SM sued for contempt

(Originally published in the April 15-21, 2012 issue of the Baguio Chronicle ---

a weekly newspaper based in Baguio City, Philippines ---

by Sly L. Quintos, Associate Editor.)

EMBATTLED mall giant SM Baguio suffered another setback this week with an urgent petition for contempt of court.

On Thursday, the Cordillera Global Network, represented by its President Gloria Abaeo, sued SM Investment Corp., its officers, directors, agents, representatives, and all persons acting under its direct control and supervision operating the tree-cutting and/or earth-balling operations at Luneta Hill.

During the March 15 and 21 hearings of the petition for TEPO, the environmental court made repeated pronouncements that it would “act accordingly” in the event that SM would commence with any act at which the plaintiffs seek to restrain.

Towards midnight of April 9 last week however, SM commenced cutting the trees, initially cutting seven, even before the environmental court could rule on the merits of the Temporary Environmental Protection Order or TEPO which environmental groups lodged against the mall giant.

Clandestinely and under cover of the night, SM also set up steel fences around the area, including its verandas on all of its three floors facing the same area, obviously to prevent anyone from witnessing any activities that SM would be doing over that part of Luneta Hill where the 182 tress are located.

SM, in several occasions, said the tree-cutting and earth-balling is necessary to give way to its highly-ambitious expansion at its backyard along Gov. Pack Road.

The day after SM started the cutting of the trees, the petitioners were able to secure a TEPO with a three-day lifespan.

At around 4 o’clock in the afternoon of April 10, while the trees were being cut or earth-balled, the Sheriff of RTC Branch 5, as ordered, and Sheriff Ruben Atijera of the Office of the Clerk of Court of the RTC Baguio, tried to serve the  order.

The Sheriffs however were prevented from serving the order by the security guards of the mall and instead, the Sheriffs were tendered a copy of the order on the guard on-duty at the entrance of the SM Administration Office by leaving a copy with him.

SM, however, in clear violation of the essence of the TEPO, continued to cut more trees in addition to the trees that were cut before the TEPO was issued.

On April 13, as the Baguio Chronicle went to press, Presiding Judge Antonio Esteves of RTC Branch 5 ordered SM Investments Corp. and its agents and all persons acting in its behalf to enjoin from conducting cutting, earth-balling and uprooting of trees within the Luneta Hill area “until after the terminations of them proceedings of this case”.*