Republic of the Philippines
OFFICE OF THE MAYOR
City of Manila
March 19, 2010
My Beloved Constituents:
The City of Manila strongly condemns the illegal cutting of six (6) age-old narra and mahogany trees along Pres. Quirino Ave. corner Pre. Osmeña Highway, by unscrupulous DENR and other officials and private persons in cahoots with them.
The six (6) big trees, which are among the very few surviving and remaining tree that we have been trying to protect and preserve, were imprudently, wantonly and mercilessly destroyed by those people in utter disregard of our laws,, of the beauty and healthful benefits they provide us with, and the comfort they offer to those who use them as shades in waiting for their rides.
R.A. 3571, enacted on june 21, 1963, prohibits the cutting of trees, thus:
Sec. 3. No. 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 other public ground shall be permitted save when the cutting, destroying, or injuring of same is necessary for public safety, or such pruning of same is necessary to enhance its beauty and only upon the recommendation of the committee mentioned in the preceding section, and upon the approval of the Director of Parks and Wildlife. The cutting, destroying, or pruning shall be under the supervision of the committee. Emphasis supplied.
The only justification for the grant of permission to cut trees under that law is when the cutting, destroying or injuring is needed for public safety if when pruning is necessary to enhance its beauty and only upon the recommendation of the Committee and approval of the Director of Parks and Wildlife. However, the cutting must be under the supervision of the Committee.
The Committee as created under Sec. 2 of RA 3571 is composed of any “civic-conscious and well-travelled citizen” as chairman, with the mayor, treasurer, supervising school teacher and health officer” of the locality, as members.
More importantly, under PD 953 (issued July 6, 1976) entitled “Requiring the Planting of Trees in certain Places and Penalizing Unauthorized Cutting, Destruction, Damaging and Injuring of Certain trees, Plants and Vegetation,” it is expressly required that the cutting of trees along public roads can only be done when it is necessary for public safety of its pruning is “necessary to enhance beauty and only upon the approval of the duly authorized representative of the head of agency or political subdivision having jurisdiction therein,” in this case the Mayor of the City of Manila.
Here, it was the Regional Director of the DENR who issued the permit.
The Regional Director has no authority to grant the p[ermit because, under E.O. No. 292, Adm. Code of 1987, that took effect on July 25, 1987, the function of the Director of Parks and Wildlife was given to the “Protected Areas and Wildlife Bureau”, as provided for in Sec. 19 of EO 2952, thus:
SEC. 19. Protected Areas and Wildlife Bureau. – The Protected Areas and Wildlife Bureau, to be headed by a Director and assisted by an Assistant Director, shall absorb the Division of Parks and Wildlife xxxx.
Indeed, it is the “Protected Areas and Wildlife Bureau” (PAWB) that could issue the permit under the terms set forth in RA 3571. Yet, it was not the PAWB that did so.
It is, therefore, clear, whether under R.A. 3571, where the Mayor is a member of the Committee that recommends the cutting to the Director of the Parks and Wildlife, or in PD 953, that it is the Mayor himself, as head of the political subdivision, who approves the cutting, pruning or destruction of trees found in the City of Manila.
On the contrary, the regional Director wrongly cited a regulation as basis of his authority in issuing the illegal permit. His letter reads in part:
Mr. Federico Dy
x x x
x x x.
Cognizant thereto and pursuant to the memorandum dated November 27, 2009 of the Secretary Jose L. Atienza, Jr. setting the guidelines and procedures on the planting, maintenance and removal of trees in urban areas and in areas affected by government infrastructure projects, a Tree Cutting Permit is hereby granted, subject, however, to the following conditions, x x x. Emphasis supplied
(Signed)
DR. JOSE ANDRES L. DIAZ
OIC, Regional Executive Director
Plainly, the guidelines issued on November 27, 2009 by Mr. Atienza referred to removal of trees in cities (urban areas) affected by the “government infrastructure projects”.
Certainly, the application of Mr. Federico Dy to establish and construct the “Metro Oil Gas Station” does not involve a “government infrastructure project” but a private undertaking; thus, did not justify the cutting and destruction of the trees in his station’s path.
For being without authority to cut trees and considering that the said cutting blatantly contravened RA 3571 and PD 953, Director Diaz and those who acted with him should be criminally charged and prosecuted.
It is unfortunate that while we vigorously pursue our “clean and green” program in the City of Manila by planting fruit bearing and big trees, which we have painstakingly been doing every Saturday since last year, it is lamentable that heartless and irresponsible persons have only frustrated our efforts but, worse, deprived us of the much needed environmental benefits, which in this age and time of global warming, we need from trees for a healthy environment.
Rest assured that we will not leave any stone unturned until we bring to the bar of justice all those responsible for this crime.
Sincerely,
(Signed)
ALFREDO S. LIM
City Mayor
