In a landmark decision, the Supreme Court of the Philippines has ordered the immediate termination of all earth-moving activities that are causing irreparable damage to a forest zone in Sabangan town, Mountain Province. The forest zone, located in Am-amoting, Batacang/Ambango in the village of Data, holds significant cultural and ecological value to the residents and individuals who trace their roots in the area.
For years, the residents of the village have relied on the forest zone for pasturing their farm animals. However, their access to the land was disrupted when tax declarations for portions of the forest were issued in the names of spouses Robles and Rose Maliones. The couple introduced improvements to the area, effectively excluding the public from its use and enjoyment.
Disturbed by the illegal occupation and destruction of the forest, the residents filed a petition with the court, seeking to halt the bulldozing activities and cutting of trees. On October 30, 2015, they initiated a citizen suit by filing a petition for enforcement of rights and obligations under environmental laws, cancellation of tax declarations, and the issuance of a temporary environmental protection order (TEPO) and permanent environmental protection order (EPO) against the couple.
The regional trial court acted swiftly and issued a TEPO on November 5, 2015, ordering the Maliones couple to cease all earth-moving activities, including bulldozing, cultivating, and introducing improvements to the subject land. The TEPO was later made permanent, with the Department of Environment and Natural Resources (DENR) being tasked to prevent the conversion of the forest zone into vegetable farms and to stop any other illegal activities conducted by the couple.
The ruling of the regional trial court was subsequently affirmed by the Court of Appeals, prompting the Maliones couple to file petitions for review on certiorari before the Supreme Court. After careful consideration, the Supreme Court upheld the factual findings of the lower courts, recognizing the actual or imminent threat posed by the actions of the petitioners.
Furthermore, the Supreme Court affirmed that since the land is presumptively part of the public forest, the occupation, fencing off, clearing, planting, sowing, and building on the subject land by the petitioners are in violation of the provisions of PD 705, the law governing the protection and management of forest resources.
In a decision penned by Associate Justice Jhosep Lopez, the Court’s Second Division not only ordered the immediate termination of the destructive activities but also directed the DENR to take proactive measures to protect and preserve the environment. The DENR was tasked with guarding and patrolling the subject area to prevent any future illegal activities, apprehend and prosecute violators, and implement all necessary measures to ensure the long-term protection and preservation of the forest zone.
This landmark decision by the Supreme Court sends a strong message regarding the importance of environmental protection and the preservation of our natural resources. It serves as a reminder that the rights of the public to access and enjoy these resources should not be compromised by the actions of individuals or entities seeking personal gain.
By upholding the law and prioritizing the preservation of the environment, the Supreme Court has taken a significant step towards ensuring the sustainable future of the forest zone in Sabangan town, Mountain Province. This decision sets a precedent for future cases involving the protection of public forests and highlights the crucial role that the judiciary plays in safeguarding our natural heritage.
Source: The Manila Times
