FOR one moment there, it threw us back to memories of the Tank Man standing against a queue of advancing tanks at the Tiananmen Square of June 5, 1989 China.
Except that this time, we see lawyer and law professor Ben Cabrido Jr. standing against two rolling juggernauts: the Department of Environment and Natural Resources (DENR) and the Department of Public Works and Highways (DPWH). Cabrido, however, is armed with stuff straight out from environmental laws.
Yesterday, Cabrido filed a Writ of Kalikasan case against the two government agencies for cutting roadside trees nationwide.
In his petition, Cabrido said roadside trees are a special class of trees protected by a stature—Republic Act 3571, otherwise known as an “Act to Prohibit the Cutting, Destroying or Injuring of Planted of Growing Trees, Flowering Plants and Shrubs or Plants of Scenic Value along Public Roads, in Plazas, Parks, School Premises or in any other Public Ground,”
The law states the Government’s policy to “cherish, protect and conserve plants or growing trees, flowering plants and shrubs or plants of ornamental value” in public places. It promotes and conserves the beauty of objects of scenic and ornamental value along public places and help preserve cool, fresh and healthful climate.”
Cabrido cites Section 2, which states that it is the Director of Parks and Wildlife that is given the power to create a committee in every municipality to oversee the implementation and enforcement of RA 3571.
The cutting and destroying of roadside trees can only be done through a recommendation and supervision of a local government committee headed by the director of the Parks and Wildlife office.
And here lies the problem. The DPWH and DENR relies on DENR Administrative Order (DAO) 2018-16, giving the department through its Community Environment Resources Office an authority to issue permits on the cutting of roadside trees.
Cabrido said the DAO 2018-16 is a “questionable administrative order,” and that there’s RA 3571 that should matter in the scheme of things.
Cabrido has brought the matter to court, and in social media declared, “The legal battle is on to protect roadside trees nationwide. I wish nature would as always kindly cover me in this journey.”
If he wins this case, it will indeed change the whole culture of road infrastructure in this part of the world.