Domogan denies ‘usurpation of powers’ charge by DENR
>> Tuesday, June 4, 2019
Tree-cutting controversy
By
Dexter A. See
BAGUIO CITY – Outgoing Mayor Mauricio G. Domogan denied
usurpation charges against him by the Dept. of Environment and Natural
Resources on issuance of tree-cutting permits for dead trees and those that
pose danger to the public, saying such charges were in violation of due process
as enshrined in the Constitution.
Domogan said usurpation charges against him being floated
by Undersecretary Benny Antiporda was another effort by individuals and groups
to subject him to trial by publicity when he was never given a chance to
formally respond to such charges as part of due process accorded to people
being accused of committing offenses.
He said it was best for the DENR to file usurpation charges
against him so he can answer these in the proper forum as the DENR is not the
authority that will resolve this but the duly constituted authorities.
“We do not even know if the usurpation charges were filed
in the first place. We are wondering why such charges are being floated in the
media and not the proper forum so that we can present our arguments that will
dispute such unfounded and unfair allegations,” Domogan said.
He said emergency tree-cutting permits issued by his office
passed through stringent investigation by personnel from the concerned offices
of the local government who are experts in ascertaining whether or not the
trees subject for the issuance of tree cutting permits are dead or those that
pose eminent danger to life and limb.
According to him, he issued an administrative order
sometime in 2012 that required the conduct of a joint inspection of the trees
being applied for the issuance of tree-cutting permits by the personnel of the
concerned offices of the local government and representatives from the
Community Environment and Natural Resources Office (CENRO) but such arrangement
did not push through because CENRO officers often reasoned out that they have no
personnel to do so when requested to conduct inspections on trees being applied
for cutting permits.
Domogan said the city government does not want a repeat of
the incident inside Camp John Hay (CJH) where a bright 16-year old high school
student died after he was hit by a dead tree that fell when the same was not
actually cut. He said tree-cutting permits issued by his office are properly documented and passed through the
process as prescribed under existing law, rules and regulations.
Local executives are
authorized by law to issue emergency tree-cutting permits on trees that are
either dead or those that pose eminent danger to life and property based on the
assessment of personnel and certified by barangay officials who have jurisdiction
on the areas where the tree subject to be cut are located.
He said supporting documents of issued tree-cutting permits
will speak for themselves that there was no usurpation committed since all
issued tree cutting permits passed through prescribed processes.
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