BAGUIO CITY – An independent investigation conducted by the Department of Justice late last year concluded “that there was probable cause for (the) indictment” of incumbent Baguio Representative Nicasio Aliping Jr. for the environmental destruction done in Mount Santo Tomas a year earlier.
This was contained in a letter addressed to Environmental Ombudsman Gerardo Mosquera of the Ombudsman’s Office dated last September 16 by the Pine Cone Movement, a non-governmental organization whose mission and vision is to protect and defend the historical and environmental legacy of Baguio City and its environs.
“An environmental depredation occurred in the Mount Santo Tomas area where Baguio City has its watershed about two years ago. The sitting congressman, Nicasio Aliping, Jr., has been accused of causing it,” the letter said.
“The Baguio Water District and the regional office of the Department of Environment and Natural Resources brought charges against him. However, the whole Benguet Provincial Prosecutors’ Office recused themselves from the case for mysterious and flimsy reasons which caused us to appeal to the Department of Justice, who in turn sent an independent investigator to review the case. The conclusion was that there was probable cause for indictment for which the case was turned over to your office,” it continued.
Since the said investigation was conducted about a year ago, leaders of the Pine Cone Movement claimed that they have since tried to request an appointment with Mosquera to get information on the status of the case, but that his office had denied them their request on the basis that they are not directly involved as either plaintiff or defendant in that particular case.
“We beg to disagree because as Baguio City was adversely affected (by way of erosion, water contamination and destruction of forest cover), so are its residents and anyone who appreciates Baguio for its environment,” they added.
Therefore, as public citizens, they explained that as people affected by what occurred and as members of the Pine Cone Movement, whose cause is the Baguio environment, they reiterate their request for information from the Environmental Ombudsman’s office regarding the status of the case.
They also stressed that since the elections are coming, they need to know the truth about any candidate’s qualifications, record and position vis-à-vis the law. Aside from that, they also asked that they need to know what timetable, if any, is Mosquera’s office following on this matter.
“We think this is a reasonable request for information that residents and taxpayers of Baguio City are entitled to. Therefore, we hope to hear from you soon,” they concluded.
Signatories to the letter were Bishop Carlito J. Cenzon of the Diocese of Baguio City and Bantay Baguio; Maria Isabel G. Ongpin, chairperson of the Pine Cone Movement; Ambassador Joseph Delano M. Bernardo, Ambassador Isabel Caro Wilson, Teresita Bermudez Choa, Bernadette P. Filler, Georgina D. Alipio, Imelda de la Cuesta Bisnar and Dr. Ronaldo A. Paraan, all board of directors of the Pine Cone Movement; with Paraan serving as concurrent chairman of the Baguio Heritage Foundation.
It may be recalled that way back in 1940, then President Manuel Quezon issued Proclamation No. 5811 establishing an approximate area of 3,121 hectares as the Santo Tomas Forest Reserve and maintained it for forest protection, timber production and aesthetic purposes. However, although it has never been reclassified as alienable and disposable, the area was gradually encroached and a residential community with a population of almost 1,815 inhabitants now resides within it.
On April 15 the other year, mountains trekkers discovered massive tree-cutting and earth-moving activities at Mount Santo Tomas, prompting barangay, police and environment officers to conduct an investigation.
Investigators then found out that the earth-moving activities were approved by Aliping for the purpose of opening a road starting from the Mount Kabuyao highway all the way to sitios Amliang and Bekel in Poblacion, Tuba. This allegedly resulted in the cutting of 306 trees and 455 saplings.
The petitioners said the newly-opened road ends 50 meters away from Amliang creek where rocks and soil from the earth-moving activities posed a pollution threat on the water resources around the area.
The investigators also found out that no environmental compliance certificate, tree cutting permit or special land use permit, as well as any right of way or excavation permit were issued for the activities.
This prompted Benguet Governor Nestor Fongwan and Tuba Mayor Florencio Bentrez to issue a cease and desist order to Aliping for him to stop any massive land development in his alleged property in the area.
On June 2 that same year, the Department of Environment and Natural Resources issued a Notice of Violation cum Cease and Desist Order to Aliping along with three more respondents Romeo Aquino of RUA Construction and Development Corporation, Bernard Capuyan of BLC Construction and Aggregates, and William Go of Goldrich Construction, the alleged contractors, for allegedly cutting, removing, gathering or collecting timber in the forest reservation.
By Press Release
