PRO-ENVIRONMENT
Lawyers, DENR forge partnership
By Thess de la Cruz
The Department of Environment and Natural Resources (DENR) and
the Integrated Bar of the Philippines (IBP) Camarines Sur
Chapter had entered into a partnership to protect the
environment.
Lawyer
Avelino V. Sales Jr., President of IBP Camarines Sur , told
Bicol Mail the DENR, under then Secretary Elisea Gozum, and the
IBP, as represented by National President Lawyer Jose Anselmo I.
Cadiz, entered into a Memorandum of Agreement (MOA) more than a
year ago which enables the IBP to assist the DENR by providing
free legal services on cases filed for the prosecution of the
environmental laws.
The legal assistance covers also the defense of DENR personnel
who are accused of offenses while performing their duties in the
implementation of environmental laws..
Lawyer Sales clarified the assistance provided will be on a
case-to-case basis. IBP has to follow an evaluation process to
determine if the case submitted to them qualifies for free legal
aid or not.
In a related development, Regional Technical Director Felix C.
Mendoza of the Protected Area and Wildlife and Coastal Zone
Management Services - DENR V, emphasized that DENR strongly
recognizes the significant role lawyers play in environmental
protection and management.
He believed the involvement of lawyers in environmental
protection would serve as a deterrent to violators.
He cited the experience in Cebu where DENR-IBP partnership is
very strong and active, hence filing and resolution of
environmental cases are expeditiously done.
RTD Mendoza was assigned at DENR Cebu before his appointment in
Bicol last July.
He, together with DENR Officials from the province, met with
Lawyer Cadiz in August this year to discuss about the local
implementation of the DENR-IBP agreement.
As an offshoot of the said meeting, a two-day Orientation
Workshop for Protected Area Volunteer Lawyers was held on
September 14 and 15, 2004 in Naga City. The commitment of the
volunteer lawyers was manifested during the said orientation.
The two-day orientation for volunteer lawyers were attended by
16 lawyers, including two prosecutors, a judge and a mayor. The
first day was devoted to the formal orientation. On the second
day, the participants hiked to the Protected Area Office inside
Mt. Isarog Natural Park at Panicuason, Naga City.
RTD Mendoza said the nature trip was part of the orientation for
the participants to see for themselves what is there to protect
and feel why there’s a need to protect them.
Meanwhile, IBP took note about the sad reality that the DENR and
other government agencies implementing environmental laws has no
budget for legal services of their personnel accused of abusing
or violating the laws.
Although DENR has legal officers, they are not allowed to
represent in court DENR employees accused of violations
committed on personal capacities.
The absence of legal protection was considered as the primary
reason why IBP and DENR forged the agreement. The MOA is already
being realized in other parts of the country, but not in this
region, until now.
According to Atty. Sales, the conference was basically aimed at
giving instructions to lawyers on the pertinent laws and
relevant regulations in matters of the environment, and how a
particular lawyer would be able to help.
The orientation workshop would signal the formal start of DENR-IBP
partnership at the local level, particularly in the province.
As part of its commitment, the IBP will evaluate the case of
DENR Forest Ranger Julio Versoza, who could become the first
beneficiary under the partnership at the local level.
Versoza, a Forest Ranger, was accused of robbery, which DENR
believed to be a form of harassment in order to neutralize his
operation on a suspected treasure-hunting site in Ocampo,
Camarines Sur.
“Hopefully, we would materialize the objective of this
partnership and have a continuing relationship with IBP, not
only in legal cases but also in other aspects of environmental
protection,” added RTD Mendoza.
He stressed that the involvement by other sectors in protected
area management is very important because DENR cannot do it
alone.
