by Meriam G. Desacada
Tacloban City–A temporary restraining order (TRO) was issued by the court last week prohibiting DENR-8 Regional Executive Director Lormelyn Claudio and other agencies from conducting excavation activities on the property of DBSN Farms at Barangay San Joaquin in Palompon, Leyte.
Judge Dexter Aguilar of the Regional Trial Court-branch 17 in Palompon, Leyte issued the TRO on Friday (Sept. 8) stopping the scheduled excavation, which is solely based on the complaint of former mayor Georgina Arevalo.
Arevalo alleged that the area is being used as dumpsite of dead chicken and carcasses from the DBSN farm of incumbent Mayor Ramon Oñate.
Oñate vehemently denied the accusation, implying that it is politically motivated, as it came from a political opponent that he defeated in the last elections.
Last August 23, Claudio ordered Oñate to explain his side regarding the Arevalo complaint. He obliged, but then, two days after, Claudio still ordered a new inspection and excavation of the alleged dumpsite, this time asking the help of the regional directors of DPWH, DILG, and the police in the conduct of the excavation.
Onate argued that section 2 of Rule 24 of DENR’s Department Administrative Order 2000-81 did not mention of excavation of a private land, and that Republic Act 9003 does not allow visitorial power of the DENR director on a private property unless there is a court order.
Before the court’s TRO, Oñate wrote Claudio: “These actions from your office is a clear showing of manifest partiality, oppression, and corrupt practices, causing undue injury to a private person or to the government.”
Oñate reminded her that before the reassignment of her predecessors, DENR-8 Regional Executive Director Fadriquela and Regional Director Despi of the Environmental Management Bureau-8, the agency, through the Solicitor General, moved for the dismissal of environmental cases filed by Arevalo against him.
Oñate also mentioned that, attached to the Arevalo complaint were affidavits of witnesses who already repudiated, and that the same RTC-branch 17 already dismissed environment case no. R-PAL-
20-0001-ENVI, filed against him.
The court’s TRO, issued recently against the excavation, cited Oñate argument that DENR-8 already conducted site inspection of his DBSN dressing plant in Albuera town on July 27, and on his DBSN chicken breeder farm in Palompon town on July 28.
“The order to excavate the alleged dumping site in Brgy. San Joaquin was issued (by Claudio) without first releasing the findings of the earlier mentioned inspection of the two sites,” Oñate’s contention was quoted by the court.
Finding merits on Onate’s arguments, RTC Judge Aguilar granted the TRO to stop the excavation. The judge further set a summary hearing of this case on September 21 to determine whether the TRO “be extended before the application for the issuance of the writ of preliminary prohibitory injunction” is heard and resolved.
Meanwhile, a test report of microbiological analysis, conducted on August 2 by an independent laboratory, showed that the water of San Joaquin passed the standards, being free of coliform, contrary to claims of the complainant. —Meriam G. Desacada