Fiscal clears researchers on endangered birds’ death

THE Office of the Cebu City Prosecutor’s Office dismissed the charges filed against three students and five professors of a Cebu university for killing eight Black Shama birds or “Siloy.”

In her decision issued last Nov. 5, 2014, Cebu City Prosecutor Mary Ann Castro ordered the dismissal of the case filed by the Department of Environment and Natural Resources (DENR) after she found that there was nothing illegal in the killing of the endangered birds because that was done for research purposes.

In a statement, DENR 7 officials said they plan to ask the Cebu City Prosecutor’s Office to reconsider its decision.

Named as respondents in the case are Ninokay Beceril, Elrich Sydney Barinque, and Ephem Jun Fernandez, who are students of the Cebu Normal University (CNU); their thesis adviser, Edward Lawrence Opena; Richard Parilla, a professor of the University of San Carlos (USC), and CNU teachers Nimfa Pansit, Joezen Coralles and Elena Lozano.

The DENR 7’s Protected Area and Wildlife Division (PAWD) filed the charges against the students and professors last year.

Castro’s decision was also approved by Prosecutor III Rodulph Joseph Val Carrillo and acting Cebu City Prosecutor Maria Luisa Ratilla.

For research

In her decision, Castro said respondents of the case cannot be charged for violation of Republic Act 9147, otherwise known as Wildlife Resources Conservation and Protection Act, since the students were merely using the birds for their thesis as stated in Section 27 of the law.

“Killing and destroying wildlife species is per se unlawful. However, there are exceptions to the rule and that is if the killing and destruction of wildlife (in this case the Black Shama) is done according to an authorized research or experiment,” she added.

Castro added that while PAWD claims that the students and their professors violated the permit they issued before the study was conducted, she reminded DENR that the permit they issued is not the law itself.

Reconsideration

Dr. Eddie Llamedo, DENR 7 spokesperson, said they plan to file a motion for reconsideration before the Cebu City Prosecutor’s Office.

Llamedo said DENR 7 reiterates its stand that the killing of Black Shamas is a clear violation of RA 9147.

“The research does not justify the killing of these species. There are two justifications that authorize the use of the species for research, but absolutely no killing,” he added.