THE Department of Environment and Natural Resources (DENR) 7 is asking the justice department to set aside the decision of the local prosecutors in denying their complaint against students and teachers of a Cebu university for killing endangered Black Shamas or Siloys for research purposes.

In their petition for review, the DENR 7’s Protected Area and Wildlife Division (PAWD) wants the Department of Justice (DOJ) to reconsider the filing of charges against biology students and teachers of the Cebu Normal University (CNU) for killing eight Black Shama birds last year.

In its eight-page petition, the DENR-PAWD 7, represented by lawyer Philline Rosamae Reluya-Yu, contended that the Cebu Provincial Prosecutor’s Office erred in denying their case against the respondents.

The provincial prosecutor denied the case filed against the students and teachers of CNU after seeing that killing the birds for research purposes is part of the exemptions stated in Republic Act 9147, or the Wildlife Resources Conservation and Protection Act.

But the DENR 7 claimed that while there are exceptions stated in RA 9147, the respondents failed to establish that what they have done is considered as an “authorized research” under the law.

It said the eight students and teachers also failed to comply with the conditions stated in the gratuitous permit issued to them by DENR 7.

“The eight respondents in this case fell miserably short of the requirements set in the above-mentioned provision. In fact, their submitted Memorandum of Agreement remains unsigned by the parties (the Regional Director of the DENR and Cebu Normal University). Moreover, the Gratuitous Permit specifically provides in paragraph 1 thereof, that the “permitees shall release the captured species after acquiring the needed samples,” the petition said.

The DENR 7 said students and teachers that were named in the complaint never denied the killing of the eight birds.