SC issues permanent protection order to preserve forest in Mountain Province

Metro Manila (CNN Philippines, December 28) — The Supreme Court (SC) has upheld rulings issued by lower courts that ordered the cessation of activities causing irreparable damage to a forest zone in Sabangan, Mountain Province.

In a decision made public on Thursday, the SC ruled in favor of private complaintants who — in a citizen suit — expressed concern over alleged environmental violations committed by spouses Robles and Rose Maliones, who have claimed ownership of the subject land.

In 2015, the complainants filed a petition against the two, whom they accused of illegally occupying and destroying parts of a public forest.

They said the Malioneses conducted bulldozing and other “earth-moving” activities in that parcel of land in Barangay Data, Sabangan, where tax declarations have been issued in the couple’s names. They alleged that the two also cut trees, practiced kaingin, and used fertilizers and pesticides that threaten to irreversibly destroy a part of the area.

According to the SC Public Information Office (PIO), complainants also said the couple introduced “improvements” in the subject land, “leading to the exclusion of the public from its use and enjoyment.”

“The Court upheld the factual findings of the RTC (Regional Trial Court) and the CA (Court of Appeals) that there exists an actual or imminent threat that can be attributed to [the Malioneses], including the activities they are conducting on the subject land that violate environmental laws and cause prejudice to the life, health, or property of residents of Barangay Data, Sabangan, Mountain Province,” said the SC PIO.

The high court further affirmed that since the area is “presumptively” part of the public forest, the couple's actions of occupying, fencing off, clearing, planting on, sowing on and building on the land are contrary to the provisions of Presidential Decree No. 705.

There is also no evidence on record that petitioners have the requisite permits to enter, occupy and clear the forest land they claim, the SC said.

“In fact, the City Environment and Natural Resources Office expressly declared that petitioners’ earth-moving activities were being done on a portion of the public