Prosecutor Dismisses Case Against 20 Persons Charged With Cutting 982 Trees

The Toledo City Prosecutor’s Office has dismissed for insufficient evidence the complaint filed against 19 officials of two corporations and a lot owner for cutting down 982 trees to pave the way for a solar power project in Barangay Talavera, Toledo, some 50 kilometers west of Cebu City.

Toledo City Prosecutor Raul Cesar Bajarias said the Department of Environment and Natural Resources (DENR) failed to identify in their complaint the persons responsible for the cutting of the trees.

Bajarias, in his resolution, said a complaint that fails to mention how a particular crime was committed has the effect of disregarding and depriving the rights of the respondents to be informed of the nature and cause of the accusation against them.

”For a complaint to be sufficient, it must contain specific allegation necessary to constitute the crime charged,” the resolution said.

Bajarias said the DENR failed to identify who ordered the cutting of the trees and who among the respondents cut the trees.

The DENR earlier filed charges against the officials of Santa Clara International Corp., First Toledo Solar Energy Corp. and lot owner Gino Baltao for cutting down 982 naturally grown trees without a DENR permit.

The complaint said the total volume of the illegally cut trees reached 2,190 cubic meters and valued at PHP18,500,000.

But the complaint did not include a sworn statement by even a single witness to the cutting of the trees.

In a statement, Dr. Eddie Llamedo, DENR spokesman, said they are now preparing a motion for reconsideration of Bajarias’ order.

He said Dr. Isabelo Montejo, DENR 7 director, has ordered lawyer Fernando Albera, head of their legal division, “to exhaust all the legal processes available to them to pursue and assert our case.”

“We will not be swayed by this development and work instead for the sake of our environment and natural resources,” Llamedo said.(PNA) FPV/EB/EDS