CASE STUDY #2: WANTED: DEAD HEROES

Illegal logging has a significant environmental, economic and social cost because it degrades forest environments, reduces biodiversity, undermines government regimes and revenues, contributes to greenhouse gas emissions and deprives local communities of opportunities to improve their quality of life.

According to a scholar, Jessica Matthews, short-sighted policies by the Filipino government have also contributed to the high rate of deforestation. In the 20^th century, the forest cover of the Philippines dropped from 70 per cent to 20 per cent. In total, 46 species are endangered, and 4 were already eradicated completely. Only 3.2 percent of total rainforest has been left. Based on the analysis of land use pattern maps and road map, an estimated 9.8 million hectares of forest were lost in the Philippines from 1934 to 1988.

The Department of Environment and Natural Resources (DENR) with the help of the Philippine government campaigned against illegal logging and its reforestation program. Indigenous species, like narra and Philippine mahogany are monitored in ports all over the archipelago despite the difficulty of such.

In 2011, the Executive Order No. 23, “Declaring a Moraturium on the Cutting and Harvesting of Timber in the Natural and Residual Forests and Creating the Anti-Illegal Logging Task Force” was signed by President Benigno S. Aquino III on February 1, 2011. However, some cases against illegal timber trade have led to convictions, some were abandoned and concessions continued.

As what this second case study is all about, Army Colonel Alonzo together with this infantry truck commandeered by men in full combat gears was flagged-down by a forest guard, Rick after noticing an unlawful act of cutting trees in South Cotabato. Ricky’s situation is difficult knowing that his team was outnumbered by Alonzo’s, he must consider that their lives are at stake at the moment.

However, let’s take some facts for a moment: (1) Alonzo is an Army Colonel, which means that he is a military, a public servant, and he should be aware of the directives made by the DENR about the cutting of certain tree species classified as endangered, then why does he seem unaware of it? Is he and his team exempted to the rule? (2) The three truckloads of freshly-cut timber was an infantry truck, it is also a government-owned vehicle, is this what they say that owners of some illegal concessions are able to use political or military connections in order to get away with crime?; (3) the truck was commandeered by uniformed men in full combat gears, are they not well informed of the RA 10593, Sec. 9, that is the offender is in the government service, he will be dismissed from office?

If I were in Rick’s shoes, as an assigned forest guard to help the government with its fight against illegal going, I will respond to the situation as follows:

(1) As stated in Art 10593, Sec. 7, I will execute my police powers to seize a vehicle with illegally cut trees; verify the documents supporting their actions, and if they cannot show me any legal documents in accordance to the law, I will have to courteously inform Alonzo and his team that I will not allow them to pass through with all of those freshly-cut flitches. We shall also confiscate and forfeit in favor of the government the illegally cut and gathered timber because it is very evident that they are actually committing a serious offense against the government.

(2) I will also politely ask Alonzo if it is there role to bury the armies killed during their operations and to give subsidy to the family of the dead. Does the government not offer help to the bereaved families that is why they resorted to illegal logging for the dead heroes?

(3) Knowing that we are outnumbered and if Alonzo insists on passing through, I would allow him. I must take into careful consideration that I am fighting for my life at this moment and the lives of my comrades. Hence, I will get as much information about him and his team in a friendly manner so that I can take note of the incident and will secretly get the infantry trucks plate number.

(4) After which, I will coordinate to the higher authorities or the DENR of the confrontation together with the facts that I’ve obtained and allow them to handle the situation efficiently and effectively since they are more knowledgeable of the proper negotiation with them. As a forest guard, I was just given the authority to aid the government with their regulations and that effective chastisement should be done by the authority figure of the implementing rules in our community; and

(5) And even if I was vested to exercise police powers (Art. 10593, Sec. 7), I would request assistance from the local government to deputize the PNP or other law enforcement agencies to help us monitor and ensure the compliance of the said law.  And in case the same situation will happen, we would have enough people who will pursue to decrease illegal deforestation and continue to uphold their aim of reforestation which can protect the whole area against typhoon, flood, landslides and other calamities.