Friday, December 15, 2006 Village chief suspended for cutting down tree By Ben O. Tesiorna
A BARANGAY captain was ordered suspended by the Municipal Council of Mati after he was accused of cutting down a 50-year-old tree inside a private property without permit from the Department of Environment and Natural Resources (DENR).
Suspended for three months is Matiao barangay captain Rogelio Kaparaz Jr. of Mati, Davao Oriental.
Complainants Robert Sy and Ronnie Malikay accused Kaparaz of having ordered the cutting of a 50-year-old antipolo tree on September 24, 2005 without their consent being the owners of the land.
Kaparaz ordered Manuel Quilaton Jr. to cut the tree and sold the lumber to a lumber store.
The DENR said it has not issued any permit for the tree to be cut down.
In his counter-affidavit, Kaparaz claimed that his action does not constitute grave abuse of authority, as there was a petition from the officials and members of Purok Bagong Silang for the tree to be cut down for public safety reasons.
The Municipal Council, however, said in its ruling that the petition "lacks authenticity to be credible."
"There was no witness who could be one of the signatories to the petition who testified to its due execution and authenticity," the council stated.
The Municipal Council said "due notice should have been afforded to the complainants and their side heard before Kaparaz ordered the cutting of the antipolo tree."
"After all, the antipolo tree, which lived for more than 50 years at the time it was cut did not undergo the process of decay or degeneration overnight. Why the haste and in so doing transgress and violate the rights of the complainants who are entitled to the protection of the law," the ruling said.
For the offense of grave abuse of authority, the Municipal Council ordered Kaparaz to be meted a penalty of three-month suspension without pay and forfeiture of benefits during his suspension.
