E-Library - Information At Your Fingertips: Printer Friendly 28 of 40 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65160 natural and residual forest, which means it was "composed of indigenous trees, not planted by man[,]"[145] putting them under the coverage of Executive Order No. 23, series of 2011.[146] Recognizing the State's role in preserving the remaining forest cover areas, then President Benigno S. Aquino III, through Executive Secretary Paquito N. Ochoa, issued on February 1, 2011 Executive Order No. 23,[147] which declared a moratorium on the cutting of timber in natural and residual forests for any purpose. Despite private respondents' failure or omission to indicate the nature of the affected trees, the Department of Environment and Natural Resources on September 22, 2011[148] granted their request to amend Environmental Compliance Certificate CAR0106-047-120 "for the development of additional parking levels, retail shops[,] and restaurants within the open space fronting the Governor Pack Road."[149] In an October 17, 2011 Memorandum,[150] public respondent Paje directed the Regional Executive Director to issue a tree-cutting and earth balling permit with the issuance subject to the following conditions: 1. The permittee shall endeavor to conduct meetings or public consultations with LGUs, NGOs, and other stakeholders in the area to discuss the importance of the project, replacement of trees to be harvested, environment and social issues and other related concerns for their information; 2. The permittee shall secure an Environmental Compliance Certificate before the start of any tree cutting and earth-balling operations; 3. Only the forty three (43) planted Alnus trees with a total volume [of] 4.96 cubic meters shall be allowed to be cut. The ninety seven (97) naturally grown Benguet Pine trees including the forty two (42) saplings of Benguet Pine and Alnus trees shall be earth[-]balled; 4. The trees to be earth-balled shall be transplanted to an adjacent open area within the SM City Baguio vicinity or within the area identified jointly by the DENR and the permittee free from future development of the area; 5. Each tree to be cut and trees damaged during earth-balling operations shall be replaced with 30 saplings preferably of indigenous species and shall be planted by the permittee within the area identified jointly by the DENR and the permittee free from future development; 6. Prior to tree cutting and earth-balling operations, placards or signboards with dimension of 4 feet by 4 feet should be installed at conspicuous places to inform the public that the tree cutting and earth-balling operations are authorized by the DENR. Such notice of particulars should indicate the name of the permittee, the purpose of the activities to be undertaken and the number of trees to be cut and earth-balled; 4/23/2020, 10:52 AM