Ostia, Arnel Tejano, Daryl Noel

Legal Research LLB 1 EH 408

School probed for cutting trees

THE Environment department conducted an investigation at the Sergio Osmea Memorial High School last week on the alleged cutting of several trees there. Officials of the school were invited to a conference with the Department of Environment and Natural Resources (DENR) 7 scheduled for next week. Forester Danilo Orbasido, DENR 7 staff clearing unit member of the Forest Management Section (FMS), visited the school last Aug. 23 and found that four Mahogany trees, two Indian trees, two narra trees and a tree of unknown species had been pruned. He reported that a teacher, Jose Ray Abella, supervised the cutting of trees on orders by Nimfa Balili, the principal of the school in Labangon. Orbasido said the trees were cut for ground beautification without the approval from (the) Schools Division Superintendent. In his incident report submitted to City Environment and Natural Resources officer Anastacio Cabalejo, Orbasido said four mahogany trees were cut down. They had a diameter of 17, 15, 25, and 43 centimeters and an average height of three meters. The two narra trees had a diameter

of 19 and 20 centimeters each. The two Indian trees were 11 and 16 centimeters in diameter. The forester also attached to his incident report photos of the cut trees. In a statement, DENR 7 Director Isabelo Montejo invited Balili to attend administrative proceedings to discuss the issue. This is part of the process that we usually observe to listen to an explanation or justification on what prompted them or who authorized them to eliminate those trees as existing policy requires the approval or a clearance before tree cutting will be made, said Montejo. Narra trees or Pterocarpus indicus are considered as a premium tree species and these trees should not be cut down unless a permit or clearance from the DENR, specifically the Office of the Undersecretary for Field Operations in Manila, is obtained per Feb. 5, 2013 DENR memorandum, he said.

Case Title: School probed for cutting trees. Factual Information:

Trees were chopped down with supervision of the teacher-incharge Mr. Jose Ray Abella. The authority and order was issued by the said schools principal Ms. Nimfa Balili. Ground Beautification was the goal of the cutting of trees. Trees cute were four Mahogany, two Indian and two Narra trees.

Narra trees are considered as a premium tree species. Permit from the DENR should be obtained first before to be able to cut the Narra trees.

Sources: Newspaper: Sunstar Daily News, September 1, 2013 The Freeman, August 26, 2013 Internet: http://www.philstar.com/cebu-news/2013/08/26/1135481/principalhot-water-over-order-cut-trees Analysis of Facts through TARP Rule: Thing/Subject Matter: - Liability of a superior officer towards the action of his subordinates. Cause of Action: - The act of cutting Narra Trees which is considered as a premium trees. Permit from DENR is needed to do such acts. Relief Sought: - Liability against the Principal for ordering the cutting down of the Narra trees among others. Parties involved: - Balili - Principal - Abella Teacher-in-charge - Cabalejo - City Environment and Natural Resources officer - Montejo DENR 7 Director.

Legal Issues to be researched: Whether or not the Principal is liable of the ordering the cutting of the trees? Sources: Chan Robles Virtual Law Library Administrative Code (Chapter Nine Section 39 Liability of Subordinate officers) Key Terms DENR - is the executive department of the Philippine government responsible for governing and supervising the exploration, development, utilization, and conservation of the country's natural resources. Don Sergio Osmea Sr. National School - is strategically situated at Balaga Drive, Labangon, Cebu City. This is a public secondary school founded on June 5, 1984 catering to the ever increasing population of Labangon. The school is named after the late President, Don Sergio Osmea Sr, in gratitude of his family's generosity for donating 1.2 hectares of land for the school site. It is situated in an urban commercial district where schools, markets, churches, gas stations, barangay halls and government offices are within neighboring communities. It is accessible by land transportation. Administrative Conference deals with the decision-making of

administrative units of government that are part of a national regulatory scheme in such areas as police law, international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport. Narra - is called the queen of Philippine trees because it's a national tree that grows all over the Philippine islands. It is a striking, large and strong shady tree with one of the most wanted wood for

furniture. The Philippine Narra Tree which is purplish, termite resistant and rose-scented and known for its hardwood.

Area of Law: Administrative Law Definition according to a secondary Authority: Administrative Law is defined by Dean Roscoe Pound as that branch of modern law under which the executive department of the government, acting in a quasi-legislative or quasi-judicial capacity, interferes with the conduct of the individual for the purpose of promoting the well-being of the community, as under laws regulating public interest, profession, trades and callings, rates and prices, laws for the protection of public health and safety, and the promotion of public convenience. (Source: Cruz, I. A. , Philippine Administrative Law) Primary Authority: According to the Administrative code of the Philippine, Section 38. Liability of Superior Officers. (1) A public officer shall not be civilly liable for acts done in the performance of his official duties, unless there is a clear showing of bad faith, malice or gross negligence. (2) Any public officer who, without just cause, neglects to perform a duty within a period fixed by law or regulation, or within a reasonable period if none is fixed, shall be liable for damages to the private party concerned without prejudice to such other liability as may be prescribed by law. (3) A head of a department or a superior officer shall not be civilly liable for the wrongful acts, omissions of duty,

negligence, or misfeasance of his subordinates, unless he has actually authorized by written order the specific act or misconduct complained of. Section 39. Liability of Subordinate Officers. -No subordinate officer or employee shall be civilly liable for acts done by him in good faith in the performance of his duties. However, he shall be liable for willful or negligent acts done by him which are contrary to law, morals, public policy and good customs even if he acted under orders or instructions of his superiors.

VINZONS-CHATO vs. FORTUNE TOBACCO CORPORATION, G.R. No. 141309

On the first issue, the general rule is that a public officer is not liable for damages which a person may suffer arising from the just performance of his official duties and within the scope of his assigned tasks. An officer who acts within his authority to administer the affairs of the office which he/she heads is not liable for damages that may have been caused to another, as it would virtually be a charge against the Republic, which is not amenable to judgment for monetary claims without its consent. However, a public officer is by law not immune from damages in his/her personal capacity for acts done in bad faith which, being outside the scope of his authority, are no longer protected by the mantle of immunity for official actions. Primary Source Used to find another Primary source Vidad vs RTC of Negros [G.R. No. 98084. October 18, 1993.]

The various complaints filed by the public school teachers allege bad faith on the part of the DECS officials. It cannot be pretended this early that the same could be impossible of proof. On the assumption that the plaintiffs are able to establish their allegations of bad faith, a judgment for damages can be warranted. Public officials are certainly not immune from damages in their personal capacities arising from acts done in bad faith; in these and similar cases, the public officials may not be said to have acted within the scope of their official authority, and no longer are they protected by the mantle of immunity for official actions. Orocio vs. COA [G.R. No. 75959. August 31, 1992.] It does not necessarily follow, however, that in no case may the petitioner be liable for his legal opinion. As the then officer-in-charge of the Office of the General Counsel of NPC, he exercised quasijudicial functions. He was empowered with discretion and authority to render an opinion as to whether the claim for reimbursement by the OPLGS was proper and ultimately, to determine if the NPC or any of its employees was responsible for the accident and, therefore, liable for the injury suffered by Abodizo under the law on quasidelict. If he rendered the opinion in the just performance of his official duties and within the scope of his assigned tasks, he would not be personally liable for any injury that may result therefrom. Otherwise stated, a public official may be liable in his personal capacity for whatever damage he may have caused by his act done with malice and in bad faith or beyond the scope of his authority or jurisdiction. Paragraph (1), Section 38, Chapter 9, Book I, of the Administrative Code of 1987 expressly provides: "SEC. 38. Liability of superior officers. (1) A public officer shall not be civilly liable for acts done in the performance of his official duties,

unless there is a clear showing of bad faith, malice or gross negligence."

CONCLUSION: