Baguio City—The Supreme Court has permanently prohibited the cutting of trees on Luneta Hill in Baguio City, which was supposedly being undertaken by mall giant SM as part of its expansion.
“The Supreme Court in its en banc session today made permanent the temporary restraining order issued on March 24, 2015, prohibiting the cutting and bailing of the trees on Luneta Hill in Baguio City, where SM is expanding its shopping mall,” SC spokesperson Brian Hosaka said in a media briefing here.
Hosaka said the decision was reached on Wednesday during its summer en banc session at SC compound here.
When sought for comment, SMPHI legal counsel Ryan San Juan said: ”We have not received any resolution on this matter from the Supreme Court. “
Hosaka clarified the SC decision “is without prejudice to the filing of another application for and environmental compliance certificate in accordance with existing laws and regulation.”
The petition, which sought to bar SM Baguio City from cutting and balling of 182 pine and alnus trees, was filed by the Cordillera Global Network and several residents.
In January 2015, the mall had reportedly decided to cut 60 of the 182 trees after obtaining a favorable ruling from the Court of Appeals Special Ninth Division on Dec. 12, 2014.
In its ruling, the CA dismissed the petition of CGN questioning the December 3, 2012 decision of the the Regional Trial Court of Baguio City that gave the mall the go-signal to proceed with the cutting of the trees.
The appellate court agreed with the RTC’s conclusion that cutting the trees would bring “no hazardous effect on the health of the people of Baguio” since this will be compensated by the green building that the mall planned to put up as well as the planting of more trees in some selected areas.
