Benguet mountain gets landmark SC ruling

BAGUIO CITY — The Supreme Court en banc has recently denied the appeal of former Baguio City Congressman Nicasio Aliping Jr. in connection with the writ of kalikasan over the Sto. Tomas Forest Reserve at Mt. Sto. Tomas Mountain in Tuba, Benguet.

The High Court junked the Petition for Review on Certiorari filed by the former lawmaker against the Court of Appeals (former 4th Division), Bishop Carlito J. Cenzon, Archbishop Socrates Villegas, Sheree Nolasco, Marie Balangue, Nonnette C. Bennett, Dr. Teresita De Venecia, Antonio Supremido Jr. and Pastor Gener Tandoc.

To recall, the SC en banc on September 2014 issued a writ of kalikasan with a Temporary Environmental Protection Order, stopping any developments and other activities being done in the forest reserve.

The issuance directed concerned officials, private individuals including Aliping to refrain or stop earth-moving activities in the area — especially the spot where a teleserye was previously filmed was closed to tourism activities as tourists swarmed the area where the surroundings were pestered with congestion and pollution.

Aliping filed a petition with the Court of Appeals his return to the writ on 14 October 2014 and on May 2015, the CA granted the privilege of the writ of kalikasan; the writ of continuing mandamus and the TEPO was made permanent.

The petitioner was also ordered to cease and desist from developing the land he was claiming.

However, Aliping again filed a petition with the CA a motion for reconsideration on October 2015. This was then denied by the High Court’s en banc.

The SC en banc’s decision was actually promulgated on June 2022 but was posted on 25 November 2022.