ELAMAR DE LEON

Ordinance on Mt. St. Tomas

In a bid to protect Mount Sto. Tomas Forest Reserve in Tuba, members of the Benguet
Provincial Board have given a favorable review on the ordinance for its conservation.

The ordinance provides guidelines for the conservation of Mt. Sto Tomas Forest Reserve
authored by Tuba Councilors Noel Saguid, Arnulfo Milo, Jason Balting, Joshielle Ruth Bancilo,
Jerome Palaoag, and Gloria Paus.

Among the prohibited acts include conduct of business; construction of infrastructure projects;
expansion of agricultural activities; application of permits; application of tax declarations;
cutting of trees; and other acts that is detrimental and destructive of the natural resources.

Penalties include P2,500 fine for first offense with warning of possible imprisonment in the
succeeding violations and P2,500 with imprisonment of not less than one month and not more
than six months upon the discretion of the court for succeeding offenses.

At least P500,000 will be appropriated for the implementation of the local government unit
programs, projects, and activities that will ensure the protection and conservation of the
natural resources.

The new ordinance underscored a clearance required from the Department of Environment and
Natural Resources (DENR) prior to the conduct of programs, projects, and activities in the forest
reserve.

“Pursuant to the decision promulgated by the Court of Appeals on May 6, 2018 on the case of
petition to grant a Writ of Kalikasan, a petition filed by Carlito Cenzon, et al Case vs Nicasio
Aliping Jr. et.al a clearance from the Department of Environment and Natural Resources be
obtained before any PPAs conducted within the forest reserve,” the law states.

The municipality, through the Municipal Environment and Natural Resources Office (Menro)
and the Municipal Planning and Development Office must cooperative with DENR-CAR on their
plan for the forest reserve.

Benguet also underscored the participation of Barangays Camp 4, Barangay Camp 3, Tabaan
Sur, Tabaan Norte and Poblacion, Indigenous Peoples, farmers, residents and other
stakeholders in the preparation of the plan which will incorporate the protection and recreation
forest within the forest reserve, added the approved law.

Proclamation No. 581 series of 1940 establishing Santo Tomas Forest Reserve for forest
protection, timber production and aesthetic purposes a parcel of the public domain situated in
the municipality.
COUNCILORS: Tuba Councilors Noel Saguid, Arnulfo Milo, Jason Balting, Joshielle Ruth Bancilo,
Jerome Palaoag, and Gloria Paus.

My Comment:
Mt. Sto. Tomas is among the popular mountain in tuba, Benguet. Visitor are familiar with Mt.
Sto. Tomas because of two giant satellite dishes at its peak which could be seen from
downtown Baguio.

Mt. Sto. Tomas was granted a permanent environmental protection order in 2015, after
residents of Baguio and Tuba, and church leaders petitioned the Supreme Court for a Writ of
Kalikasan due to the road excavation controversy.

Former Baguio Rep. Nicasio Aliping Jr. who was sued for the destruction of trees and a water
source at the Mt. Sto. Tomas forest reserve in 2014. Along with three contractor Bernard
Capuyan, Romeo Aquino and William Go.

The lawsuit was filed by the Department of Environment and Natural Resources, which says the
excavation was responsible for P10.3 million worth of damages at the forest reserve.

On November 16, Aliping and the contractors posted bail, following an arrest warrant issued by
Rasing.

Aliping and the contractors violated Presidential Decree No. 705 or the amended Revised
Forestry Code, for their alleged role in destroying 708 Benguet pine trees and 53 alnus trees at
the forest reservation in Tuba’s Poblacion village, according to the DENR.

Mud and gravel that polluted a spring, from where the Baguio Water District draws water for
parts of Baguio City and the Benguet town of Tuba, have also been attributed to the
excavation. The forest reserve straddles the city and Tuba.

On 2018 the Tuba Councilors decided to make an ordinance provides guidelines for the
conservation of Mt. Sto Tomas Forest Reserve. This said ordinance was approved on 2019.