DENR nixes dismissal of Mt Pulag case in 24 hours

SC rule eyed over ‘sacred mountain’ 

LA TRINIDAD, Benguet — The unusually swift dismissal of cases filed on the destruction of Mount Pulag has made the environment department decide to elevate the matter up to the Supreme Court.

Cordillera Director Ralph Pablo of the Department of Environment and Natural resources said he was disappointed over the Benguet Prosecutors Office's dismissal of the case for destruction of the "sacred mountain" only within 24 hours.

Pablo questioned the unusually swift decision of Assistant Prosecutor Sheryl Anne Paoad-Cabantac.

The dismissal was subsequently approved by Deputy Provincial Prosecutor Andres Gondayao.

Last week, personnel of the Kabayan-based Mt. Pulag National Park of the DENR caught Eva Palad–Og, Celia Lamsis and SinaTaynan while clearing portions of the mountain.

Clint Tayab, Park Management Officer Emerita Albas, Abelardo Yaptan, Ariston Libag and Noel Teres sued the alleged violators on July 20, after turning over the suspects to Bokod town police.

Assistant Prosecutor Paoad-Cabantac junked the case a day after for alleged lack of probable cause.

She said the alleged destruction of forest land is part of the "kaingin system" which is primarily defined and penalized by Presidential Decree 705.

The state prosecutors claimed they found "so unfair and violative of the spirit of the law for the respondents to be charged for destruction of the forest land while the person who is gaining financially from the lease of the land goes scot-free."

The remedy of the lot owner would be to look for other interested lessees to rent the land and it would become a vicious cycle, the prosecutors said.

There is no clear cut demarcation on the ground showing the metes and bounds of the Mt. Pulag National Park, the ruling of the prosecutors also said.

Hence" it cannot determine from the records when the alleged occupation was considering the areas have always been a garden from the start."

The three respondents claimed they were merely hired by a certain Daniel Lasbacan of Babadak, Bokod to clear the area for vegetation purposes for a contract price of P3,000. 

The respondents were on their fourth day in the area when they were caught by the DENR.

Lasbacan reportedly is the actual gardener who hired the respondents. They explained that Lasbacan rented the land from Aprilo Guinran, whose family is claiming ownership of the area.

Since last year, however, the DENR has announced the completion of the delineation of Mt. Pulag making available its technical descriptions of areas as exact boundaries.

The Mt. Pulag National Park straddles Buguias and Bokod in Benguet, Tinoc in Ifugao and Kayapa in Nueva Vizcaya. About 80 percent of its land area, however, falls within Kabayan, Benguet. It covers 11,550 hectares and was established as a national park to protect and preserve natural features such as its outstanding vegetation and wildlife. It belongs to Northern Luzon's Cordillera Biogeographic Zone.

It was also declared as a site under the National Integrated Protected Area Program.

Mt. Pulag with over 2,900 feet above sea level is the second highest peak in the country next to Mt. Apo and is considered a mountain climbing mecca in the north.