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SM Answer

SM Answer

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Published by: Ivy Buenaobra on Jun 15, 2012
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03/10/2014

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REPUBLIC
OF
THEPHILIPPINES
REGIONAL
TRIAL
COURT
FIRST
JUDICIAL
REGIONBAGUIOCITY,BRANCH
V
GLOBAL
NETWORK
its
President
GloriaCORDILLERA
represented
by
Abaeo,
ET
AL.,
Plaintffi,
versus
-
SEC.
RAMON
I.P.
PAIE,
in
his
capacity
as
Secretary
of
the
Department
of
Environmentand
Natural
Resources,
ET
AL,,
CORDILLERA
GLOBAL
NETWORK
represented
byits
President
Gloria
Abaeo,
Petitioner,
VETSUS
-
SMINVESTMENT
CORPORATION,
itS
officers,directors,
agents,
representatives
and
all
persons
actingunder
its
direct
control
and
supervisionoperating
the
tree-cutting
and/or
earth-balling
operations
at
Luneta
Hill,
Baguio
City,
x____________
I::,Y:':;
IUDYLYI{
C.
ADAIAR,
ET
AL.,
Plaintffi,
Civil
Case
No.7595-R
For:
Injunction
with
Prayer
for
the
Issuance
of a
Temporary
Environmental
Protection
Order
Civil
Case
No.
7526-R
For:
Contempt
of
Court
Civil
Case
No.7629'R
For:
Declaration
of
NullitY
and
Injunction
with
Prayer
for
the
Issuance
of
TemPorarY
Enrrironmental
Protection
Order
-
versus
-
SEC.
RAMON
I.P.PAIE,
in
his
capacity
as
Secretary
of
the
DePartment
ofEnvironmentand
Natural
Resources,
ETAL,,
x--..-----.--
?-:!:!::':"
 
ANSWER
Defendants
SM PRIME
HOLDINGS,INC.
("SMPH")
AND
SHOPPING
CENTER
MANAGEMENT
CORPORATION
("SM
SUPERMALLS'),
bY
counsel,
respectfully
submit
its
Answer
to
the
Complaint
dated
13 April
2012
("Comp1aint")
in
Civil
Case
No.
7629-R
and,
in
support thereof,
state:
ADMISSIONS
Subject
to
its
Denials,
Affirmative
Allegations,
and
Affirmative
andSpecial Defenses
hereinafter
set
forttu
SMPH and SM SUPERMALLS
admit
the
following
allegations
in
the Complaintdated
13
April
2012
(the"Complaint")
contained
in:
1,.1,.
Paragraphs
4,5,
6,57
and 58.
1,.2.
Paragraph
7,
b:ut
only
insofar
as
it
states
that
defendantSM
Prime
Holdings("SMPH")
is a
stock
profit
corporation
doing
business
in
the
Philippines.
1.3.
Paragraph
9,
but
only
insofar
as
it
states
andf
or
it
is
made
toappear
thereinthat
SMSUPERMALLS
operates
SM
City
Baguio
shoppingmall
("SM
City
Baguio").
1.4.
Paragraph10,
but
only
insofar
as
it
states
andf
or
it
is
made
to
appear
therein
that
SMPHand
SMSUPERMALLS,
acting
through
oneEngineer
Bien
C.
Mateo
("E.gr.Mateo"),
wrote
a
letter to
the
City
Government
expressingthe
company's
desire
to
expand
SM
City
Baguio.
1.5.
Paragraph
11,
but
only
insofar
as
it
states
that,
in
a
letter
dated
11
JuLy2011,
the
City
Government
of
Baguio,
through
the
Hon.MayorMauricio
G'
Domogan
("Mayor
Domogan")favorably
indorsed
the
desire
of
SMPHand
SM
SUPERMALLS
to
expand
SM
City
Baguio
to
the
Department
of
Environment
and
Natural
Resources
("DENR").
 
1.6.
Paragraph
1,4,
but
only
insofar
as
it
states
andf
or
it
is
made
to
appear
therein
that:
(a) Secretary Ramon
].P.
Paje ("Sec.
Paje")
of
the
DENRissued
a Memorandum dated
L7
October
201'1,
directing the
issuance
of
a
Tree
Cutting
and
Earth-balling
Permit
for
the
Mall
Expansion; (b)
In
a
letter
dated
27
October
2011,,
the
Regional
Executive
Director
of
the
DENR-Cordillera
Administrative
Region ("DENR-CAR"),
Clarence
L.
Baguilat,
informed
Engr.
Mateo
of
thegrant
of
the
Tree
Cutting and
Earth-balling Permit
for
the
Mall
Expansion;
and
(c)
The Tree
Cutting
and Earth-balling
Permit
allows the
cuttingof
forty
(43)
alnus
trees,
and the earth-balling
of ninety
seven
(97)
Benguet
pine
trees
and
forty
two
$2)
saplingof
Benguet
pine
and alnus
trees.
1,.7.
Paragraphs
L5
and
56,
butonly
insofar
as
it
is stated
that
a
Building
Permit
for
a
mall
and
parkingbuilding
was issued
by
Engineer
Oscar
V.
Flores
of
the
Office of
the
CityBuilding Official
of
Baguio
City.
1.8.
Paragraph
L8,
but
onlyinsofar
as
it
states
ormade
to
appear
therein
that
the
Tree
Cutting
and
Earth-ballingPermit
was issued
on
the
condition
that
the
permittee
shall,
amongothers,
"conduct
meetings
or
public
consultations
with
LGUs,NGOs,
andother
stakeholders
in
the area"
and
"obtain
the
necessary
environmental
compliance
certificate".
1,.9.
Paragraph
22,butonly
insofar
as
it
states
that
(a)
theSM expansionis
a
majordeveiopmentprojectto
be
implemented
at the
central
business
districtof
Baguio
City;
and
(b)
the
issuance
of
an
ECC
was an
express
condition
in
the
grant
of theTree
Cutting
and
Earth-ballingPermitby
Sec.
Paje.
1.10.
Paragraph
38,
but only
insofar
as
it
states
thatthe
area
is
erosion-
Prone.
IL
DENIALS
A.
SPECIFIC
DENIALS
Forthe
facts
and
reasons
stated
in
its
Affirmative
Allegations
and
A{firmative
and
Special
Defenses
hereinafter
set forth,
SMPH
and
SM

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