally know this because many of the truckers who were hired to haul soil
from Luneta Hill were friends and relatives. They just dumped their haul along
roadsides leading to towns in Benguet at night time, and residents nearby would
wake in the mornings, surprised that there vegetable garden patches below the
roads are now covered with freshly dumped soil.
Worst, the truck haulers of soil from SM were
not paid in time by the guy who was in charge of paying. I am sure that this
person, along with his wife, is partly responsible in persuading their
connections to go on with the proposed development. With glittering millions
being dangled to hauling contractors, who would not move and who would back
off? Was there a study of a proposed route from the SM excavation site to the
disposal site in order to avoid road damage due to the weight of thousands of
trips of heavily loaded dump trucks? Was there coordination by the developer
and traffic managers to avoid traffic grid lock during rush hours? Will there
be engineered structures and mechanisms to prevent landslides or mudflow caused
by the disposed soil especially on rainy days?
The middle term ecological impact will be the
immediate effect once the proposed project is completed. Engr. Wong assessed
that the middle term ecology impact would start from the time the development
is half finish up to the time the project is opened for business and beyond. A
comprehensive review of air pollution, noise pollution, water supply, drainage
and sanitation should be undertaken. Traffic management in relation to air
pollution should also be studied as motor vehicles are the major source of
particulate matters that are indirect potential human health hazards invisibly
floating in the air that are produced by the combustion of engine
By the way, allow me to refresh your memory
regarding the land ownership issue over Luneta Hill. On March 9, 2012 former
mayor Raul Yaranon made this statement:
This will refute the erroneous assertions
made in the public hearings held on February 20, 2012 and February 27, 2012
that SM is the owner of the area proposed for the SM City Baguio expansion
above Gov. Pack Road, Baguio City. The said area is owned by the Government of
the Republic of the Philippines, pursuant to ORIGINAL CERTIFICATE OF TITLE NO.
01, issued by the Land Registration Court of Baguio City way back in 1910 in
favor of the “Insular Government.”To this date, ORIGINAL CERTIFICATE OF TITLE
NO. 01, on its face, has never been the subject of any valid encumbrance,
transfer, or disposition, and remains uncancelled, and subsisting in The Office
of the Registry of Deeds, Baguio City.
We were hoping that government would not make
early decisions on this issue that is very important to residents of Baguio and
the nearby towns, and that the Luneta Hill mini forest would not fall victim to
SM’s interest and scheming individuals and organizations wanting to further
their financial greed. – marchfianza777@yahoo.com
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