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However, over the course of the 20th century the forest cover of the Philippines dropped
from 70 percent down to 20 percent, as a result of deforestation.
Deforestation is the action or process of clearing of forests. It is also defined as the
state of having been cleared of forests. 1 It is the permanent destruction of forests in
order to make the land available for other uses. 2 Deforestation has been so prevalent in
the Philippines that in total, 46 species are endangered, and four were already
eradicated completely. Only 3.2 percent of total rainforest has been left. Based on an
1 Available at http://www.merriam-webster.com/dictionary/deforestation. Last accessed October 3, 2015.)
Permits were issued based on strict compliance with applicable rules and
regulations.
Compliance with the Tree Cutting and Earth-balling permit by conducting public
consultations.
Various measures to mitigate any probable impact of the removal of the affected
trees, like reforestation efforts within SM City Baguio premises and even in other
parts of the country.
The benefits of the Expansion project far outweigh any likely impact that the
removal of the affected trees will bring to the environment in line with their
advocacy for environmental protection and sustainable development.
Applicable Laws
The 1987 Constitution
Section 15. The State shall protect and promote the right to health of the people and
instill health consciousness among them.4
Section 16. The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature. 5
Section 2.2. The DENR is likewise prohibited from issuing/renewing tree cutting permits
in all natural and residual forests nationwide, except for clearing of road right of way by
the DPWH, site preparation for tree plantations, silvicultural treatment and similar
activities, provided that all logs derived from the said cutting permits shall be turned
over to the DENR for proper disposal. Tree cutting associated with cultural practices
pursuant to the indigenous Peoples Right Act (IPRA Law) may be allowed only subject
to strict compliance with existing guidelines of the DENR.
Republic Act No. 3571
The law that prohibits and punishes the cutting, destroying or injuring of planted or
growing trees, flowering plants and shrubs or plants of scenic values along public roads,
in plazas, parks, school premises or in any other public ground.
Republic Act No. 7160 The Local Government Code of the Philippines
Section 26. Duty of National Government Agencies in the Maintenance of Ecological
Balance. - It shall be the duty of every national agency or government-owned or
controlled corporation authorizing or involved in the planning and implementation of any
project or program that may cause pollution, climatic change, depletion of nonrenewable resources, loss of crop land, rangeland, or forest cover, and extinction of
animal or plant species, to consult with the local government units, nongovernmental
organizations, and other sectors concerned and explain the goals and objectives of the
project or program, its impact upon the people and the community in terms of
environmental or ecological balance, and the measures that will be undertaken to
prevent or minimize the adverse effects thereof.
Section 27. Prior Consultations Required. - No project or program shall be implemented
by government authorities unless the consultations mentioned in Sections 2 (c) and 26
hereof are complied with, and prior approval of the sanggunian concerned is obtained:
Provided, That occupants in areas where such projects are to be implemented shall not
be evicted unless appropriate relocation sites have been provided, in accordance with
the provisions of the Constitution.
DENR Administrative Order No. 2003-30
The administrative issuance that provides for the rules and regulations to implement the
Philippine Environmental and Impact System (EIS). This provides for the process of
application for Environment Compliance Certificate (ECC) for Environmentally Critical
Areas (ECA).
Section 6. Appeal
Any party aggrieved by the final decision on the ECC / CNC applications may, within 15
days from receipt of such decision, file an appeal on the following grounds:
7 Id.
8 CA-G.R. CV No. 100245
If the laws will permit correction, the law should be clearcut as to the non-permission
of earthballing of full-grown trees.
Appreciate good faith of SM as to its commitment:
o To plant pine seedlings as replacement of the 60 pine trees it cut.
o Several environment-friendly features of the mall expansion
Improved sewage treatment plant
Underground rainwater collection system/catchment tank (to help
compensate for the tree cutting needed to clear space to build the
establishment)
Sky garden
Design to prevent topsoil erosion.
Green walls with live plants
Sewage treatment plant
9 Id.
10 CA-G.R. CV No. 100245
Excess space of the catchment tank that will provide additional parking
that will help decongest traffic along Upper Session Road
It should be noted that people need to learn to define the issues or problems to
accurately come up with the right position and consequently, the right solutions. While it
is not ignorable, the 60 trees cut down might only be a small portion of our bigger
problem. People, if really concerned, should be more guarded and wise in choosing the
solutions to appreciate, especially that our environmental laws and regulations appear
to be drafted with so much open room to be circumvented.