Aliping PDF

Republic of the Philippines
COURT OF APPEALS
Manila
FORMER FIFTH (5TH) DIVISION

BISHOP CARLITO J. CENZON, CA-G.R. SP NO. 00029 W/K
ARCHBISHOP SOCRATES B.
VILLEGAS, SHEREE M.
NOLASCO, MARIE A. Members:
BALANGUE, NONNETTE C.
BENNETT, DR. TERESITA F. ABDULWAHID, H.S., Chairperson,
DE VENECIA, ANTONIO J. BARZA, R.F., and
SUPREMIDO, JR. and PASTOR CRUZ, R.A., JJ.
GENER TANDOC,
Petitioners,
- versus -
HON. NICASIO M. ALIPING,

JR., in his private capacity and Promulgated:
in his capacity as the
Representative of the
Congressional District of the May 6, 2015
City of Baguio, HON. RAMON
J.P. PAJE, in his capacity as
the Secretary of the
DEPARTMENT OF
ENVIRONMENT & NATURAL
RESOURCES, PAQUITO T.
MORENO, JR., in his capacity
as the Officer-in-Charge
Regional Director of the
DEPARTMENT OF
RESOURCES-CORDILLERA
ADMINISTRATIVE REGION,
OSCAR C. CABANAYAN, in his
capacity as the Officer-in-
Charge Regional Director of
the ENVIRONMENTAL
MANAGEMENT BUREAU-
CORDILLERA
ADMINISTRATIVE REGION,
OCTAVIO B. CUANSO, in his
capacity as the Officer-in-
Charge of the PROVINCIAL
C.A-G.R. SP. No 00029 W/K Page 2 of 54
DECISION
RESOURCES OFFICE-
BENGUET, JULIO D. LOPEZ, in
his capacity as the Officer-in-
Charge of the COMMUNITY
RESOURCES OFFICE-LA
TRINIDAD, HON. FLORENCIO
V. BENTREZ, in his capacity as
the Mayor of the
MUNICIPALITY OF TUBA,
ENGINEER SAMSON PAQUIT,
in his capacity as the Officer-
in-Charge of the MUNICIPAL
RESOURCES OFFICE-TUBA,
ENGINEER PRUDENCIO
ADAROG PINKISAN, in his
capacity as the Municipal
Assessor of the MUNICIPALITY
OF TUBA and POLICE CHIEF
INSPECTOR WILLIAM B.
WILLIE, in his capacity as the
Chief of Police of the PNP
Tuba,
Respondents.
x----------------------------------------------x
DECISION
Cruz, R.A., J.:
This is a Petition for the Issuance of a Writ of Kalikasan and a

Writ of Continuing Mandamus pursuant to the Rules of Procedure for
Environmental Cases (A.M. No. 09-6-68-SC) due to anthropogenic
activities within the Mount Santo Tomas Forest Reserve located in the
Municipality of Tuba, Benguet. The petition, filed with the Supreme
Court on September 23, 2014 and docketed as G.R. No. 214058, was
brought by Petitioners Bishop Carlito Cenzon, Sheree M. Nolasco,
Marie A. Balangue and Nonette C. Bennett for themselves and for the
residents of Baguio who have been affected by the ongoing
destruction of portions of the Mount Santo Tomas Forest Reserve and
by Petitioners Archbishop Socrates B. Villegas, Antonio J. Supremido,
Jr., Dr. Teresita F. De Venecia and Pastor Gener Tandoc for
DECISION
themselves and for the residents of San Fabian, Pangasinan who

stand to be affected by the deterioration of the Bued River caused by
the degradation of Mount Santo Tomas Forest Reserve due to man-
made activities being conducted therein.
MOUNT SANTO TOMAS FOREST RESERVE
Three quarters of a century ago, President Manuel L. Quezon

issued Proclamation No. 5811 establishing the Santo Tomas Forest
Reserve for forest protection, timber production and aesthetic
purposes. It was placed under the administration and control of the
then Bureau of Forestry. The mandate for the conservation,
management, development, and proper use of the country's
environment and natural resources, specifically forest and grazing
lands of the public domain, was placed on the Department of
Environment and Natural Resources (DENR) by virtue of Executive
Order No. 192.2
The Forest Reserve, situated in Tuba, Benguet, has an
approximate area of 3,121 hectares which, by virtue of the said
Proclamation, were withdrawn from entry, sale or settlement, subject to
private rights if any there be. In 1965, Proclamation No. 362 3 was
issued segregating a portion of the forest reserve for military purposes.
It appears that Mount Santo Tomas – contrary to common notion
– consists of several mountain peaks and hosts of headwaters of the
Bued River. From the steep forested mountain peaks and slopes,
streams are formed which slide down and confluence to form the Bued
River at the bottom of the mountain. The Bued River flows from Mount
Santo Tomas passing through Camp 1 along Kennon Road and
thereafter into the Municipalities of Sison and San Fabian,
Pangasinan, and empties into the Lingayen Gulf. The River Basin
Control Office of the DENR has listed the Bued River Watershed as
one of the 140 critical watersheds.
The Bued River Watershed supports the San Fabian River
Irrigation System in the Province of Pangasinan. In the 1970s, water
from the irrigation system serviced as much as 2,765 hectares of
agricultural lands. The decreasing water supply and the ongoing
destruction of the Bued River has diminished this to 1,144 hectares.
Nevertheless, the farmers along the river banks in San Fabian rely
solely on the water generated by the National Irrigation Administration-
managed irrigation system.
DECISION
Along the slopes of the Mount Santo Tomas Forest Reserve are
natural springs which supply the three (3) catchment dams of the
Baguio Water District (BWD). These water reservoir dams are known
as Amliang Dam 1, Amliang Dam 2A and 2B, and Amliang Dam 3.
Water from these dams is channeled to the BWD's Stage 1 Dam and
thereafter, is coursed to the BWD reservoir located at Kilometer 8 in
Tuba. Treatment of the water is conducted at this reservoir before it is
distributed to the households in Baguio and Tuba.
Its location and elevation makes the Mount Santo Tomas Forest
Reserve a suitable place to harvest rainwater as seen by the 9-hectare
rain catchment basin established by the BWD. During the rainy
season, the Santo Tomas Rain Basin collects as much rainwater
sufficient to fill it to a depth of 14 meters which is used as buffer source
of water supply for parts of Baguio and Tuba during the months of
August to January.
On April 15, 2014, mountain trekkers Francis Likigan, Jr., Eric S.
Tanglib and Christian T. Labascan wrote a letter to Benguet Governor
Nestor Fongwan informing the latter of tree-cutting and excavation
activities at Mount Kabuyao and Mount Santo Tomas in Tuba,
Benguet. This information was relayed by Governor Fongwan to the
Officer-in-Charge (OIC) Regional Executive Director of the DENR
Cordillera Administrative Region (CAR), Paquito T. Moreno, Jr.,
through a letter dated April 16, 2014.
In response to the complaint, a joint inspection was conducted
on April 25, 2014 by the Philippine National Police (PNP), Community
Environment and Natural Resources Office (CENRO), and the
barangay officials of Barangay Poblacion, Tuba, Benguet. During the
inspection, the team found a backhoe being utilized to undertake
earth-moving activities at Sitio Pongayan, a part of the Mount Santo
Tomas Forest Reserve. The road construction and freshly-cut Benguet
pine trees were visible in the area. A certain Mr. Coyupan, apparently
the one in charge of the activities, informed the team that their permit
was still being processed, and he was advised to stop the illegal
activities. The team was also able to confirm vandalism and garbage-
dumping in the area, which prompted a clean-up drive by the barangay
officials.4 The CENRO thereafter issued a Cease and Desist Order
dated May 26, 2014 to Mr. Coyupan from undertaking the construction
activities in Pongayan and Amliang, Poblacion, Tuba, Benguet. 5
After more follow-up investigations, the investigating team made
the following findings and observations, to wit:
1. The entrance road going down to the ongoing road
DECISION
construction was blocked by two (2) backhoes and another

was parked near a dilapidated building;
2. The earth-moving activity was continued despite a
cease and desist order issued by the CENRO on May 26,
2014 to the caretaker Mr. Coyupan;
3. A new road construction measuring 1.5 kilometers
from Sitio Pongayan to Sitio Amliang, Barangay Poblacion,
Tuba, Benguet and 1.14 kilometers from Sitio Pongayan to
Sitio Bekel, Barangay Poblacion, Tuba, Benguet, having an
average width of 3.4 meters was measured by the team
using 50-0 meters tape and Samsung tablet with GPS and
excavation and leveling of more or less 4,500 square
meters;
4. When it rains, the heavy soil spoils from the earth-
moving activity caused by the on-going construction will
flow down to the tributaries at Sitio Amliang, Barangay
Poblacion, Tuba, Benguet where the structures of BWD
are located, and then further cascading downstream to
Sitio Camp 6, Barangay Camp 4, Tuba, Benguet;
5. Along the on-going road construction, around 306
trees (293 Benguet pine trees and 13 Alnus trees) and 455
saplings (415 Benguet pine saplings and 40 Alnus
saplings) were inventoried, and an undetermined number
of trees, poles, saplings and natural renegerants along the
road construction site have yet to be accounted;
6. The damage to the trees, estimated to be at
P10,314,531.40, was caused by the earth-moving activity
of the on-going road construction while some were seen
cut and sawn into lumber as evidenced by the presence of
saw dusts, slab and stumps;
7. The road ends 50 meters away from Amliang Creek
with volume of rocks and soil spoils definitely posing
pollution of downstream water resources of Barangay
Camp 6 as well as the Dam 3 of BWD supplying potable
water to Baguio City and siltation of water ways;
8. No Environmental Compliance Certificate and Tree
Cutting Permit/Special Land Use Permit, Road Right of
Way/Excavation Permit was ever issued in connection
thereto;
DECISION
9. Per plotting/projection made by the CENRO using

the Land Classification Map, the area falls within the Mount
Santo Tomas Forest Reserve;
10. Based on the communications between
Congressman Nicasio M. Aliping, Jr. and Tuba Mayor
Florencio V. Bentrez regarding the earth-moving activity
within his property located at Mount Santo Tomas, it
appears that the Congressman is responsible for the
ongoing earth-moving activities in the area under
investigation.6
By virtue of the said findings, the Provincial Environment and
Natural Resources Officer (PENRO) of Benguet filed, on June 6, 2014,
a Criminal Complaint7 against Congressman Aliping, Jr., Goldrich
Construction and Trading, R.U. Aquino Construction and Development
Corporation, and BLC Construction and Aggregates for violations of
Sections 77 and 78 of Presidential Decree No. 705 8 before the Office
of the Provincial Prosecutor in La Trinidad, Benguet.
A separate investigation was conducted also by the BWD on
April 28, 2014 in relation to the observed turbidity of the water supply
at the Stage 1 facilities at Camp 6, Kennon Road and serious threats
of erosion, contamination, and damage to the Amliang spring sources,
both within the Municipality of Tuba, Benguet, in which the following
observations were noted, to wit:
1. Small-scale mining activities above Dam 3 caused
massive erosions that contributed to the turbidity of the
water supply;
2. There is an on-going massive land development
within and around the property of Congressman Nicasio M.
Aliping, Jr. that includes land levelling and road
constructions;
3. Massive volumes of bulldozed/excavated earth and
other debris were dumped along the mountain slopes and
ravines without proper rip-rapping and/or other erosion
control measures;
4. Earth and other debris were dumped above Dam 3 of
the Amliang source and the two creeks/rivers leading
directly to Dam 3 of the Stage 1 facility further
downstream; and
5. The several felled and lumbered pine trees have
DECISION
further exposed the area to more erosion which are feared

to occur in the coming rainy months.
These findings by the BWD were communicated to Mayor
Bentrez through a letter dated May 13, 2014. 9
Acting on the complaint of BWD, the Environmental
Management Bureau Cordillera Administrative Region (EMB-CAR)
conducted a walk-through inspection on May 29, 2014 with Engr.
Fernando A. Peria of the BWD. After inspection, the team which was
led by Randy S. Langgawan of the EMB-CAR observed that there was
indeed an earth-moving activity and road construction undertaken
above the spring sources of the BWD at Cabuyao, Santo Tomas and
the existing residential structure was already being demolished. The
area where the earth-moving activity is being undertaken is claimed by
Congressman Nicasio M. Aliping, Jr. The newly-opened road has a
total length of more than two (2) kilometers. Both the earth-moving
activity and the road construction have affected vegetation which
includes Benguet Pine Trees and other tree species. The road
construction has traversed an intermittent creek supplying the Amliang
Spring 3 source of the BWD, and the excavated earth materials from
the aforementioned earth-moving activity were dumped downhill-side
further affecting the vegetation and facilities of the BWD. As a result,
the BWD facilities were silted, prompting the BWD to plug the
conveyance pipe to avoid further damage. During heavy downpour, the
surface flow may wash down the debris dumped at the downhill side of
the road into the facilities of the BWD, and the affected water
resources would flow to a creek and the Bued River. The earth-moving
and road construction activities were undertaken along an
environmentally critical area without undergoing an environmental
impact assessment process as required by the Philippine
Environmental Impact Statement System. 10
It appears from the documents obtained by the team that the
said activities were initiated by Congressman Aliping, Jr. with the
possible participation of the BLC Construction and Aggregates, RUA
Construction an Development Corporation and Goldrich Construction,
owners of the backhoes found in the area. 11
The team also remarked that, per the Procedural Manual for
DAO-03-3012, new construction of roads under infrastructure projects
with a length of greater than two (2) kilometers was within the
coverage of Presidential Decree (P.D.) No. 1586. 13 It was also noted
that Bued River was being considered as a Water Quality
Management Area (WQMA) by the EMB-CAR. 14
DECISION
Based on the recommendation of the team, the EMB-CAR

issued a Notice of Violation cum Cease and Desist Order dated June
2, 2014 against Congressman Aliping, Jr., BLC Construction and
Aggregates, RUA Construction and Development Corporation, and
Goldrich Construction for violation of P.D. No. 1586. A technical
conference was conducted on July 14, 2014, which was participated in
by Congressman Aliping, Jr. and the representatives of Goldrich
Construction and RUA Construction. During the meeting,
Congressman Aliping, Jr. admitted that the excavation project within
his property was undertaken without securing the necessary permit. In
view of this admission, the EMB-CAR imposed a penalty of
P50,000.00 against Congressman Aliping, Jr. for violation of Section 4
of P.D. No. 1586.
On the basis of its own findings, the BWD, on June 26, 2014,
filed a Complaint15 against Congressman Aliping, Jr., Goldrich
Construction and Trading, et al. for violation of Republic Act (R.A.) No.
9275, otherwise known as the Clean Water Act of 2004, with the
Pollution Adjudication Board (PAB). The PAB instructed the EMB-CAR
to conduct an investigation on the complaint. The EMB OIC-Regional
Director Oscar C. Cabanayan invited the BWD for a technical
conference which was suspended due to clarifications raised by the
BWD.
On July 18, 2014, another walk-through was conducted at the
development site which elicited additional findings, to wit:
1. The project is an eco-tourism (land development)
covering an area of about 2.155 hectares;
2. The side slope of the property where overburden
were pushed towards the Amliang Creek were planted with
Chinese bamboo interspersed with camote growth;
3. The upstream/watershed area of the subject river are
agricultural lands as evidenced by several farms along the
area;
4. Presence of natural erosions; and
5. On-going road widening of DPWH along the Santo
Tomas Road, excavated earth materials were dumped
along the stretch of the road, but it has no protection
measures that it flows towards the subject creek. 16
It was therefore remarked that the pollution in the Amliang Creek
was contributed by different sources and that whatever the result of
DECISION
water sample to be collected is considered ambient water quality,

which meant that it is difficult to determine the percentage of the
contribution of each pollution source or this is considered a non-point
source of pollution.17
By reason of the foregoing events and findings, petitioners filed a
Petition for the Issuance of a Writ of Kalikasan and a Writ of
Continuing Mandamus with Application for a Temporary Environmental
Protection Order. The petitioners named the following as respondents,
to wit:
1) Nicasio M. Aliping, Jr., the Representative of
the Congressional District of Baguio;
2) Ramon J.P. Paje, the Secretary of the
Department of Environment and Natural Resources
(DENR);
3) Paquito T. Moreno, Jr., the Officer-in-Charge
Regional Director of DENR-Cordillera Administrative
Region (DENR-CAR);
4) Oscar C. Cabayanan, the Officer-in-Charge
Regional Director of the Environmental Management
Bureau-Cordillera Administrative Region (EMB-CAR);
5) Octavio B. Cuanso, the Officer-in-Charge of the
Provincial Environment and Natural Resources Office
(PENRO);
6) Julio D. Lopez, the Officer-in-Charge of the
Community Environment and Natural Resources Office
(CENRO);
7) Engineer Samson Paquit, the Officer-in-Charge
of the Municipal Environment and Natural Resources
Office (MENRO) of Tuba, Benguet;
8) Florencio V. Bentrez, the Municipal Mayor of
Tuba, Benguet;
9) Engineer Prudencio Adarog Pinkisan, the
Municipal Assessor of Tuba, Benguet; and
10) Police Chief Inspector William B. Willie, the
Chief of Police of the Tuba Municipal Police Station (PNP
Tuba).
Petitioners alleged that this case is brought under the principle of
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inter-generational equity which imposes on the present generation the

duty to protect the environment and to pass on its bounty to the
coming generations, to put a stop to activities which contribute to the
degradation of Mount Santo Tomas.
The petitioners cited four (4) anthropegenic activities in the
Mount Santo Tomas Forest Reserve which contribute to its
degradation, viz.:
A. Mount Santo Tomas is the site of illegal tree-cutting
and massive earth-moving activities caused by
Respondent Rep. Nicasio M. Aliping, Jr.;
B. Deforestation due to expansion of vegetable gardens
and residential areas; unwarranted issuances of tax
declarations covering lands within the forest reserve;
recent concreting of the Mount Kabuyao Highway
has increased the concreted surface in the forest
reserve;
C. Mount Santo Tomas is the site of relay stations of
communication and television outfits; and
D. Mount Santo Tomas is the site of illegal small-scale
mining activities.
According to the petition, the foregoing anthropogenic activities
degrade the sustainability of the Mount Santo Tomas Forest Reserve
in grave violation of the constitutional right of the inhabitants of Tuba,
Benguet, Baguio and San Fabian, Pangasinan to a safe, healthful, and
balanced ecology. The road-opening project has disturbed the stability
of the mountain slope resulting in massive landslides which are
aggravated by rains. The BWD's reliance on the Amliang dams has
been considerably reduced owing to its contamination. Thus, the
petitioners pray for the immediate issuance of a Temporary
Environmental Protection Order.
The petitioners further prayed that, after trial on the merits,
judgment be rendered granting the privilege of the Writ of Kalikasan
and Writ of Continuing Mandamus, commanding relief by compelling:
xxx
“1. Respondents DENR, DENR-CAR, and EMB-CAR
through their respective heads, to perform [their] mandate under the
laws, and to take SHORT TERM and LONG TERM measures to
conserve whatever remains of the Mount Santo Tomas forest
reserve, including but not limited to the following:
DECISION
A. By deploying personnel to guard against further

cutting of trees, illegal excavation and other forms of
earth-moving activities, illegal mining, construction of
houses and other buildings, and expansion of
vegetable gardens;
B. To come up with a comprehensive plan to
mitigate the pollution/contamination of the springs and
the river system resulting from the erosion by
earthmoving activities, illegal logging, agricultural and
human settlement activities; and
C. To initiate the necessary actions to nullify tax
declarations covering portions of the forest reserve
which have been issued in violation of the laws.
2. Respondent Municipality of Tuba through Hon. Mayor
Florencio Bentrez, to comply with its duty to protect the environment
within its jurisdiction and protect the interests of its constituents
under the general welfare clause, and in particular:
A. To come up with the necessary ordinance
outlawing the issuance of tax declarations over portions
of the Mount Santo Tomas forest reserve, and
prohibiting the alienation of portions of the same;
B. To coordinate with the DENR-CAR, PENRO,
CENRO and other government agencies in guarding
the forest reserve against further cutting of trees, illegal
excavation and other forms of earth-moving activities,
illegal mining, construction of houses and other
buildings, and expansion of vegetable gardens; and
C. To incorporate the conservation of the Mount
Santo Tomas forest reserve in its Environmental Code,
or if there be none, for said respondent to immediately
take steps to pass such a code.
3. Respondent Rep. Aliping:
A. To rehabilitate the portions of the forest reserve
which have been destroyed by the road-opening
activity, more particularly- that 2-kilometer stretch which
starts from Respondent's claimed property down to the
river at the bottom of the mountain – by conducting
massive planting of trees.
B. To undertake – at his own expense – measures
to minimize, and if possible, prevent the further siltation
and contamination of the Amliang Dams 1, 2A, 2B and
3 utilized by the BWD.
xxx
In its Resolution18 dated September 30, 2014, the Supreme

DECISION
Court issued a Writ of Kalikasan against respondents, returnable to

this Court. It also issued a Temporary Environmental Protection Order
ordering:
(a) Respondent Representative Nicasio M. Aliping,
Jr. and those acting for and in his behalf, to CEASE and
DESIST from performing acts to develop or enhance the
property located at Mount Santo Tomas Forest Reserve
which the said respondent claims to be his and/or his
brother's, which acts include improving the old building
standing on the land, building any structure thereon,
continuing with the road opening activities, concreting any
part of the road, and for the said respondent to
immediately take steps to MITIGATE the contamination of
the Amliang dams due to the erosion emanating from his
road opening activity;
(b) Respondent Municipality of Tuba, through Hon.
Mayor Florencio Bentrez, to CEASE and DESIST from
accepting applications for issuance of tax declarations over
lands within the Mount Santo Tomas Forest Reserve; from
processing applications which have already been filed; and
from issuing tax declarations which have already been
processed and approved; and
(c) Respondent PNP Tuba, through Chief of Police
PCI William B. Willie, to enforce environmental laws which
include the apprehension of violators of forest laws, mining
laws and other environmental laws.
The Supreme Court also referred the case to this Court for
acceptance of the return of the writ, for hearing, reception of evidence
and rendition of judgment.
Respondents Ramon J.P. Paje, Paquito T. Moreno, Jr., Oscar C.
Cabayanan, Octavio B. Cuanso, Julio D. Lopez and William B. Willie,
through the Office of the Solicitor General, submitted their joint Return
of the Writ, espousing their defense that they were never remiss of
their duties in implementing the environmental laws, rules and
regulations,19 alleging that:
As early as February 1, 2013, that is, before the
trekkers' discovery of earth-moving activities at the peak of
Mount Santo Tomas, the DENR-CAR PENRO and the
Tuba Ecological Area Management Center, Inc. (TEAMCI)
had already entered into an agreement for the
maintenance and protection of the thirteen hectares of
DECISION
national greening program areas established in Tuba,

Benguet to further strengthen environmental stability and
raise awareness on the importance of forest protection and
management. The TEAMCI produced seedlings for
replanting, ring weeding, replanting, stalking, and fruit
which were planted in Tuba, Benguet. The TEAMCI also
continued to conduct patrol work around the protected
area.
The DENR-CAR, through the PENRO, also entered
into a Community-Based Forest Management Agreement
with the TEAMCI for the rehabilitation and protection of the
Santo Tomas Forest Reserve, in conformity with DAO No.
96-29.
These actions coincided with the National Greening
Program established under E.O. No. 26, a forest
rehabilitation program of the government that seeks to
grow 1.5 billion trees in 1.5 million hectares nationwide
within six years, from 2011 to 2016. With limited funding
from the government, the DENR has continuously
partnered with different people's organizations to protect
the Mount Santo Tomas Forest Reserve, and to plant more
trees in the reserve, as shown by the list 20 of the
organizations and the corresponding number of seedlings
they planted in the forest reserve for 2011 to 2013. The
CENRO and PENRO have also batted for an integrated
watershed management plan to ensure sustainable forest
management.
In addition, DENR-CAR has conducted forest
protection activities within the forest reservation as shown
by no less than ten cases filed against violators, ten
confiscations, and two convictions for violation of P.D. No.
705, as reflected in the 'Inventory of Apprehended and
Confiscated Forest Products, Conveyances Tools and
Equipment.'
Furthermore, DENR-CAR OIC-Regional Director
Paquito T. Moreno, Jr. immediately instructed the DENR-
CAR PENRO to conduct an investigation after the DENR-
CAR was notified of the illegal excavation at the peak of
Mount Santo Tomas.
The DENR-CAR and the CENRO did not stop there.
They filed a complaint dated June 6, 2014 before the Office
DECISION
of the Prosecutor of Benguet, against Congressman

Aliping, Jr., the directors and corporate officers of Goldrich
Construction, R.U. Aquino Construction and Development
Corporation, and BLC Corporation for violation of Sections
77 ad 78 of P.D. 705, the Revised Forestry Code of the
Philippines, for the illegal construction of a new road
opening, earth moving activities, illegal tree-cutting, and
forest destruction at Sitio Pongayan, Santo Tomas,
Poblacion, Benguet, which is within the Santo Tomas
Forest Reservation Area.
The DENR-CAR CENRO also issued a cease and
desist order against the construction activities being
conducted in Pongayan and Amliang, Poblacion, Tuba,
Benguet.
Moreover, the DENR-CAR PENRO OIC Cuanso also
asked Mayor Bentrez of Tuba, Benguet to remind the
municipal assessor to advise applicants of new tax
declarations to first secure a certification from the CENRO
that their lot is within alienable and disposable land of
public domain.
The DENR-CAR also continuously deployed forest
protection personnel to the different parts of Benguet,
issued stoppage orders to illegal small-scale miners,
responded to forest fire incidents, and confiscated forest
products, conveyances, and tools, which proves that it
required compliance with the provisions of P.D. No. 705,
R.A. No. 9275, and other environmental laws and
regulations.
The public respondents professed their commitment to perform
their respective legal mandates under the law, and to continuously
implement adequate safeguard measures through a collaborative
inter-agency approach, for the protection and conservation of the
country's forest reservation areas.
For his part, Respondent Nicasio M. Aliping, Jr. filed his Verified
Return21 alleging the following:
He is the claimant of a parcel of vegetable land and a
parcel of rootcrop and camotal land situated at Mami Cave,
Cabuyao, Poblacion, Tuba, Benguet covered by ARP Nos.
99-001-05853 and 99-001-05854 which he purchased from
Rosalie O. Leistner and the late Felimon Coyupan. The
claim consists of an area of 2.6885 hectares and is
DECISION
surrounded by several vegetable gardens, two old roads

(one leading to Amliang Creek and the other leading to the
mummy cave), a small access road that leads to the said
claim, two dried-up creeks, and the claim of Samuel Diego.
On the top portion consisting of more or less 3,000 square
meters, an old residential house was built by the former
owner, Rosalie O. Leistner.
Since the terrain is semi-rolling with a cliff,
Respondent Aliping intended to have it excavated and
levelled and to improve the existing access road that leads
to his claim. He requested the Office of the Municipal
Mayor of Tuba, Benguet, Mayo Florencio V. Bentrez for
excavation permit, and the office of Punong Barangay of
Barangay Poblacion, Tuba, Benguet, Oliver K. Paus for his
endorsement, through letters dated April 14, 2014.
On May 20, 2014, he received a letter from the Office
of Mayor Florencio V. Bentrez enjoining him to immediately
institute mitigating measures and avoid further damage to
the water supply of the Baguio Water District below the
property. In response, he wrote a letter to Mayor Bentrez
informing the latter that he is undertaking and instituting
such measures.
On May 27, 2014, he received another letter from
Mayor Bentrez to immediately stop the said excavation, to
which he complied.
Thereafter, a complaint for violation of Sections 77
and 78 of Presidential Decree No. 705, Revised Forestry
Code, was filed on June 6, 2014 by the Benguet PENRO
with the Benguet Provincial Prosecutors Office docketed as
NPS No. 1-05-INV-14F, principally against him. In his
counter-affidavit, he maintained that he has nothing to do
with the road opening and the felled or uprooted trees
along the road outside of his claim. He further declared in
his counter-affidavit that he has no participation
whatsoever, was never present in the place where the
alleged violation of Sections 77 and 78 of P.D. 705 was
committed, and did not commit any act showing conformity
to the commission of the acts complained of. The three
backhoes that were found inside his claim and on the
existing dirt road leading to it were used exclusively for the
excavation of the top portion of his claim.
DECISION
On June 2, 2014, the EMB-CAR initiated Case No.

NAF/NOV-039-2014 pursuant to P.D. No. 1586,
Establishing an Environmental Impact Statement (EIS)
System, and issued a Notice of Violation cum Cease and
Desist Order principally to him. The EMB-CAR came out
with its finding that the excavation within his claim was
undertaken without first securing an Environmental
Compliance Certificate (ECC) in violation of Section 4, P.D.
1586 and imposed on him the penalty of fine in the amount
of P50,000.00. He admitted the lack of an ECC for the
excavation and has paid the fine.
On June 26, 2014, The Baguio Water District,
through its General Manager Engr. Salvador M. Royeca,
filed a complaint with the Pollution Adjudication Board
against him for alleged violations of R.A. No. 9275, also
known as the Clean Water Act of 2004. The Pollution
Adjudication Board has remanded the case to the EMB-
CAR with information given to Complainant Baguio Water
District that based on the preliminary investigation by the
Regional Office, they observed that there are several
possible causes/sources of water turbidity. Whatever water
sample to be collected from Amliang Creek, therefore, is
considered ambient water quality and it is difficult to
determine the percentage of contribution of each source or
is considered a non-point source of pollution.
During the Preliminary Conference held on November 27, 2014,
the parties signified their willingness to enter into a compromise
agreement. The parties were then directed to submit their Compromise
Agreement on or before December 15, 2014. 22 Upon motion, the
parties were granted an extension of until January 14, 2015 to submit
their Memorandum of Agreement, as it was still undergoing revisions.
The parties, despite the extended period, failed to submit a
consent decree, hence, the preliminary conference of the case
proceeded, where they stipulated and admitted the existence of the
following:
1. Mount Santo Tomas hosts the head waters of the
Bued River;
2. Mount Santo Tomas Forest Reserve hosts several
natural springs that supply the three catchment dams of
the Baguio Water District;
3. The water in these dams supply clean water to
DECISION
households of the Municipality of Tuba, Benguet and

Baguio City;
4. On April 14, 2014, Respondent Congressman
Nicasio Aliping, Jr. sent a letter-request to Punong
Barangay Oliver Paus asking for endorsement from the
Barangay Council as a requirement for the issuance of an
excavation permit;
5. On May 15, 2014, Mayor Florencio Bentrez of
Tuba sent a letter to Congressman Aliping, Jr. attaching
thereto a May 13, 2014 letter of BWD General Manager
Engr. Salvador Royeca stating the effects of Respondent
Nicasio Aliping, Jr.'s earth moving activities on the water
quality;
6. In a letter dated May 21, 2014 Congressman
Nicasio Aliping, Jr. stated that he was undertaking and
instituting measures to avoid further damage to the plants,
trees and dam 3 of the Baguio Water District;
7. On May 27, 2014 Mayor Florencio Bentrez of
Tuba sent a letter to Congressman Nicasio Aliping, Jr.
asking the latter to immediately stop his earth-moving
activities in Mt. Sto. Tomas;
8. No environmental compliance certificate, tree
cutting permits, special land use permit, road right of way
or excavation permit were issued by the DENR-CAR and
the Municipality of Tuba, Benguet for the aforementioned
activities of the said respondent;
9. A criminal complaint for violation of Sections 77
and 78 of P.D. No. 705 docketed as NPS No. 1-05-INV-14F
against Congressman Nicasio Aliping, Jr. and the owners
of the three (3) construction firms is pending before the
Department of Justice;
10. A case for violation of R.A. No. 9275 filed on June
26, 2014 by Baguio Water District against Congressman
Nicasio Aliping, Jr., William T. Go (Goldrich Construction
Trading), Romeo U. Aquino (R.U. Aquino Construction &
Devt Corp.), and Bernard O. Capuyan (BLC Construction &
Aggregates) is pending before the Pollution and
Adjudication Board of the DENR-CAR;
11. Illegal small-scale mining continues to operate in
DECISION
the interior areas of Mount Santo Tomas;

12. Mount Santo Tomas area comprises several
sitios including Sitio Cabuyao in Barangay Poblacion,
Tuba, Benguet;
13. Sitio Cabuyao is an existing community with a
population of 1,815 inhabitants belonging to more or less
550 households;
14. The residents and inhabitants of Sitio Cabuyao
are engaged in vegetable farming, small-scale mining and
other commercial and tourism-related activities;
15. The DENR-CAR, through the PENRO, entered
into a Community-Based Forest Management Agreement
with the Tuba Ecological Area Management Center, Inc.
(TEAMCI) for the rehabilitation and protection of the Santo
Tomas Forest Reserve;
16. The PENRO and the TEAMCI entered into an
agreement for the maintenance and protection of the
established thirteen hectares of National Greening
Program areas in Tuba, Benguet on February 1, 2013;
17. In 2013, the Mines and Geosciences Bureau of
the DENR-CAR issued a stoppage order against Teodoro
Lang-ayan for illegally conducting small-scale mining and
processing activities over areas near the Santo Tomas
Forest Reserve;
18. The then DENR Secretary Jose L. Atienza, Jr.
issued Memorandum dated July 13, 2009 reminding the
regional executive directors against the illegal issuance of
tax declarations by local government units without
clearance from the DENR;
19. Respondent PENRO OIC Octavio Cuanso
requested Mayor Florencio V. Bentrez of Tuba, Benguet to
remind the municipal assessor to advise applicants for new
tax declarations to secure a certification from the CENRO
that their lots are within alienable and disposable land of
public domain;
20. The CENRO also issued a cease and desist
order on May 26, 2014 against the construction activities
being conducted in Pongayan and Amliang, Poblacion,
Tuba, Benguet;
DECISION
21. The EMB-CAR issued a Notice of Violation cum

Cease and Desist Order dated June 2, 2014 against
Congressman Aliping, Jr., BLC Construction and
Aggregates, RUA Construction and Development
Corporation, and Goldrich Construction for violation of P.D.
No. 1586;
22. The EMB-CAR imposed a penalty of P50,000.00
against Congressman Nicasio M. Aliping, Jr. for violation of
Section 4 of P.D. No. 1586; and
23. On June 6, 2014, employees of the DENR-CAR
and CENRO, La Trinidad, Benguet filed a complaint before
the Office of the Prosecutor of Benguet against
Congressman Nicasio M. Aliping, Jr. and the directors and
corporate officers of Goldrich Construction, R.U. Aquino
Construction and Development Corporation, and BLC
Corporation for violation of Sections 77 and 78 of P.D. No.
705, for the illegal construction of a new road-opening, as
well as earth-moving activities, illegal tree-cutting, and
forest destruction at Sitio Pongayan, Sto. Tomas,
Poblacion, Benguet, within the Sto. Tomas Forest
Reservation Area.
After the pre-trial conference was terminated, trial ensued.
Petitioners presented their witnesses, viz.: Lunes Marcelo, Oliver
Bilango, Melchor A. Milo, Myles delos Reyes and Felix Siplat. Tuba
Mayor Florencio V. Bentrez testified after being summoned through a
subpoena ad testificandum.
Oliver Bilango testified through his Judicial Affidavit 23 that he is a
Forest Protection Officer of DENR-CAR, CENRO. He is one of the
members of the team of DENR-CAR that first went to Mount Santo
Tomas, Poblacion, Tuba, Benguet and saw the construction,
excavation, and tree-cutting activities of Congressman Aliping, Jr. in
the said area. He also testified that his team took photographs of the
area of investigation where they found several heavy equipment,
excavated roads, cut trees, and several earth-moving activities. After
submitting their reports on the matter, his team prepared a criminal
complaint for violation of P.D. No. 705, as amended, against
Congressman Aliping, Jr.
Lunes Marcelo, Forestry Management Specialist of the DENR-
CAR, CENRO, testified, by way of his Judicial Affidavit, 24 that he was
one of the members of the team of DENR-CAR that first went to Mount
Santo Tomas and conducted an investigation. He corroborated Oliver
DECISION
Bilango's testimony as well as the allegations in the Petition with

respect to the participation of the DENR-CAR and their findings.
Felix Siplat also testified by way of a Judicial Affidavit. 25 He
stated that as a resident of Santo Tomas and a member of the Bantay
Gubat that guards the Santo Tomas Forest Reserve, he and his
community had been aware of Congressman Aliping, Jr.'s excavation
activities but were initially unaware that the activities did not have
necessary permits. When they came to know about the lack of permits,
Felix Siplat and his companions inspected the excavation site. He saw
that Congresman Aliping, Jr.'s lot was excavated, and on both sides
were two newly-excavated road openings on what used to be a
forested area. During the inspection, it was raining lightly. They noticed
that the light rain caused the soil from the excavation to erode
downhill. There was no more activity during that time and the heavy
equipment used to excavate was not there anymore. Then, they
alerted the Tuba Indigenous Peoples' Organization which in turn
alerted the media.
Myles delos Reyes, through his Judicial Affidavit, 26 testified that
he is one of the employees of BWD who are members of the Non-
Revenue Water Team. He was assigned by the BWD to investigate, on
April 28, 2014, May 16, 2014, May 22, 2014 and May 23, 2014, the
water systems on Mount Kabuyao after learning of the road
development undertaken on the same mountain. He took pictures
during the investigation which formed part of the Petition and identified
them. He maintained that, based on the investigation of the technical
persons from BWD, the construction of the road was primarily
responsible for the turbidity and siltation of the Amliang Creek,
because the bulldozed roads resulted into massive soils that were
brushed aside the cliffs which lead down to the water sources Dam 1,
Dam 2-A, 2-B and 3.27
Melchor Milo, also by way of Judicial Affidavit,28 testified that he
and his family are claiming ownership of an area of the forest reserve
consisting of 57.99 hectares. The area is covered by Tax Declaration
No. 8894 and ARP No. 99-33-00105, Municipal Assessor's Office,
Tuba, Benguet in the name of their great grandfather Magangos. The
tax declaration in the name of Magangos was issued on January 21,
1918. He testified that sometime in December of 2012, he and some
companions went to conduct an inspection of their claimed property
located in Mount Santo Tomas, Salaabo, Twin Peaks, Tuba. They went
there on the basis of the information that there were illegal mining and
logging activities going on in the forest reserve. Thereupon, he saw
hundreds of illegally-cut pine trees scattered all over the mountain and
DECISION
also 27 adits (portals leading to mine tunnels) and three (3) to four (4)
ball mills. He wrote Governor Fongwan to acquire the necessary
permit to mine it themselves or have it contracted to a mining firm. He
received a letter reply from the OIC-Regional Director of the Mines and
Geosciences Bureau (MGB), DENR-CAR Fay W. Apil, enlightening
him on the requirements of small-scale mining or contracting with a
mining firm. He again wrote Governor Fongwan regarding the illegal
mining and logging activities conducted in their claimed property within
the forest reserve.
Thereafter, the CENRO, PENRO, the Sangguniang
Panlalawigan of Benguet, barangay officials and the PNP-Tuba
conducted investigations and found out that no small-scale mining
permit was issued to Texas-Mexico Miners Association or to any small-
scale miner in the said area. The MGB-DENR-CAR came up with a
Memorandum recommending the issuance of a Stoppage Order to the
officers and members of the mining association until such time that
their area be declared as a “minahang bayan”. A Stoppage Order was
later issued on November 11, 2013 against the miners 29 but was not
immediately served on Mr. Teodoro Lang-ayan, the leader of the
Texas-Mexico Miners Association, which members were conducting
the mining activities. The MGB called for a dialogue with Mr. Lang-
ayan and his members on November 11, 2013. During the dialogue, it
was agreed that the miner's association would stop its small-scale
mining activities in compliance with the stoppage order and a 15-day
grace period was given to the miners to process their ore stockpile.
Despite these said agreement, the miners' association continued
its illegal mining activities. Melchor Milo then followed up his complaint
before the MGB DENR-CAR which reiterated the Stoppage Order. 30 It
issued a Memorandum Report confirming the 27 adits located on the
slope of the mountain facing Sitio Camp 6 and Camp 4, as well as
along the headwaters of the creek. The report also confirmed that
there were indiscriminate dumping of mine wastes along the
waterways which lead to the Bued River. Melchor Milo again went to
the mining sites and wrote a letter to the MGB DENR-CAR attaching
photographs of the illegal mining and logging activities in the forest
reserve.
Municipal Mayor Florencio Bentrez of Tuba, Benguet, one of the
respondents, testified31 on the presence of several business
establishments in Mount Santo Tomas and Mount Kabuyao. He
affirmed that his municipality issued business permits to those selling
fruits, vegetables, wagwagans, pasalubong items, and coffee shops.
He also affirmed that some of the establishments started operating
DECISION
years ago before the Supreme Court issued the TEPO, and some just
sprouted as late as December 2014 and January 2015, bringing the
number of stalls therein to around 70 to 80. When asked about the
requirements for the issuance of business permits, Mayor Florencio
Bentrez stated that his office does not require environmental permits
from the PENRO despite the fact that these businesses operate within
a forest reserve.
After the petitioners' offer of evidence and their admission, the
respondents presented their evidence.
For the part of respondent public officials, the Office of the
Solicitor General presented the testimonies of Oliver Cuanso and Alex
C. Luis. Tuba Municipal Assessor Prudencio Pingkisan testified after
being issued a subpoena ad testificandum.
Oliver Cuanso, OIC-DENR, testified, through his Judicial
Affidavit,32 to prove that the DENR-CAR ensured that the provisions of
P.D. No. 705, R.A. No. 9275, P.D. No. 1586 and other environmental
laws, rules and regulations pertaining to forest reserves have been
complied with and that the DENR was not remiss in their duty to
protect the environment.
Alex C. Luis, OIC-Chief of the Environmental Monitoring and
Enforcement Division (EMED), EMB-CAR, also testified through his
Judicial Affidavit,33 to prove that EMB-CAR ensured strict compliance
with the provisions of R.A. No. 9275, P.D. No. 1586 and other
environmental laws and regulations, and that public respondents are
not remiss in their duty to protect the environment. His testimony
mainly corroborated the allegations in the public respondents' Return,
with respect to those concerning the EMB-CAR.
He added that as regards the Bued River, the EMB-CAR
undertook the following actions: (1) the six stakeholders adopted some
portions of the Bued River under the Adopt-An-Estero Program of the
EMB, DENR, Philippine Economic Zone Authority (PEZA), Texas
Instruments, Phil. (TI), Camp 6 Explorers Small Scale Miners
Association (CESSMAI), ML Carantes Development and General
Construction Enterprise (MLC), Mountain Rocks Aggregates (MRA),
and Baguio City National High School (BCNHS); and (2) The Bued
River is proposed to be designated as a Water Quality Management
Area (WQMA) by the EMB-CAR, and the activities undertaken in 2014
included consultative meetings with the LGU and other stakeholders,
monthly water sampling, action planning, Information Education
Campaigns (IEC's), and drafting of proposals. The DENR-CAR
entered into Memoranda of Agreement with several stakeholders,
DECISION
particularly with Camp 6 Explorers Small Scale Miners Association, 34

ML Carantes Development and General Construction Enterprise 35 and
Mountain Rocks Aggregates.36 The EMB-CAR also undertook a study
with the University of the Cordilleras Center of Geographic Information
Science entitled "Tracking Sources of Pollutants in Bued River Using
Geographical Information Systems (GIS)" from May 27, 2013 to July
15, 2013.37
Mr. Prudencio Pingkisan, the Municipal Assessor of Tuba,
Benguet since 1995, testified38 pursuant to a Subpoena ad
Testificandum, stating that his functions as Municipal Assessor are
enumerated in Section 472, paragraph B of the Local Government
Code of 1991 and that his main function is to ensure that all laws and
policies governing the appraisal and assessment of real properties for
taxation purposes are properly executed. He explained that before the
Municipal Assessor could issue a tax declaration, he requires the
declarant to submit a survey plan certified by the DENR; then an
ocular inspection is conducted to determine the actual use of the
property. It is also required of the declarant to submit a joint affidavit of
two (2) disinterested persons stating that the property has been
occupied and possessed by the declarant for fifty (50) years. A
certification duly signed by the barangay captain certifying that the
property has been occupied and possessed by the declarant prior to
July 4, 1955, pursuant to Section 75 of P.D. No. 705, is also required.
If the requirements are met, the tax declarations are prepared and
transmitted to the Provincial Office for review and approval. He
admitted that he is aware of Mount Santo Tomas being a forest
reserve but despite such proclamation, he nevertheless issued tax
declarations by virtue of an ordinance promulgated by the Provincial
Board of Benguet on September 29, 1999 authorizing the Provincial
Assessor's Office to give due course to applications for tax
declarations over certain reservations in the Province of Benguet. 39
The ordinance was recalled in 2013, prompting him to stop issuing
new tax declarations since then, despite the DENR Memorandum
issued by DENR Secretary Jose L. Atienza as early as July 8, 2009 40
reminding the local government units to refrain from issuing tax
declarations without DENR clearance.
Private Respondent Congressman Nicasio Aliping, Jr. testified on
his own behalf, also by way of Judicial Affidavit 41 which he identified in
open court. Upon receipt of the Temporary Environment Protection
Order issued by the Supreme Court in this case, he ceased with the
excavation activities on his claim situated at Mami Cave, Cabuyao,
Poblacion, Tuba, Benguet, and he had immediately taken steps to
mitigate erosion in the area by continuous planting of Benguet pine
DECISION
and coffee seedlings. He reiterated and confirmed the defenses he

raised in his Return. He admitted that Mount Santo Tomas has been
declared as a Forest Reserve by Proclamation No. 581. The forest
reserve was, for a considerable time the site of commercial logging
activities previously conducted by the Kairuz Lumber Corporation and
the Heald Lumber Company. Several dirt roads were opened by these
companies to transport timber from their logging concessions in Mount
Kabuyao and Mount Santo Tomas during the height of their operations,
and some of these roads still exist today. Within the forest reserve are
found a community, communication facilities, a military reservation and
vegetable gardens which are accessed via a concreted Mount Santo
Tomas Highway, several concreted farm-to-market roads and the dirt
roads used by the old logging concessions. He denied that Mr.
Coyupan is his employee, contrary to the testimony of Mr. Myles Delos
Reyes, and further denied that he had a participation in the road
opening.42 He likewise denied that the two roads originating from his
claim, one going to Sitio Amliang and one going to Sitio Bekkel, were
newly opened, explaining that they were continuations of the two (2)
old logging roads previously established.
After the respondents rested their cases, We ordered an ocular
inspection to be conducted on February 16, 2015, with the Division
Clerk of Court acting as Commissioner. Together with representatives
of all parties, the team inspected the site of the earth-moving activities
in the claim of Congressman Aliping, Jr., the two roads emanating from
his claim, the vegetable gardens abounding the forest reserve, and a
site of illegal small-scale mining near Kennon Road in Camp 6, Tuba,
Benget, which, as agreed by the parties, is representative of the other
small-scale mining sites which are located deeper into the forest
reserve.
After the Commissioner submitted his report, 43 the parties
submitted their respective Memoranda, and thereafter, the case was
submitted for decision.
The parties agreed on the following issues for resolution by this
Court, to wit:
A. Whether or not the Temporary Environmental
Protection Order (TEPO) issued in this case by the
Supreme Court in its Resolution dated September 30,
2014 should be made permanent, the Writ of Kalikasan
extended and also made permanent and the Writ of
Continuous Mandamus likewise issued.
B. Whether or not the public respondents were remiss
DECISION
in the performance of their duties and responsibilities.

In addition, Respondent Aliping, Jr. questions in his Verified
Return the sufficiency of the territorial requirements of the petition, the
failure of the petitioners to exhaust administrative remedies before
resorting to the remedies of a Writ of Kalikasan and Continuing
Mandamus, and the failure to implead all alleged contributors to the
degradation of the forest reserve.
A Writ of Kalikasan is a remedy available to a natural or juridical
person, entity authorized by law, people's organization, non-
governmental organization, or any public interest group accredited by
or registered with any government agency, on behalf of persons whose
constitutional right to a balanced and healthful ecology is violated, or
threatened with violation by an unlawful act or omission of a public
official or employee, or private individual or entity, involving
environmental damage of such magnitude as to prejudice the life,
health or property of inhabitants in two or more cities or provinces. 44
The underlying emphasis in the Writ of Kalikasan is magnitude
as it deals with damage that transcends political and territorial
boundaries. It is a condition sine qua non in a petition for the issuance
of a Writ of Kalikasan and must be contained in the verified petition. 45
Petitioners alleged that the environmental damage to the Mount
Santo Tomas which hosts the headwaters of the Bued River would
prejudice the life, health or property of the inhabitants of Tuba,
Benguet, Baguio City and San Fabian, Pangasinan, stating in their
petition that:
xxx
"24. The activities which have degraded the Mount Santo
Tomas forest reserve affect the welfare of the inhabitants of two (2)
provinces, namely, Benguet and Pangasinan. The anthropogenic
activities discussed in the subsequent paragraphs impact on the
Mount Santo Tomas forest reserve as a watershed which, in turn,
affects the welfare of the inhabitants of Tuba and San Fabian, as well
as Baguio (which is geographically located within Benguet). For the
inhabitants of Baguio and Tuba the degradation of the Mount Santo
Tomas forest reserve means landslides and the loss of: a valuable
water source, a wildlife sanctuary and the aesthetics of a forest
cover. For the inhabitants of San Fabian, the degradation of the
Mount Santo Tomas forest reserve means the reduction and even
total loss of water for irrigation and the siltation of the Bued River
from landslides. xxx"
xxx
DECISION
Respondent Aliping, Jr. however alleged that the Petition cannot

be brought on behalf of the residents of San Fabian, Pangasinan who
allegedly stand to be affected by the deterioration of the Bued River
caused by the degradation of the Mount Santo Tomas Forest Reserve
due to man-made activities being conducted therein. He argued that
the Bued River flows from the slopes of the entire stretch traversed by
Kennon Road while the Amliang Creek and other tributaries from
Mount Kabuyao flow far away on the other side towards the slopes on
the stretch traversed by the Ben Palispis Highway, such that, if there
are any who are supposed to be affected, it should be the inhabitants
of Pugo and Rosario, both in La Union.
The parties stipulated that the natural springs hosted by Mount
Santo Tomas Forest Reserve supply the three catchment dams of the
BWD which in turn supply clean water to households of Tuba, Benguet
and Baguio City. Respondent Aliping, Jr.'s claim that the Amliang
Creek flows into the opposite side of the Bued River is not only
unsupported, but more so belied by his own exhibit, the
Memorandum46 dated December 15, 2014 of the EMB-CAR, stating
that the Amliang Creek joins the Bued River, viz.:
xxx
"3. On the matter of Amliang Creek, the farthest distance of
the Creek reckoned from the junction of Bued River and Amliang
Creek that was reached and monitored by the team is the Dam 3
intake of BWD (Annex "A" of the memo report). This is identified as
water sampling station STO-A (Sto. Tomas Amliang Creek) with
elevation 1,138 masl and approximately 2.70 kilometers from the
Bued River. x x x"
xxx
Bued River, which has a total mainstream length of 31

kilometers, drains the southern portion of the City of Baguio, a small
portion of the Municipality of Itogon and major part of the Municipality
of Tuba, Province of Benguet. The river flows further down through the
northern part of Pangasinan at the towns of Sison and San Fabian
until it empties into the Lingayen Gulf. 47
The Petition therefore satisfies the requirement that two or more
cities or provinces are affected by the environmental damage
complained of.
Respondent Aliping, Jr. also posits that petitioners have not
exhausted administrative remedies before initiating the present action
for the issuance of a Writ of Kalikasan and a Writ of Continuing
Mandamus.
DECISION
The doctrine of exhaustion of administrative remedies calls for

resort first to the appropriate administrative authorities in the resolution
of a controversy falling under their jurisdiction before the same may be
elevated to the courts of justice for review. It is settled that non-
observance of the doctrine results in lack of a cause of action, 48 which
is one of the grounds allowed by the Rules of Court for the dismissal of
the complaint.49 The Rules of Procedure for Environmental Cases
remain consistent with prevailing jurisprudence regarding the doctrine
of exhaustion of administrative remedies.50
The doctrine however is not inflexible. There are instances when
it may be dispensed with and judicial action may be validly resorted to
immediately. Among these exceptions are: (1) When the question
raised is purely legal; (2) when the administrative body is in estoppel;
(3) when the act complained of is patently illegal; (4) when there is
urgent need for judicial intervention; (5) when the claim involved is
small; (6) when irreparable damage will be suffered; (7) when there is
no other plain, speedy and adequate remedy; (8) when strong public
interest is involved; and (9) in quo warranto proceedings. 51
In the Petition's Application for a Temporary Environmental
Protection Order, it was alleged that:
xxx
“63. As this Petition is filed, these human-initiated activities
which degrade the Mount Santo Tomas forests continue. The
issuance of a Temporary Restraining Order (TEPO) is necessary to
restrain these activities so that whatever is left of the forests would
be conserved. The immediate restraint of these anthropogenic
activities is necessary to prevent the total destruction of the forest
reserve which – if not prevented – will cause irreparable injury to the
inhabitants of Baguio and Tuba who depend on Mount Santo Tomas
for their water supply, and to the inhabitants of San Fabian who rely
on the Bued River for their irrigation needs. The TEPO will also serve
to maintain what remains of the forest reserve in order that its
abundance may be passed on for the benefit of the future
generations.”
xxx
It clearly demonstrates this case falling within the exceptions to

the application of the doctrine of exhaustion of administrative
remedies, as it calls for an urgent need for judicial intervention,
irreparable damage being apparent and strong public interest being
involved.
Last of the preliminary issues raised by Respondent Aliping, Jr. is
the alleged failure of the petitioners to properly implead as
DECISION
respondents all of those whom they alleged as having contributed to

the degradation of the Santo Tomas Forest Reserve by means of the
improvements introduced on their claims even long before the
promulgation of the Rules of Procedure for Environmental Cases.
To implead all that have contributed to the degradation of the
Santo Tomas Forest Reserve would require naming the entire
community occupying the forest reserve at the very least, which would
run counter to the objective of the Rules to provide a simplified,
speedy and inexpensive procedure for the enforcement of
environmental rights and duties recognized under the Constitution,
existing laws, rules and regulations, and international agreements. 52
While they may be necessary parties, such that their joinder as
parties would accord complete relief, or a complete determination or
settlement of the claim,53 those who contributed to the degradation of
the Mount Santo Tomas Forest Reserve are not indispensable parties,
non-joinder of whom no final determination can be had in the action. 54
A person is not an indispensable party if his interest in the controversy
or subject matter is separable from the interest of the other parties, so
that it will not necessarily be directly or injuriously affected by a decree
which does complete justice between them.55
Now to the meat of the controversy.
The petitioners pray for the issuance of a Writ of Kalikasan and a
Writ of Continuing Mandamus against respondents. These two
remedies are both available under the Rules of Procedure for
Environmental Cases, to wit:
xxx
RULE 7
WRIT OF KALIKASAN
“Section 1. Nature of the writ. - The writ is a remedy available
to a natural or juridical person, entity authorized by law, people's
organization, non-governmental organization, or any public interest
group accredited by or registered with any government agency, on
behalf of persons whose constitutional right to a balanced and
healthful ecology is violated, or threatened with violation by an
unlawful act or omission of a public official or employee, or private
individual or entity, involving environmental damage of such
magnitude as to prejudice the life, health or property of inhabitants in
two or more cities or provinces.”
xxx
DECISION
RULE 8
WRIT OF CONTINUING MANDAMUS
“Section 1. Petition for continuing mandamus. - When any
agency or instrumentality of the government or officer thereof
unlawfully neglects the performance of an act which the law
specifically enjoins as a duty resulting from an office, trust or station
in connection with the enforcement or violation of an environmental
law rule or regulation or a right therein, or unlawfully excludes
another from the use or enjoyment of such right and there is no other
plain, speedy and adequate remedy in the ordinary course of law, the
person aggrieved thereby may file a verified petition in the proper
court, alleging the facts with certainty, attaching thereto supporting
evidence, specifying that the petition concerns an environmental law,
rule or regulation, and praying that judgment be rendered
commanding the respondent to do an act or series of acts until the
judgment is fully satisfied, and to pay damages sustained by the
petitioner by reason of the malicious neglect to perform the duties of
the respondent, under the law, rules or regulations. The petition shall
also contain a sworn certification of non-forum shopping.”
xxx
To avail of the privilege of a Writ of Kalikasan, there must be: (1)

an unlawful act or omission of a public official or employee, or private
individual or entity; and (2) an environmental damage of such
magnitude as to prejudice the life, health or property of inhabitants in
two or more cities or provinces.
On the other hand, the Writ of Continuing Mandamus is directed
against: (a) the unlawful neglect in the performance of an act which the
law specifically enjoins as a duty resulting from an office, trust or
station in connection with the enforcement or violation of an
environmental law, rule or regulation; or (b) the unlawful exclusion of
another from the use or enjoyment of such right, and in both instances,
there is no other plain, speedy and adequate remedy in the ordinary
course of law.
The petitioners cited four (4) anthropegenic activities in the
Mount Santo Tomas Forest Reserve which degrade the forest reserve
and its environs, and in total disregard of environmental laws, viz.:
A. Illegal tree-cutting and massive earth-moving
activities caused by Respondent Congressman
Nicasio M. Aliping, Jr.;
B. Deforestation due to expansion of vegetable gardens
and residential areas; unwarranted issuances of tax
declarations covering lands within the forest reserve;
DECISION
recent concreting of the Mount Kabuyao Highway

which increased the concreted surface in the forest
reserve;
C. Establishment of relay stations of communication and
television outfits; and
D. Illegal small-scale mining activities.
Illegal tree-cutting and massive

earth-moving activities caused by
Respondent Aliping, Jr.
It is a conceded fact that Respondent Aliping, Jr. caused earth-

moving activities in his claim without any environmental compliance
certificate, tree-cutting permit, special land use permit, road right of
way or excavation permit. In his letter dated May 21, 2014, he
undertook to institute measures to avoid further damage to the plants,
trees and dam of the BWD, in effect an admission that there was
indeed damage to the plants, trees and dam of the BWD caused by his
earth-moving activities. He acknowledged that by reason of the on-
going excavation being situated at a higher elevation, there is a
tendency of the soil to go down. 56
While he admits causing the levelling of his claim, Respondent
Aliping, Jr. denies responsibility of the road construction emanating
from his claim. Evidence on record however proves that the said
roads, both going in opposite directions from his claim, were not old
logging roads as he claims but are newly-opened, and has a total
length of more than 2 kilometers, which requires a permit pursuant to
P.D. No. 1586.
The three different investigations made by the BWD, CENRO
and EMB-CAR showed that the excavated earth materials from the
earth-moving activities and the road construction were dumped
downhill-side, affecting vegetation which included Benguet Pine Trees
and Angus Trees. This is also what was observed by the team who
conducted an ocular inspection in the area, as reported by the
Commissioner, to wit:
xxx
“x x x Off to the sides and back of the house and lot are steep slopes
showing evidence (scratches, gouges, exposed tree and plant roots,
smooth sides bereft of vegetation) that the debris from clearing and
levelling the yards of the house had been dumped over the sides of
the slopes. (Annexes "A-3", "A-4", "A-5" and "A-6"). Atty. Perez,
DECISION
however, manifested the presence of planted pine tree saplings all

around the property as well as boulders stacked all along the edges
of the lot to hold back soil erosion as Rep. Aliping's contributions in
mitigating any environmental damage supposedly being wrought
upon the premises due to the excavating and planting activities of
Rep. Aliping (Annexes "A-7", "A-8", and "A-9")." 57
xxx
The separate investigations showed that Congressman Aliping,

Jr.'s activities affected the facilities of the BWD, as the road
construction traversed an intermittent creek supplying the Amliang
Spring 3 source of the BWD, resulting in its siltation, and prompting the
BWD to plug the conveyance pipe to avoid further damage. During
heavy downpour, the debris dumped at the downhill-side of the road
necessarily washes down into the facilities of the BWD below.
Siltation has blocked some of the main pipes constraining the
installation of plastic pipe in order to bypass the clogged steel pipes.
Workers of the BWD Saturation Team have since been on patrol on a
daily basis to continually clear the dams. As reported by the
investigating team of the EMB-CAR in the Memorandum 58 dated
December 15, 2014, construction of silt pond and clearing of silt at the
inlet of Dam 3 were on-going at the time of investigation.
The said activities violate Section 4, P.D. No. 1586, Sections 77
(Cutting, Gathering and/or collecting Timber, or Other Forest Products
Without License) and 78 (Unlawful Occupation or Destruction of Forest
Lands and Grazing Lands) of P.D. No. 705 as well as Section 27(a) 59
of R.A. No. 9275. These unlawful acts of Respondent Aliping, Jr.
resulted in the massive destruction of plant life within the area and
threaten the pollution of, and damage to, the water resources of
Barangay Camp 6, Tuba, and Dam 3 of the BWD, and should
therefore be enjoined.
Issuance of tax declarations and

the proliferation of vegetable
gardens and residential areas.
The 1987 Constitution provides that all natural resources shall

not be alienated, with the exception of agricultural lands, 60 which are
the only alienable lands of the public domain. 61 Once the specific limits
of forest lands have been determined by law, such forest lands shall
be conserved and may not be increased nor diminished, except by
law.62 Lands classified as forest or timber, mineral, or national parks
are not susceptible of alienation or disposition unless they are
reclassified as agricultural.63 A positive act of the Government is
DECISION
necessary to enable such reclassification,64 and the exclusive

prerogative to classify public lands under existing laws is vested in the
Executive Department.65
Likewise, Proclamation No. 581 withdrew from entry, sale or
settlement the areas within the Santo Tomas Forest Reserve, subject
to private rights if any there be. This should be interpreted to mean
private rights that were acquired before the issuance of said
proclamation on July 8, 1940, 66 i.e., an uninterrupted possession of the
property as owners thereof for a period of thirty (30) years on the said
date.67
As claimed by Tuba Municipal Assessor Pinkisan during his
testimony, he merely started issuing tax declarations over lands within
the Mount Santo Tomas Forest Reserve in 1999 after the issuance of
the Provincial Ordinance authorizing the Provincial Assessor's Office to
give due course to applications for tax declarations over certain
reservations in the Province of Benguet. 68 He continued to do so until
the Ordinance was recalled in 2013 despite the Memorandum from the
DENR Secretary issued in 2009 reminding the local government units
to refrain from issuing tax declarations without DENR clearance, citing
the provisions of P.D. No. 705.69 It is duly established that the
Municipal Assessor's Office of Tuba has issued 637 tax declarations
covering portions of the Mount Santo Tomas Forest Reserve. 70
The acts of the Municipal Assessor is in blatant violation of
Section 84 of P.D. No. 705, which states that:
xxx
“Section 84. Tax Declaration on Real Property. –
Imprisonment for a period of not less than two (2) nor more than four
(4) years and perpetual disqualification from holding an elective or
appointive office, shall be imposed upon any public officer or
employee who shall issue a tax declaration on real property without a
certification from the Director of Forest Development and the Director
of Lands or their duly designated representatives that the area
declared for taxation is alienable and disposable lands, unless the
property is titled or has been occupied and possessed by members
of the national cultural minorities prior to July 4, 1955.”
xxx
By reason of the numerous tax declarations issued, human

settlements within the area proliferated. The growth of human
population not only caused the reduction of the forest cover but had
also given rise to garbage and sewerage disposal issues which would
contaminate water sources downstream. Numerous vegetable gardens
likewise inevitably sprouted. The higher demand for vegetable
DECISION
products causes the increase of hectarage for gardens, thereby

depleting the forest cover. The vegetable garden owners in the area
practice chemical-dependent high-input agriculture, which, in the long
run has caused the contamination of the soil and water sources.
According to the findings of the EMB-CAR, the Amliang Creek is the
drainage area of different anthropogenic activities which includes
agricultural farming. The grand scale of the vegetable gardens was
witnessed by the Commissioner during the ocular inspection:
xxx
"Next on the agenda was a visit to a representative site for
vegetable farms and gardens pre-selected by Atty. Claver which
seemed rather redundant at this point considering that since our
inspection party took the road to "La Presa" we had encountered
nothing less then (sic) one vegetable gardening site after another
growing a whole range of vegetable products such as cabbages,
potatoes, corn etc. However, our convoy as led by Atty. Claver to a
high point of the Sto. Tomas National Highway where we could
overlook a slope of Mount Sto. Tomas and one look was enough to
underscore the issue of wholescale unchecked vegetable gardening
affecting Baguio and Benguet. This because the slope in question of
Mount Sto. Tomas was carpeted from top to bottom and left to right
with row upon row of vegetable gardens (Annexes "B," "B-1" to "B-4",
inclusive). On a question from the Commissioner if there was any
corporate ownership of the vegetable gardens, Atty. Claver
manifested that most of the site were privately owned, which made
the massive scale of vegetable farming so serious a problem since
every private owner had his own system of cultivation which often
involved the use of chemical pesticides and fertilizers. Atty. Claver
manifested that she estimated some 80% of the farmers engaged in
this kind of chemical/pesticide farming, and the chemicals and
pesticides naturally leaked into the ground which would eventually
find their way into the water supplies of Baguio." 71
xxx
Aside from the vegetable gardens, Tuba Mayor Bentrez testified

that as of January 2015, there are at least 70 to 80 business stalls and
establishments erected within the forest reserve, and to which he had
issued business permits.72 The Commissioner has observed during the
ocular inspection that:
xxx
"x x x The word "road" is hardly deserving of the name, being
just a narrow constricted one-land unpaved and uneven dirt road
which was surrounded on both sides by numerous ramshackle
shanties or booths ('flourishing like mushrooms' [in] the picturesque
language of Mayor Florencio V. Bentrez during his testimony) doing
business from the 'La Presa' site which had become something of a
DECISION
tourist draw. The Commissioner noted garbage littering both sides of

the dirt road and the fields beyond. x x x" 73
xxx
Again, this is a blatant violation of Proclamation No. 581, as well

as Section 51 of P.D. No. 705 which provides that:
xxx
“Section 51. Management of Occupancy in Forest Lands. – x
xx
xxx
“Any occupancy in forest land which will result in
sedimentation, erosion, reduction in water yield and impairment of
other resources to the detriment of community and public interest
shall not be allowed.”
xxx
Mount Santo Tomas is the site of

relay stations of communication
and television outfits.
Mount Santo Tomas hosts several relay stations of television

outfits and communication companies. There are twenty-eight (28)
companies and groups which utilize more than a dozen
communication towers on the mountain peaks. Petitioners alleged that
the number of towers has contributed to the degradation of the forest
reserve as trees were needed to be cut to give way to necessary open
spaces for the structures.
The respondent public officials counter that the relay stations of
communication and television companies in Mount Santo Tomas and
Mount Cabuyao have not been shown to pose any environmental
hazard. These relay stations are covered by Special Land Use Permits
issued by the DENR after the requirements of law were complied with.
The permits are also subject to environmental laws and regulations
and additional terms and conditions annexed to the permits, the
compliance of which is validated by the CENRO and PENRO. The
additional terms and conditions are intended to involve the permit
holder to actively participate in the maintenance and conservation of
the forest reserve, otherwise the permit would be cancelled and the
bond deposit will be forfeited. The permit holders are also required to
submit reports to the DENR and the DENR officers are always allowed
to conduct inspection.
DECISION
Based on the Listings of Active Special Land Use Holders within

the Jurisdiction of CENRO La Trinidad for CY 2014 submitted by the
public respondents, there are 21 permit holders occupying a total area
of 4.4362 hectares.74 OIC-PENRO Octavio Cuanso explained how
these relay stations are monitored and regulated, to wit:
xxx
“Atty. Claver
Q : I bring your attention, Mr. Cuanso, to the
existence of communication towers and relay
stations. Do you have an exact count of how
many relay stations and facilities there are on
the top of Mt. Sto. Tomas?
A : I do not have the exact figure but there is a
Report again by the CENRO covering these
communication towers.
Q : Has the PENRO made an assessment of the
impact of the existence of these towers on the
environment of Sto. Tomas?
A : Insofar as communication towers are concerned,
it has little impact on the environment
considering that this covers a minimal area
where the towers were erected.
Q : Are you aware, sir, that in those facilities which
are actively manned, there are people who
reside there in order to attend to those towers,
are you aware of that?
A : Yes, ma'am.
Q : Has your office tried to look into how these
people in those facilities disposed of their
garbage or what they do with their toilets?
A : Yes and it belongs to the local government units.
Q : It is the local government unit?
A : Yes, ma'am, because pursuant to 9003, Solid
Waste Management Act. This function is under
the local government units.
Q : But this should also be the concern of the
PENRO because it is actually a forest reserve
but (sic) virtue of a Proclamation, is it not?
A : Yes, through the Memorandum of Agreement
entered into, we have to share with the local
government.
Q : There has been no effort to give notices to these
companies who own these facilities to do
something about the facilities in relation to
maintaining the environment?
A : There are because there are terms and
conditions of the Agreement for the land use
permit and they are supposed to comply with
these before it is renewed for the succeeding
year.
DECISION
Q : Is it not that it is the Secretary of the DENR

which gives the permits for these facilities to
operate?
A : Yes, ma'am.
Q : What exactly is the participation of PENRO in
relation to the renewal of these permits? Do you
give your indorsement?
A : The CENRO submits its Report and the PENRO
evaluates it and when it is in order, these are
transmitted to the regional office for further
action.”75
xxx
Other special land uses of forest lands are allowed under P.D.
No. 705, particularly under Section 57 thereof, as long as they have
beneficial purposes which do not in any way impair the forest
resources therein.76 Respondents have shown that these relay stations
were granted the necessary permits, and such issuances enjoy in their
favor the presumption of regularity, which the petitioners failed to rebut
by clear and convincing affirmative evidence. Petitioners failed to
establish any unlawful act or omission committed by any of the
respondents in allowing the relay stations, or that the permit holders
have violated the terms and conditions of their licenses. Every
reasonable intendment will be made in support of the presumption and
in case of doubt as to an officer’s act being lawful or unlawful,
construction should be in favor of its lawfulness. 77
Mount Santo Tomas has become

the site of illegal small scale mining
activities.
The existence of small-scale miners within the forest reserve has

been duly established. In fact, the DENR has issued stoppage orders
to at least seven (7) illegal small-scale miners, and at least one group
led by Teodoro Lang-ayan, operates on the side of the Mount Santo
Tomas area.78
Notwithstanding the stoppage orders, the illegal small-scale
miners continue to operate, as the said stoppage orders were yet to be
enforced. Melchor Milo claimed that the PNP refused to implement
them without a court order, to wit:
xxx
“Atty. Nacar
Q : May I refer you back to the issue on the
stoppage order and the PNP. Do you know if the
DECISION
PNP ever enforced the stoppage order?

Mr. Milo
A : During ocular investigations and ocular
inspections with the DENR Local Government
Units, the DENER, the MGB, Governor's office,
the PNP always, they always join us for
inspection as our escorts, like this and like that,
but the local PNP of the Municipality of Tuba
cannot enforce or implement the stoppage
orders on their own as they say that I still need
to go to court, like this and like that, to enforce
the stoppage order for the local judge, the
municipal judge to enforce the order.” 79
xxx
The BWD investigation showed that the small-scale mining

activities above Dam 3 caused massive erosions that contributed to
the turbidity of the water supply. The EMB-CAR has also
acknowledged in its Memorandum 80 dated December 15, 2014
addressed to the PAB, that Amliang Creek has been a drainage area
of several anthropogenic activities in Mount Santo Tomas, which
includes small-scale mining. Even the Commissioner, during the ocular
inspection, noted that:
xxx
“x x x [A]longside the mines site ran the Bued River, a narrow
strip of waterway with shallow but relatively fast flowing water and
that next to the riverbank were a couple of small piles of freshly dug
soil reddish in color. It would be reasonable to assume that the river
was being used as a dumping ground for the excavated soil (tailings)
from the mines, especially since there was a discolored brownish
portion of the river alongside of the mine before the flow of the river
restored the natural clear color of the water farther upstream
(Annexes “C-20” to “C-25”, inclusive). Atty. Claver manifested that
the color of the small piles of dug-up soil as well as a certain acrid
smell in the air arose from the chemical mercury which was being
used as part of the mining process. Another of petitioners' lawyers
added that the use of cyanide was almost certainly part of the
process, since this particular chemical is used to separate the mined
gold from the soil. On a question from the Commissioner as to where
the Bued River would flow to, Atty. Claver stated that the flow of the
river extended up to Nueva Ecija and Pangasinan, which statement
was admitted to by respondents' lawyers.” 81
xxx
In addition to the violation of Proclamation No. 581 and the

provisions of P.D. No. 705, small-scale mining without the necessary
small-scale mining contract and permit is a violation of R.A. No.
DECISION
7076.82
Confronted with these unlawful acts and omissions perpetrated
by the respondents, We determine whether there involves an
environmental damage of such magnitude that would prejudice the
lives, health or property of the people of Tuba, Benguet, Baguio City
and San Fabian, Pangasinan.
Congressman Aliping, Jr. submits a long and gothic yarn that the
anthropogenic activities cited by the petitioners have already been in
existence for several years, yet petitioners did not bring suit much
earlier to put a stop to these activities if protection of the environment
is their primary concern.
Whether these anthropogenic activities have been there years
back, is to Our mind, inconsequential. It is unfortunate that these
activities have not been arrested earlier but worse still if we remain
bouyant about it. We just cannot maintain a blasé attitude just because
things have already been on-going for decades, especially when we
are dealing with the primordial rights of the present and future
generations. It is never too late to effect change.
Precaution is an approach that espouses prudence where risk is
uncertain, but plausible. It is an addition to two basic tenets of
problem-solving: curing problems and preventing them. Under a
curative approach, the harm has already been realized, and measures
are created to reverse the harm, or require compensation for the costs
associated with harm.83 Under the preventive approach, measures are
taken to prevent known risks from materializing into actual harm. 84
Precaution requires even greater diligence than prevention, by calling
for measures to safeguard the environment even if the occurrence of
harm is uncertain.85 The precautionary principle affirms the need for
urgent measures given the unpredictable patterns of the environment,
and the harm resulting from its abuse. 86
In the evaluation of evidence, Rule 20 of the Rules of Procedure
for Environmental Cases allows for the application of the precautionary
principle when there is a lack of full scientific certainty in establishing a
causal link between human activity and environmental effect.
The precautionary principle is linked to a paradigm shift from a
model of risk theory in the context of the twentieth century to the
emergence of post-industrial risks,87 characteristic of a globalized
economy and the development of technology. Post-industrial risks may
cause damage that depends on a variety of factors, thus permeating
its evaluation with uncertainty. These factors may include time of
latency between the first exposure and the actual impact of damage,
DECISION
frequency, duration, extent, nature and scale. 88

In applying the precautionary principle, the following factors,
among others, may be considered: (1) threats to human life or health;
(2) inequity to present or future generations; or (3) prejudice to the
environment without legal consideration of the environmental rights of
those affected.89 The constitutional right of the people to a balanced
and healthful ecology shall be given the benefit of the doubt. 90
In the study undertaken by the EMB-CAR with the University of
the Cordilleras Center of Geographic Information Science entitled
"Tracking Sources of Pollutants in Bued River Using Geographical
Information Systems (GIS)",91 it was noted that:
xxx
"III. Database of non-point and point sources of pollution along Bued
River
"Population growth and rapid urbanization are inevitable factors that
influence water resource quality. Priya, Jebastina, and Arulraj (2012)
corroborates that 'industrial growth, and other developmental
activities have only resulted not only in high demand for water, but
also in the degradation of quality, which aggravated the water crisis.
xxx
Lohani (2008) argued that 'Water pollution originates from one of two
sources: point sources and non-point sources. Point source
pollutants are directed and released into water bodies in man-made
pipes. Effluents from industries and wastewater treatment plants are
examples of point source pollutants. Non point source pollutants are
washed from the earth's surface by storm runoff and enter water
bodies of their own accord. Examples of non-point source pollutants
are excess fertilizers, herbicides, and insecticides from agricultural
lands and residential areas; bacteria and nutrients from livestock, pet
washes, and faulty septic systems; oil, grease, and toxic chemicals
from urban runoff and energy production; sediment from improperly
managed construction sites, crop and forest lands, and eroding
stream banks; salt from roads and irrigation practices; and acid
drainage from abandoned mines."92
xxx
After the study, the results and findings were:

xxx
"Database of non-point and point sources of pollution along Bued
River
"Proliferation of illegal structures on the riverside was observed. It
was learned that fishes thrived in Bued River up to 2006 when small
DECISION
scale mining became a booming industry. Livelihood of people

affecting the Bued River is generally small scale mining where
farming and fishing became secondary.
The basemap used for the project was captured 2010. For a duration
of three years, a significant change in land use was observed during
the ground truthing activity. Through interviews, ti was found that
proliferation of houses was evident since the small scale mining
boom in 2006. As a result, 231 new structures were identified of the
1,413 total structures surveyed. The figure represents a twenty
percent (20%) increase structures for a period of three (3) years.
Soviti, Oche, and Ntshanga (2003) showed strong evidence that
land-use activities negatively impacts the quality of both river and
groundwater.
A total of 1,413 structures were surveyed. x x x During the field work,
it was learned that 35% of these structures were point sources, 55%
as non-point sources, and 10% as a combination of point and non-
point source." x x x93
xxx
The findings in the study is similar to the conclusions reached by

EMB-CAR in its Memorandum dated December 15, 2014, in that
Amliang Creek, a tributary of the Bued River, is a drainage area of
different anthropogenic activities which includes agricultural farming,
small scale mining, natural erosions, Sto. Tomas road widening, the
road construction and project development. 94
Collectively, the aforementioned anthropogenic activities within
the forest reserve are inimical to the protection and preservation of the
right of present and future generations of Filipinos to a balanced and
healthful ecology, as guaranteed by the Constitution. As emphatically
stated in the landmark case of Oposa v. Factoran;95 the right to a
balance and healthful ecology carries with it the correlative duty to
refrain from impairing the environment. The said right implies, among
many other things, the judicious management and conservation of the
country's forests. Without such forests, the ecological or environmental
balance would be irreversibly disrupted. 96 Not to be discounted is the
people's primordial right to access to clean water.
This is in line with the declared policy of the State to ensure the
sustainable use, development, management, renewal and
conservation of the country’s forest, mineral, land, off-shore areas and
other natural resources, including the protection and enhancement of
the quality of the environment, and equitable access of the different
segments of the population to the development and use of the
country’s natural resources, not only for the present generation but for
future generations as well. It is also the policy of the State to recognize
DECISION
and apply a true value system including social and environmental cost
implications relative to their utilization, development and conservation
of our natural resources.97
Upon the shoulders of the DENR rest the mandate to look into
the environmental concerns of the country. Sections 4 and 5 of
Executive Order No. 192 provides:
xxx
"Section 4. Mandate. The Department shall be the primary
government agency responsible for the conservation, management,
development, and proper use of the country's environment and
natural resources, specifically forest and grazing lands of the public
domain, as well as the licensing and regulation of all natural
resources as maybe provided for by law in order to ensure equitable
sharing of the benefits derived therefrom for the welfare of the
present and future generations of Filipinos.
xxx
"Section 5. Powers and Functions. To accomplished its
mandate, the Department shall have the following functions:
xxx
d. Exercise supervision and control over forest lands,
alienable and disposal lands, and mineral resources and in the
process of exercising such control the Department shall impose
appropriate payments, fees, charges, rentals and any such revenues
for the exploration, development, utilization or gathering of such
resources;
xxx
DENR is also the primary government agency responsible for the

implementation and enforcement of the Philippine Clean Water Act of
2004, and among its functions are:
xxx
"k) Exercise jurisdiction over all aspects of water pollution,
determine its location, magnitude, extent, severity, causes, effects
and other pertinent information on pollution, and to take measures,
using available methods and technologies to prevent and abate such
pollution;
l) Exercise supervision and control over all aspects of
water quality management;98
xxx
Section 21 of Chapter 4, Title XIV, Book IV of the 1987

Administrative Code further mandates the field offices of the DENR,
DECISION
such as the DENR-CAR, EMB-CAR, PENRO and CENRO, to

implement laws, policies, plans, programs, projects, and rules and
regulations of the DENR to promote the sustainability and productivity
of natural resources, social equity in natural resource utilization and
environmental protection, and also to coordinate with regional offices
of the departments, offices, agencies in the region and local
government units in the enforcement of natural resource conservation
laws and regulations, and in the formulation/implementation of natural
resource programs and projects.
Corollarily, the DENR and its field offices has the mandate to
implement the aforementioned environmental laws that were violated
by the respondents, such as R.A. No. 7076, R.A. No. 9275, P.D. No.
705, P.D. No. 1586 and Proclamation No. 581, among others.
As for the Municipality of Tuba, Section 16 of R.A. No. 7160, or
the General Welfare Clause of the Local Government Code of 1991,
clearly mandates that:
xxx
"Section 16. General Welfare. -- Every local government unit
shall exercise the powers expressly granted, those necessarily
implied therefrom, as well as powers necessary, appropriate, or
incidental for its efficient and effective governance, and those which
are essential to the promotion of the general welfare. Within their
respective territorial jurisdictions, local government units shall ensure
and support, among other things, the preservation and enrichment of
culture, promote health and safety, enhance the right of the people to
a balanced ecology, encourage and support the development of
appropriate and self-reliant scientific and technological capabilities,
improve public morals, enhance economic prosperity and social
justice, promote full employment among their residents, maintain
peace and order, and preserve the comfort and convenience of their
inhabitants." (emphasis supplied)
xxx
Furthermore, the MENRO has the duty to: (1) establish,

maintain, protect and preserve communal forest, watersheds, tree
parks, mangroves, greenbelts, commercial forests and similar forest
projects like industrial tree farms and agro-forestry projects, (2)
coordinate with government agencies and non-governmental
organizations in the implementation of measures to prevent and
control land, air and water pollution with the assistance of the DENR,
(3) be in the frontline of the delivery of services concerning the
environment and natural resources, particularly in the renewal and
rehabilitation of the environment during and in the aftermath of man-
made and natural calamities and disasters, and (4) recommend to the
DECISION
sanggunian and advise the governor or mayor, as the case may be, on
all matters relative to the protection, conservation, maximum
utilization, application of appropriate technology and other matters
related to the environment and natural resources,among others. 99
With these clear-cut duties of the respondent public officers, the
latter, particularly the DENR-CAR and the EMB-CAR, maintain that
they are mere nominal parties to the case, citing the devolution of
water quality management and regulation to LGUs under R.A. No.
9275, the Philippine Clean Water Act or 2004. The said law states that
while the DENR is the lead agency responsible for the law's
implementation and enforcement, it “shall gradually devolve to the
LGUs and to the governing boards the authority to administer some
aspects of water quality management and regulation. Section 20 of the
said law provides:
xxx
“Section 20. Role of Local Government Units. - Local
government units shall share the responsibility in the management
and improvement of water quality within their territorial jurisdictions.
“Each local government unit shall within six (6) months after
the establishment of the water quality management area action plan
prepare a compliance scheme in accordance thereof, subject to
review and approval of the governing board.
“Each local government unit shall, through its Environment
and Natural Resources Office (ENRO) established in Republic Act
No. 7160, have the following powers and functions:
a) Monitoring of water quality;
b) Emergency response;
c) Compliance with the framework of the Water Quality
Management Action Plan;
d) To take active participation in all efforts concerning
water quality protection and rehabilitation; and
e) To coordinate with other government agencies and
civil society and the concerned sectors in the
implementation of measures to prevent and control
water pollution: Provided, however, That in
provinces/cities/municipalities where there are no
environment and natural resources officers, the local
executive concerned may, with the approval of the
Secretary of the DENR designate any of his official
and/or chief of office preferably the provincial, city or
municipal agriculturist, or any of his employee:
Provided, finally, That in case an employee is
DECISION
designated as such, he must have sufficient experience

in environmental and natural resources management,
conservation and utilization."
xxx
Respondent public officials posit that, in view of the devolution of

its powers to the local government units, the DENR has been
relegated to policy-making and monitoring only. They alleged that
petitioners' prayer that the DENR, DENR-CAR and EMB-CAR, through
their respective heads, perform their respective legal mandates under
the law, among others, is tacit admission by the petitioners that the
public respondents are mere nominal parties in this case.
Public respondents DENR-CAR and EMB-CAR also plead that
they have faithfully complied with the provisions of P.D. No. 705, R.A.
No. 9275, P.D. No. 1586, and other environmental laws and
regulations.
Petitioners, while admitting that respondent officials of the
DENR-CAR, PENRO and CENRO took steps to initiate the filing of
charges against Congressman Aliping, Jr., averred that they acted a
little too late considering the massive destruction already caused. If not
for the concerned trekkers, the on-going tree-cutting and bulldozing in
Mount Santo Tomas would not have come to the attention of the
respondent government agencies, leaving much to be desired from
these government agencies.
We recognize the actions undertaken by the respondent
government officials in response to the reported environmental
degradation to Mount Santo Tomas Forest Reserve, but are those
actions enough to show that they have faithfully performed their
mandate as the lead agency to protect our country's environment and
natural resources?
In MMDA v. Concerned Residents of Manila Bay,100 the Court
turned on government agencies and their officers who, by the nature of
their respective offices or by direct statutory command, are tasked to
protect and preserve, at the the first instance, our internal waters,
rivers, shores, and seas polluted by human activities, and stated that
their cavalier attitude towards solving, if not mitigating, the
environmental pollution problem, is a sad commentary on bureaucratic
efficiency and commitment.
Citizens have constitutional environmental rights to push
government agencies that skirt their obligation to provide for
institutional environmental protection arrangements. 101 The Writ of
Kalikasan is intended to provide a stronger defense for environmental
DECISION
rights through judicial efforts where institutional arrangements of

enforcement, implementation, and legislation have fallen short. It
seeks to address the potentially exponential nature of large-scale
ecological threats.102
Environmental law highlights the shift in the focal-point from the
initiation of regulation by Congress to the implementation of regulatory
programs by the appropriate government agencies. 103 A government
agency's inaction, if any, has serious implications on the future of
environmental law enforcement.104
There is no shortage of laws that safeguard the people's
constitutional rights to a balanced and healthful ecology. But these
laws, rules and regulations are rendered ineffectual if the agencies
tasked to enforce them are merely perfunctorily performing their
duties.
Mount Santo Tomas Forest Reserve has been declared a forest
reserve, withdrawn from entry, sale and settlement, as early as 1940.
It has never been reclassified nor any portion of it was ever
reclassified as alienable and disposable, 105 and yet, a residential
community with a population of 1,815 inhabitants thrives within it. 106
The DENR, through the PENRO, is aware of this, as admitted by
Octavio Cuanso during his testimony:
xxx
“Atty. Claver
Q : Mr. Cuanso, you know for a fact that there are
700 houses and structures on top of Mt. Sto.
Tomas. Even before this case was filed, what
has the PENRO done to stop or minimize the
construction of new structures on the forest
reserve?
A : There were forest occupancy survey conducted
by earlier officers and these are recorded in our
official report, meaning, there were census
conducted by the previous officers.
Q : What happen (sic) after the census?
A : Come again, ma'am?
Q : You get these data, you have the number of
structures which are built there, you have the
census. What do you do with these data.
A : There is the basis for the CENRO to file cases
against these illegal structures.
Q : Prior to the filing of this Petition, has the CENRO
even filed cases against these illegal structures
or any of them?
A : Yes, in fact, there were convictions by Hon.
DECISION
Romeo Brawner, Presiding Judge of Benguet,

that show there were convictions of cases filed
against perpetrators of violation of 705.
Q : So prima facie, what you are saying is that all
those structures are illegal because they are
built on forest land, is that what you are saying?
A : Yes, ma'am.”107
xxx
However, despite the illegality of these structures, and the

PENRO's claim that there has been prosecutions against these illegal
structures, they remain erected and occupied until this day.
Vegetable gardens have proliferated the area without regulation
from the DENR and its sub-agencies, or from the local government of
Tuba. Even Congressman Aliping, Jr. is among those cultivating
vegetables therein for commercial purposes. 108 Again, as testified by
Octavio Cuanso:
xxx
“Atty. Claver
Q : Mr. Cuanso, you are aware also of the
expanding vegetable gardens on the forest
reserve. What has your office done about this?
A : The Census includes structures and land
development in that area and so this was
specified in the Report of our forest officers.
Q : But there has really been no concrete effort to
stop the expansion of these gardens?
A : The expansion of the gardens was part of 705
cases filed against these people.
Q : Can you tell us how many PD 705 cases have
been filed and out of those, how many had
convictions?
A : On my file submitted by the CENRO, there were
8 convictions that was handled by Hon. Judge
Brawner.
Q : Judge Brawner ended his term as RTC Judge in
1999 if I am not mistaken. That was several
years ago.
A : That was 1994, ma'am.
Q : So are you saying that no new cases have been
filed against the illegal occupants?
A : There were, ma'am.
Q : My question is, how many have been filed and
how many convictions were there out of these
cases filed?
A : We will submit our report, ma'am.”109
DECISION
xxx
The fact remains that these vegetable gardens still exist up to

this day with no signs of abatement.
Establishments were allowed to be erected therein -- concrete
residential houses and even businesses like coffee shops and
wagwagans. Worse, business permits were issued in their favor. The
Mayor of Tuba also acknowledged that a flock of people are flooding to
Mount Kabuyao as a tourist destination after the area was used as a
location for filming a television show. 110 When people come in droves,
businesses would naturally follow. As a result, human traffic within the
forest reserve has exposed it to solid waste problems, which despite
the issuance of a Writ of Kalikasan and a TEPO by the Supreme Court
in this case, remained unmonitored and unregulated by the authorities.
As for the illegal small-scale mining rampant in the area, the
respondents are all aware of their existence as early as 2012 but these
illegal miners, despite the Stoppage Orders, remain operational. The
DENR and the concerned sub-agencies failed to follow through and
treated their duty as having been already discharged by the issuance
of these stoppage orders, regardless of whether they have been
implemented or not. As for the PNP of Tuba, their insouciant reaction
to the implementation of the stoppage orders is inconsistent with their
avowed duty to enforce all laws and ordinances relative to the
protection of lives and properties,111 and that includes the enforcement
of environmental laws.
In the light of the ongoing environmental degradation, there is
extreme necessity for all concerned executive departments and
agencies to immediately act and discharge their respective official
duties and obligations.112 The era of delays, procrastination, and ad
hoc measures is over. These government agencies must transcend
their limitations, real or imaginary, and buckle down to work before the
problem at hand becomes unmanageable. The different government
agencies and instrumentalities cannot shirk from their mandates. 113
WHEREFORE, premises considered, judgment is hereby
rendered:
1. GRANTING the privilege of the Writ of
Kalikasan;
2. GRANTING the Writ of Continuing Mandamus;
3. The Temporary Environmental Protection Order
(TEPO) earlier issued is made permanent;
DECISION
4. Respondent Representative Nicasio M. Aliping,

Jr. and those acting for and in his behalf, is ORDERED to:
a. Permanently cease and desist from
performing acts to develop or enhance the
property he is claiming located at Mount Santo
Tomas Forest Reserve, which acts include
bulldozing, levelling or any earth-moving
activity, improving the old building standing on
the land, building any structure thereon,
continuing with the road opening activities, and
concreting any part of the road;
b. Mitigate the soil erosion caused by
his earth-moving activities leading to the
siltation of the Amliang Dams 1, 2A, 2B and 3
utilized by the BWD; and
c. Rehabilitate the portions of the
forest reserve which have been destroyed by
the road-opening activity, more particularly -
that 2-kilometer stretch which starts from
Respondent Aliping, Jr.'s claimed property
down to the river at the bottom of the mountain
by conducting massive planting of trees.
5. Respondent Mayor Florencio Bentrez is
ORDERED to:
a. Cease and desist from issuing any
and all kinds of permits to conduct activities
within the Mount Santo Tomas Forest Reserve,
including but not limited to the operation of
businesses therein and utilizing any area for
filming movies and television shows, without
clearance from the DENR, and to cancel the
permits already issued;
b. Instruct the Municipal Engineer to
cease and desist from issuing building permits
within the Mount Santo Tomas Forest Reserve
without clearance from the DENR;
c. To come up with the necessary ordinance
outlawing the issuance of tax declarations over
portions of the Mount Santo Tomas Forest
Reserve, and prohibiting the alienation of
DECISION
portions of the same;

d. To coordinate with the DENR-CAR,
PENRO, CENRO and other government
agencies in guarding the forest reserve against
further cutting of trees, illegal excavation and
other forms of earth-moving activities, illegal
mining, construction of houses and other
buildings, and expansion of vegetable gardens;
and
e. To incorporate the conservation of the
Mount Santo Tomas Forest Reserve in its
Environmental Code, or if there be none, for
Respondent Municipal Mayor to immediately
take steps to pass such a code.
6. Respondent Municipal Assessor Prudencio
Pinkisan is ORDERED to permanently cease and desist
from accepting applications for issuance of tax declarations
over lands within the Mount Santo Tomas Forest Reserve;
from processing applications which have already been
filed; and from issuing tax declarations which have already
been processed and approved;
7. Respondents DENR, DENR-CAR, and EMB-
CAR through their respective heads, to perform their
mandate under the laws, and to take short term and long
term measures to conserve whatever remains of the Mount
Santo Tomas Forest Reserve, including but not limited to
the following:
a. Establish the perimeter of the forest
reserve, by pointing on the physical metes and
bounds pursuant to Proclamation No. 581;
b. By deploying personnel to guard
against further cutting of trees, illegal
excavation and other forms of earth-moving
activities, illegal mining, construction of houses
and other buildings, and expansion of
vegetable gardens;
c. Prosecute the violators of
environmental laws within the Mount Santo
Tomas Forest Reserve, including, but not
limited to, the illegal miners, illegal loggers and
DECISION
illegal settlers therein;

d. Make an assessment of the
physical condition and ecological status of the
Mount Santo Tomas Forest Reserve;
e. To come up with a comprehensive
plan to mitigate the pollution/contamination of
the springs and the river system resulting from
the erosion by earth-moving activities, illegal
logging, agricultural and human settlement
activities and other anthropogenic activities;
f. To initiate the necessary actions to
investigate the issuances of tax declaration
covering areas within the Mount Santo Tomas
Forest Reserve and take necessary steps for
the nullification of illegally issued tax
declarations;
g. To monitor the compliance with the
environmental laws, rules and regulations, and
implement corporate environmental
accountability, of all licencees and permittees
within the Mount Santo Tomas Forest Reserve,
including the relay stations and communication
towers;
h. To formulate long-term conservation
and management plan for Mount Santo Tomas
Forest Reserve to be maintained as a major
fresh water source in Baguio and Benguet;
8. Respondent PNP Tuba, through Chief of Police
PCI William B. Willie, is ORDERED to enforce
environmental laws which include the apprehension of
violators of forest laws, mining laws and other
environmental laws;
9. Respondent DENR Secretary Ramon J.P. Paje
is ORDERED to ensure the compliance of the DENR and
its sub-agencies of this Decision;
10. The respondents, as heads of their respective
agencies, shall, from finality of this Decision, each submit
to the Court a quarterly progressive report of the activities
undertaken in accordance with this Decision.
DECISION
Let copies of this Decision be furnished the Secretary of Interior

and Local Government (DILG) for him to ensure compliance by Tuba
Mayor Florencio V. Bentrez and the Chief of PNP Tuba William B.
Willie of the directive referred to under paragraphs 5, (a) to (e), and 8,
respectively, of the fallo, the Secretary of Finance (DOF) to ensure
compliance by the Municipal Assessor Prudencio Adarog Pinkisan of
the order under paragraph 6 of this fallo, and the Director General of
the Philippine National Police to ensure compliance by the Chief of
Police of PNP-Tuba of the mandate under paragraph 6 of this fallo.
SO ORDERED.
RAMON A. CRUZ
Associate Justice
WE CONCUR:
HAKIM S. ABDULWAHID ROMEO F. BARZA

Associate Justice Associate Justice
CERTIFICATION
Pursuant to Article VIII, Section 13 of the Constitution, it is

hereby certified that the conclusions in the above decision were
reached in consultation before the case was assigned to the writer of
the opinion of the Court.
HAKIM S. ABDULWAHID
Chairperson, Former Fifth Division
DECISION
1
Establishing As Santo Tomas Forest Reserve For Forest Protection, Timber Production
And Aesthetic Purposes A Parcel Of The Public Domain Situated In The Municipal District
Of Tuba, Subprovince Of Benguet, Mt. Province, Island Of Luzon (July 8, 1940).
2
Providing For The Reorganization Of The Department Of Environment, Energy And
Natural Resources, Renaming It As The Department Of Environment And Natural
Resources, And For Other Purposes (June 10, 1987).
3
Excluding from the Operation of Proclamation No. 581, Dated July 8, 1940, Which
Established Sto. Tomas Forest Reserve, a Certain Parcel of the Public Domain Situated in
Mt. Cabuyao, Sitio Guiset, Municipal District of Tuba, Sub-Province of Benguet, Mt.
Province and Reserving the Same for Military Purposes (February 22, 1965).
4
Memorandum dated May 13, 2014 prepared by the Forest Protection Unit of the CENRO,
marked as Exhibit “T-3 and series” and “9” at Rollo, Vol. I, pp. 74-81.
5
Exhibit "F-6", at Rollo, Vol. I, p. 92.
6
Memorandum dated May 30, 2014 from the OIC-CENRO, marked as Exhibits “S” for the
prosecution and “8” for the respondents at Rollo, Vol. I, pp. 49-54; pp. 287-292.
7
Exhibit "T", at Rollo, Vol. I, pp. 55-66.
8
Revised Forestry Code of the Philippines (May 19, 1975).
9
Exhibit "T-7-A", at Rollo, Vol. I, p.94.
10
Memorandum dated June 2, 2014 marked as Exhibit “22” and series at Rollo, Vol. I, pp.
300-308.
11
Id.
12
Implementing Rules and Regulations of P.D. No. 1586.
13
Establishing an Environmental Impact Statement System Including Other Environmental
Management Related Measures and for Other Purposes (June 11, 1978).
14
Memorandum dated June 2, 2014 marked as Exhibit “22” at Rollo, Vol. I, pp. 300-308.
15
Exhibit "U-1", at Rollo, Vol. I, pp. 133b-141.
16
Memorandum dated July 21, 2014 marked as Exhibit “28” at Rollo, Vol. I, pp. 333-335.
17
Id.
18
Rollo, Vol. I, pp. 192-199.
19
Id., pp. 239-263.
20
Exhibits "2-C," "3", "4", at Rollo, Vol. I, pp. 277-282.
21
Rollo, Volume 1, pp. 365-375.
22
Resolution dated December 3, 2014, at Rollo, Vol. II, p. 968.
23
Exhibit "W", at Rollo, Vol. II, pp. 1121-1130.
24
Exhibit "V", at Rollo, Vol. II, pp. 1111-1120.
25
Exhibit "Z", at Rollo, Vol. II, pp. 1132-1137.
26
Exhibit "Y", at Rollo, Vol. II, pp. 1057-1062.
27
TSN dated February 5, 2015, 10:00 a.m., p. 39.
28
Exhibit "X", at Rollo, Vol. II, pp. 1033-1039.
29
Exhibit "EE", Rollo, Vol. II, p. 1046.
30
Memorandum Report dated February 7, 2014, Exhibit "FF"at Rollo, Vol. II, p. 1047.
31
On February 5, 2015, 10:00 a.m.
32
Exhibit “33”, at Rollo, Vol. I, pp. 583-598.
33
Exhibit "34", at Rollo, Vol. II, pp. 663-676.
34
35
36
37
Exhibit "29", at Rollo,Vol. II, pp. 716-964.
38
On February 10, 2015, 2:00 p.m.
39
TSN dated February 10, 2015, 2:00 p.m., p. 60.
40
Exhibit "7", at Rollo, Vol. I, p. 285.
41
Exhibit "Aliping 41", at Rollo, Vol. II, pp. 1342-1362.
42
TSN dated February 10, 2015, 2:00 p.m., pp. 110-113.
43
Ocular Inspection Report at Rollo, Vol. II, pp. 1363-1402.
44
Section 1, Rule 7 of the Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-
SC).
45
Annotation to the Rules of Procedure for Environmental Cases, p.143.
46
Exhibit "38-A-Aliping", at Rollo, Vol. II, pp. 1337-1338.
47
Tracking Sources of Pollutions in Bued River Using GIS, part of the testimony of Alex C.
Luis as Exhibit "29", at Rollo, Vol. II, p.722.
DECISION
48
Castro v. Gloria, G.R. No. 132174, August 20, 2001, citing Pineda v. Court of First Instance
of Davao, 1 SCRA 1020 (1961); Atlas Consolidated Mining and Development Corporation
v. Mendoza, 2 SCRA 1064 (1961); Pestanas v. Dyogi, 81 SCRA 574 (1978); Aboitiz and
Co. Inc. v. The Collector of Customs, 83 SCRA 265 (1978); Abe-Abe v. Manta, 90 SCRA
524 (1979).
49
Id., citing Sunville Elmber Products, Inc. v. Abad, 206 SCRA 482 (1992).
50
Annotation to the Rules of Procedure for Environmental Cases, p. 100.
51
Id.
52
Section 3, Rule 1 of the Rules of Procedure for Environmental Cases.
53
Section 8, Rule 3 of the Rules of Court.
54
Section 7, Rule 3 of the Rules of Court.
55
Casal, et al. v. Tayud Golf and Country Club, Inc., et al., G.R. No. 183105, July 22, 2009,
citing Arcelona v. Court of Appeals, 345 Phil. 250, 269-270 (1997).
56
Letter dated May 21, 2014, marked as Exhibit “T-8” at Rollo, Vol. I, p. 95 and Exhibit
"Aliping 29" at Rollo, Vol. II, p. 1313.
57
Ocular Investigation Report, p. 4 at at Rollo, Vol. II, p. 1366.
58
Rollo, Vol. II, p. 1166.
59
SECTION 27. Prohibited Acts. - The following acts are hereby prohibited:
a) Discharging, depositing or causing to be deposited material of any kind directly
or indirectly into the water bodies or along the margins of any surface water, where, the
same shall be liable to be washed into such surface water, either by tide action or by
storm, floods or otherwise, which could cause water pollution or impede natural flow in the
water body;
xxx
60
Section 2, Article XII of the 1987 Constitution.
61
62
63
Heirs of Mario Malabanan v. Republic, G.R. No. 179987, September 3, 2013, citing
Director of Forestry v. Villareal, G.R. No. 32266, February 27, 1989, 170 SCRA 598, 608-
609.
64
Id., citing Heirs of Jose Amunategui v. Director of Forestry, No. L-27873, November 29,
1983, 126 SCRA 69, 75.
65
Id., citing Director of Lands v. Court of Appeals, No. L-58867, June 22, 1984, 129 SCRA
689, 692.
66
Republic of the Philippines, et al. v. Chanco, et al., G.R. No. L-36220, March 16, 1988.
67
Id., citing Section 48 (b) Commonwealth Act 141, before its present amendment.
68
TSN dated February 10, 2015, 2:00 p.m., p. 69.
69
Id., p. 70.
70
Exhibit "H" and series, at Rollo, Vol. I, pp. 160-175.
71
Ocular Inspection Report, p. 6, at Rollo, Vol. II, p. 1368.
72
73
Ocular Inspection Report, p. 3-4, at Rollo, Vol. II, pp. 1365-66.
74
Exhibit "21-E", at Rollo, Vol. I, p. 351.
75
TSN dated February 10, 2015, 10:00 a.m., pp. 64-65.
76
Section 57. Other Special Uses of Forest Lands. — Forest lands may be leased for a
period not exceeding twenty-five (25) years, renewable upon the expiration thereof for a
similar period, or held under permit, for the establishment of sawmills, lumber yards, timber
depots, logging camps, rights-of-way, or for the construction of sanatoria, bathing
establishments, camps, salt works, or other beneficial purposes which do not in any way
impair the forest resources therein.
77
Bustillo, et al. v. People, G.R.No. 160718, May 12, 2010, citing People v. De Guzman, G.R.
No. 106025, February 9, 1994, 299 SCRA 795, 799.
78
Exhhibit “19”, at Rollo, Vol. II, p. 339.
79
80
Exhibit "38-A-Aliping", at Rollo, Vol. II, pp. 1337-1338.
81
Ocular Inspection Report, pp. 8-9, at Rollo, Vol. II, pp. 1370-1371.
82
People's Small-scale Mining Act of 1991.
83
Rationale to the Rules of Procedure for Environmental Cases, , p. 81, citing Nicholas De
Sadeleer, Environmental Principles - From Political Slogans to Legal Rules 21 (2002),
p.169.
84
Id., p. 82, citing De Sadeleer, p. 23.
85
DECISION
86
Id.
87
88
Id., citing De Sadeleer, p. 169.
89
90
91
See Note 37.
92
Exhibit "29" , at Rollo, Vol. II, p. 745.
93
Id., at Rollo, Vol. II, p. 748.
94
Rollo, Vol. II, pp. 1167.
95
G.R. No. 101083, July 30, 1993.
96
Id.
97
Section 3, Executive Order No. 192 (1987).
98
Section 19, R.A. No. 9275.
99
Section 484 (3) of the Local Government Code of 1991.
100
G.R. Nos. 171947-48, December 18, 2008.
101
Justice Presbitero J. Velasco, Jr., Speech at the 3 rd Annual Symposium on the Confluence
of Human Rights and the Environment: Manila Bay: A Daunting Challenge in
Environmental Rehabilitation and Protection (February 20, 2009).
102
Rationale to the Rules of Procedure for Environmental Cases, p. 78.
103
Rationale to the Rules of Procedure for Environmental Cases, , p. 78, citing Eric, Biber,
Two Sides of the Same Coid: Judicial Review of Administrative Agency Action and
Inaction, 26 VA. ENVTL. L.J. 461. 462 (2008).
104
Rationale to the Rules of Procedure for Environmental Cases, , p. 78.
105
106
Exhibit "Aliping-1", at Rollo, Vol. II, p. 1282.
107
108
Ocular Inspection Report, p. 4, at Rollo, Vol. II, p. 1366.
109
110
TSN dated February 5,2015, 10:00 a.m., pp. 87-88.
111
Section 24 (a), Republic Act No. 6975.
112
MMDA v. Concerned Residents of Manila Bay, G.R. No. 171947-48, December 18, 2008.
113
Id.

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Republic of the Philippines

FORMER FIFTH (5TH) DIVISION

HON. NICASIO M. ALIPING,

Cruz, R.A., J.:

This is a Petition for the Issuance of a Writ of Kalikasan and a

themselves and for the residents of San Fabian, Pangasinan who

MOUNT SANTO TOMAS FOREST RESERVE

Three quarters of a century ago, President Manuel L. Quezon

construction was blocked by two (2) backhoes and another

9. Per plotting/projection made by the CENRO using

further exposed the area to more erosion which are feared

Based on the recommendation of the team, the EMB-CAR

water sample to be collected is considered ambient water quality,

inter-generational equity which imposes on the present generation the

A. By deploying personnel to guard against further

In its Resolution18 dated September 30, 2014, the Supreme

Court issued a Writ of Kalikasan against respondents, returnable to

national greening program areas established in Tuba,

of the Prosecutor of Benguet, against Congressman

surrounded by several vegetable gardens, two old roads

On June 2, 2014, the EMB-CAR initiated Case No.

households of the Municipality of Tuba, Benguet and

the interior areas of Mount Santo Tomas;

21. The EMB-CAR issued a Notice of Violation cum

Bilango's testimony as well as the allegations in the Petition with

particularly with Camp 6 Explorers Small Scale Miners Association, 34

and coffee seedlings. He reiterated and confirmed the defenses he

in the performance of their duties and responsibilities.

Respondent Aliping, Jr. however alleged that the Petition cannot

Bued River, which has a total mainstream length of 31

The doctrine of exhaustion of administrative remedies calls for

It clearly demonstrates this case falling within the exceptions to

respondents all of those whom they alleged as having contributed to

To avail of the privilege of a Writ of Kalikasan, there must be: (1)

recent concreting of the Mount Kabuyao Highway

Illegal tree-cutting and massive

It is a conceded fact that Respondent Aliping, Jr. caused earth-

however, manifested the presence of planted pine tree saplings all

The separate investigations showed that Congressman Aliping,

Issuance of tax declarations and

The 1987 Constitution provides that all natural resources shall

necessary to enable such reclassification,64 and the exclusive

By reason of the numerous tax declarations issued, human

products causes the increase of hectarage for gardens, thereby

Aside from the vegetable gardens, Tuba Mayor Bentrez testified

tourist draw. The Commissioner noted garbage littering both sides of

Again, this is a blatant violation of Proclamation No. 581, as well

Mount Santo Tomas is the site of

Mount Santo Tomas hosts several relay stations of television

Based on the Listings of Active Special Land Use Holders within

Q : Is it not that it is the Secretary of the DENR

Mount Santo Tomas has become

The existence of small-scale miners within the forest reserve has

PNP ever enforced the stoppage order?

The BWD investigation showed that the small-scale mining

In addition to the violation of Proclamation No. 581 and the

frequency, duration, extent, nature and scale. 88

After the study, the results and findings were:

scale mining became a booming industry. Livelihood of people

The findings in the study is similar to the conclusions reached by

DENR is also the primary government agency responsible for the

Section 21 of Chapter 4, Title XIV, Book IV of the 1987

such as the DENR-CAR, EMB-CAR, PENRO and CENRO, to