Support Filing of Case on Justice for the Century-old Acacia Trees In Guindulman, Bohol, Philippines

Office of the Deputy Ombudsman for the Visayas
Republic of the Philippines
Cebu City

LETTER - COMPLAINT
__________________

THE ENVIRONMENTAL OMBUDSMAN
Office of the Deputy Ombudsman -Visayas
Department of Agriculture RO-7 Compound
M. Velez St., Guadalupe, 6000 Cebu City

Dear Honorable Ombudsman:

I, ALFREDO C. AMORA, of legal age, a taxpayer and resident of Tabajan, Guindulman, Bohol, hereby files this Complaint against respondent/s: MA. FE AÑANA-PIEZAS, Municipal Mayor of Guindulman, Bohol and ALEJANDRO A. ESTOPA, Community Environment and Natural Resources Officer, Talibon, Bohol for Neglect of Duty, Abuse of Authority and Violation of Republic Act 3571 known as: “An Act Prohibiting the Cutting, Destroying or Injuring of Planted or Growing Trees, Flowering Plants and Shrubs or Plants of Scenic Value along Public Roads, in Plazas, Parks, School Premises or in Any Public Grounds.”
THE PARTIES:
Complainant:
ALFREDO C. AMORA is a resident of Guindulman, Bohol and a member of the local media in Bohol. (Attached photo copies of Community Tax Certificate 2011 and MEDIA Identification Card marked as ANNEXES______)

Respondent:
MA. FE. ANAÑA-PIEZAS, Municipal Mayor of Guindulman, Bohol
THE CRIMES AS COMMITTED:

1. VIOLATING R.A. 3571 for cutting THREE (3) CENTURIES OLD ACACIA TREES without public consultation and permit from the Department of Environment and Natural Resources.

On August 19, 2009 workers with chainsaw machines hired by Municipal Mayor Piezas, cut THREE (3) CENTURIES-OLD ACACIA TREES without the benefit of a public hearing and permit from DENR as required by R.A. 3571. (Photos of the actual cutting attached as ANNEXES_____________)

I was at that time in Guindulman, Bohol and being a member of the media, some concerned residents called my attention on the cutting activity in front of a newly constructed public market.

I immediately went to the scene and was able to take pictures of the on-going cutting of three (3) acacia trees. There were four (4) acacia trees that were standing and were target of the chainsaw cutters but vehement objections of some senior citizens and environmentalist stopped the cutting on the fourth tree.

Asking some people in the area, they told me that the trees were cut to give way for unobstructed view of the newly constructed public market, a major accomplishment of Mayor Piezas, to be painted and illuminated with spotlights in time of the coming town fiesta of September 8, 2009.

The incident become a topic of public discussions, many condemning such irresponsible act of cutting the trees that stood for many years and were witness to the struggle and triumphs of the people of that town.

When the cutting of trees came out in the newspapers, more concerned Boholanos joined in condemning such acts. An international outcry, through a petition posted in the Internet called for the prosecution of responsible officials who caused the cutting of the centuries-old acacia trees (Downloaded copy of GoPetition Internet campaign with Letter to Officials of the Municipality of Guindulman signed by 97 on-line signatories attached and marked as ANNEX______)

On October 26, 2009, I wrote a letter to Provincial Board Member Alfonso R. Damalerio II, Sangguniang Panlalawigan of Bohol committee chairman on natural resources and environmental protection for an investigation on the matter. (Copy attached as ANNEX_________)

On November 25, 2009 at 2:30 in the afternoon, the SP Committee conducted an investigation, in aid of legislation, on the subject matter: “To investigate the unwarranted cutting of centuries-old acacia trees standing along the highway of Guindulman town.”

On November 26, 2009 the committee rendered Report No. 2009 that after a thorough deliberation the body arrives at the following recommendations:

1. Before making decisions to cut trees particularly of significant value to the locality, there must be a public consultation on the matter. The provisions of the R.A. 3571, “An Act to prohibit cutting and injuring trees,” can guide us to do the right move. Any undertaking affecting the things of cultural significance must be duly considered.

2. All LGUs across the province must create a Special Multi-sectoral Committee, which shall comprise the recommending Body as mandated under Section 2 of R.A. 3571. This body could serve as the technical team for the preservation of the culture and environment of the towns. (Copy of the Report hereto attached as ANNEX____)

BUT UNTIL TO DATE, despite the Petition-Letter from Boholanos abroad and the Recommendation of the SP Committee on Natural Resources and Environmental Protection, Municipal Mayor Piezas had not done/acted for any measure showing concern on the issue; there is no Multi-Sectoral Committee created by the LGU-Guindulman as recommended by the SP Report and the abuse and injuring of the remaining century-old acacia tree continue as billboards, bantings of streamers and other propaganda materials are nailed to its trunk.

ACTS OF Mayor Piezas constitute abuse of authority, neglect of duty and total disregard of environmental and cultural preservation laws.

Respondent:
ALEJANDRO A. ESTOPA,
Community Environment and Natural Resources Officer
CENRO Office, Talibon, Bohol.
THE CRIMES AS COMMITTED:

1. Dereliction of duty and a violation of various office memoranda in issuing permits and likewise violation of R.A. 3571

On September 16, 2009, the DENR-CENRO Talibon, Bohol issued a Special Permit to Cut. The document, signed by CENRO Alejandro A. Estopa, stated that:

“After a review and evaluation of the documents submitted disclosed that the subject acacia trees with a total volume of 10.82 cu.m. could be possible pose danger the lives and property of the Government (LGU-Guindulman, Bohol).” (Copy of permit attached as ANNEX _________)
A close look at the date of issuance of the permit showed that CENRO-Talibon, Bohol “did not actually review and evaluated the application to cut.” Review and evaluation requires the CENRO office to order a forester assigned in the area to conduct an ocular inspection on the subject trees to be cut and render report of his findings before issuance of the permit.

It would be beyond the realms of human experience that a permit to cut is issued on September 16, 2009 when the subject trees were no longer standing and were in fact already cut on August 19, 2009.

The act of CENRO Talibon, Bohol now appears as a posthumous permit for the acacia trees and was intended to cover up the acts of Mayor Piezas after reports in the community of Guindulman circulated that there was no permit when the trees were cut.

The ACTS of CENRO Estopa is a dereliction of duty and a violation of various office memorandum in issuing permits; and likewise violation of R.A. 3571; a law that his office (CENRO) should have upheld and implemented.

PRAYER

PREMISES CONSIDERED, I earnestly pray that by virtue of the authority vested upon the Office of the Environmental Ombudsman and after a diligent investigation, appropriate administrative and criminal charges be filed against respondent/s Municipal Mayor MA. FE AÑANA-PIEZAS and CENRO Alejandro A. Estopa and all other public officials found equally responsible of said felonious and willful acts.

City of Tagbilaran, Bohol: March 23, 2011

(Sgd) ALFREDO C. AMORA
Complainant

VERIFICATION AND CERTIFICATION

I, ALFREDO C. AMORA, under oath, hereby depose and say that I am the complainant in the above-entitled case; I caused the preparation of the foregoing pleading; I have read the contents thereof and they are true and correct to the best of my personal knowledge.

Further, in compliance with Section 5, Rule 7 of Rules of Court, I hereby certify that: I have not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein; if there is such other pending action or claim, I will submit a complete statement of the present status thereof; if I should thereafter learn that the same or similar action or claim has been filed or is pending, I shall report that fact within five (5) days therefrom to this court where the initiatory pleading has been filed.

Furthermore, it is hereby certified that this Letter-Complaint is based on authentic documents.

(Sgd.) ALFREDO C. AMORA
Complainant

SUBSCRIBED AND SWORN to before me this 23 day of March 2011 at the City of Tagbilaran, Philippines, affiant exhibiting his Community Tax Certificate No. _____________ issued at Guindulman, Bohol on____________ with a certification that I personally examined him and that I am convinced that he voluntarily executed and understood the same.

(Sgd.) ATTY. ALBERTO SANTO R. RARA
Assistant City Prosecutor

Copy furnished:
1. Office of the President
Republic of the Philippines

2. Office of the Ombudsman
Hon Ma. Merceditas N. Gutierrez
Manila