Cheyenne Suarez

SC urged to prevent further cutting of trees for expressway project

Article (news)

Adrian Ayalin

ABS-CBN News

<div> </div>MANILA — A group of students urged the Supreme Court to issue a Temporary Environmental Protection Order to prevent the further cutting of trees for the Southern Access Link Expressway or SALEX Project.They also urged the high court to declare Section 23 of Republic Act No. 11966 or the Public-Private Partnership Code of the Philippines which prohibits the issuance of Temporary Restraining Orders, preliminary injunctions and other similar remedies as unconstitutional.The petitioners said the limitations on the issuance of environmental protection orders provided under Section 23 of the PPP code violates their constitutional right to a balanced and healthful ecology and also goes against the doctrine of intergenerational responsibility.Petitioners Joaquin Bautista and Elisha Zantua filed the petition against San Miguel Corporation, project proponent, the Department of Environmental and Natural Resources and Manila Regional Trial Court Branch 41 Presiding Judge Rosalyn Mislos-Loja.The petitioners first went to the Manila RTC before resorting to file the petition for certiorari before the SC.“Forcing the lower courts to deny a TEPO based on statutory prohibitions and protections, disregarding the clear, impending threat of irreversible environmental degradation, constitutes a violation of the sacred obligation the State and its people to preserve the environment for the youth of today and tomorrow,” the petitioners said.The petitioners stressed that Section 16 Article II of the 1987 Constitution which mandates that the State shall protect and advance the right of the people to a balanced and healthful ecology in accordance with the rhythm and harmony of nature.Also cited by the petitioners was the decision of the high court in Oposa vs. Factoran where petitioners were minors and represented their generation as well as generations yet unborn.Oposa vs. Factoran is a landmark decision which recognized the doctrine of intergenerational responsibitility for the environment over the issue of cancellation of existing Timber Licensing Agreements.ABS-CBN News has reached out to SMC and the DENR for comment.Earlier, SMC said the design of the expressway is the &quot;most feasible.&quot; Earthballing has been used for eligible trees while the required replacement seedlings for those displaced by the project will be planted.It also voluntarilty suspended tree cutting activities last June.

A group of students urged the Supreme Court to issue a Temporary Environmental Protection Order to prevent the further cutting of trees for the Southern Access Link Expressway or SALEX Project.

A group of students urged the Supreme Court to issue a Temporary Environmental Protection Order to prevent the further cutting of trees for the Southern Access Link Expressway or SALEX Project.