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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
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