Mayor to anti-tree-cutting advocates: I'll support cause if there's legal basis

BAGUIO CITY – Mayor Mauricio Domogan Monday assured members of the Save 182 Movement of support to their petition to stop the cutting and balling of the trees within the expansion area of SM Baguio in Luneta Hill but only if there is legal basis for him to do so.

In a meeting with the tree advocates led by Cordillera Ecological Center director Michael Bengwayan, the mayor refused to issue a categorical statement of support to the cause saying he could not do so without putting himself in "hot water" for trampling on the rights of SM as the legal owner of the private lot where the subject 182 trees are located.

"I can't just issue a statement saying I support you and block the cutting of the trees. There are limitations to what I can do and I can't totally block (SM's plans) because that will violate the civil rights of the owner of the property," the mayor said.

He however promised to support the group if it decides to file a petition for the Dept. of Environment and Natural Resources (DENR) to cancel the permit to cut or ball trees and the Environmental Compliance Certificate (ECC) and for the Dept. Public Works and Highways (DPWH) to void the building permit issued by the city building official for the expansion project and back it with enough legal bases.

"The maximum that I can do is to make an endorsement of your petition possibly for a resolution from the city council so do your homework, research and do the paperwork," the mayor said after explaining that the city government has no authority to undertake the cancelation of said issuances itself.

Taking the cue from the city mayor, the advocates launched an online petition via the social networking site Facebook on top of their earlier petition egging government authorities to block the cutting down and earth-balling of the trees which gained widespread support.

The group also sought the mayor's advice on the possibility of having SM's land expropriated and the mayor volunteered that it could be the best avenue to address the matter.

He said the way to do this is "to convince the national government to exercise its power of eminent domain to buy back the property and convert the area into a park."

He said only the government can file a case for expropriation and the role of the citizens would be to convince the government by presenting justifications and legal bases.

During the dialogue held at the mayor's office, the mayor took the opportunity to explain his side on the issue.

He said he supported the SM's expansion project because there was no legal basis to disapprove the same as the subject lot is a private property of SM having been sold by the national government and approved by no less than President Benigno S. Aquino III.

He said SM being a property owner can exercise its right of ownership and the city can not totally prevent private owners from developing their property.

The mayor also took exemption from tirades from the advocates' camp accusing him of being bribed.

"These accusations that we were bought to support SM are just unfair. Unfortunately, it's a private lot that is involved here. If there's a way to totally block (the cutting of the trees), then we'll do it but if there's none, our hands are tied," the mayor said.

He assured that the city will push through with its plan to hold a dialogue on the issue to give opportunity to both sides to come face-to-face to air their sentiments and clarify issues.

 
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