Group turns to court for refuge vs SM expansion

By Paul Rillorta
BAGUIO CITY – The City Council Committee on Environment will continue its public hearing on the proposed SM expansion project March 5 despite the filing of civil charges against SM and some government agencies by the group of environmentalists opposed to the cutting and earth balling of trees.

The group was represented by lawyers Cheryl Daytec-Yangot, Christopher Donaal, Jansen Nacar, Jado Rafael Bognadon, Christian Sia and Maria Cristina Yambot.

During the deliberations Monday, Yangot revealed the group filed for an Injuction against SM Investments Corporation, Department of Environment and Natural Resources Sec. Ramon Paje, Atty. Juan Miguel Cuna of DENR-Environmental Management Bureau and Sec. Rogelio Singson of the Department of Public Works and Highways.

A prayer for a Temporary Environmental Protection Order (TEPO) against the malls expansion has also been attached.

Accordingly, provisions of the 1987 Philippine Constitution has been disregarded primarily “the state shall advance the right of the people to a balanced and healthful ecology in accordance with the rhythm and harmony of nature” and international treaties which the country is a signatory of.

University of the Philippines Baguio chancellor Priscilla Macasantos also said the area is considered a ‘Heritage Site’ which is protected by the Philippine Cultural Heritage Law.

The group also questions the clearances issued to SM Primeholdings by the government offices concerned stating no public consultation was done prior to issuing an Environmental Compliance Certificate (ECC).

During the public consultation, SM Prime Holdings was given a chance to present its re-development plans to the public.

An audio-visual presentation detailing how the project will be implemented was shown which is said to generate more jobs and revenue for the city.

It also incorporates a 7-storey green building with spacious dining and retail outlets which is a registered LEED project.

However, Dr. Michael Bengwayan said the SM project is not yet an LEED certified project as per an email from the United States Green Building Council (USGBC).

Committee on environment Chairman Erdolfo Balajadia said his fellow councilors will be given the chance to ask questions during the continuation of the public hearing Monday as no decision has been arrived at as it needs to hear more views from the public.

Meantime, the case which was filed by the group has been raffled to the Regional Trial Court Branch 5 under Judge Antonio Estevez who has set the case for hearing on March 15.