Decision
34
G.R. No. 215988
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 CARO 106-04 7-120 "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 earthballing 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 Cert~ficate
before the staii 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 earthballing 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;
7. The tree cutting and eaiih-balling operation shall at all times be under
the direct supervision of the Regional Executive Director, DENR,
CAR or his duly authorized representative(s);
8. The logs and other wood materials derived from the cut trees shall be
turned over to the DENR for proper disposal;
9. The permittee shall be required to undertake measures during and atter
tree cutting and earth-balling operations to mitigate the negative
impacts of the said activity to the locality; and
10. The Tree Cutting and Earth-balling Permit shall have a duration of one
(1) year. 151 (Emphasis supplied)
148
149
150
151
Rollo, p. 288.
Id.
Id. at 289-290.
Id. at 289-290.
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