Ex-Baguio lawmaker faces contempt raps
BAGUIO CITY—Government lawyers have filed contempt charges with the Court of Appeals (CA) against a former Baguio lawmaker for allegedly violating a 2014 writ of kalikasan issued by the Supreme Court and a 2015 permanent environmental protection order (Pepo) from the CA involving his mountain property.
Nicasio Aliping, a lawyer and former representative of Baguio’s lone congressional district (2013-2016), is the subject of an Oct. 14 motion for contempt filed by Solicitor General Darlene Marie Berberabe, accusing Aliping of improving his property atop the mountain, which straddles Baguio City and the Benguet town of Tuba, in direct violation of the appellate court’s directive.
The charges stemmed from deep excavations on a 3,114-hectare portion of the Mt. Sto. Tomas Forest Reserve, which resulted in the destruction of 700 trees and the disruption of a water source serving Baguio City.
The Pepo mandates that Aliping “permanently cease and desist from performing acts to develop or enhance the property he claims at the Sto. Tomas Forest Reserve.” This includes bulldozing, leveling, any earthmoving activities, improving the old building on the land, or constructing any new structures.
Lawyer Francisca Macli-ing Claver, counsel for Baguio and Tuba residents who sought the writ in 2014, lauded the Office of the Solicitor General (OSG) for acting on their behalf. The OSG’s case is based on an April 7 monitoring report from the Department of Environment and Natural Resources (DENR) Cordillera office, which confirmed that Aliping made changes to his Sto. Tomas property in December 2023 and had completed these improvements by April 2024.
Singled out
The DENR’s regional enforcement division, which inspected Aliping’s property, had requested that Baguio’s Community Environment and Natural Resources Office issue him a notice of violation.
The OSG also urged the court to order the demolition of all improvements Aliping has made at Mt. Sto. Tomas “at his own expense.”
Sought for comment, Aliping said on Friday that his right to the property in the forest reserve was established by a 2021 court decision, in which he was acquitted of forest law violations by Municipal Circuit Trial Court Judge Noe Aquino of Tuba-Sablan.
He said the court ruled that his tax declarations for the Sto. Tomas land he purchased were valid and that it was up to the Tuba municipal government to go through the proper legal process to nullify tax declarations within the Sto. Tomas reserve.
DENR blamed
Aliping also questioned the Pepo, arguing it held him responsible for the excavations without due process. However, the SC dismissed his complaint in a 2022 ruling and upheld the Pepo.
Aliping claimed he was being unfairly singled out in the OSG’s actions, as other landowners in Mt. Sto. Tomas had not been reprimanded for similar activities.
“I read about my new charges on social media. Is it illegal to improve and renovate your property? Everyone in the area has been making improvements. In fact, some are building new structures, but I am once again the villain,” he said in a series of text messages.
Aliping also pointed to the DENR as a respondent in the writ of kalikasan, saying, “The DENR allowed more or less 91 titles to be issued in the area. That act of the DENR is obviously illegal. The DENR should be investigated.”
The DENR report said that Aliping’s property, originally a small structure made of wood and galvanized iron sheets, has now been transformed into a concrete building. The property was reportedly being used to accommodate guests when inspectors came in December 2023 and April 2024.
Aliping’s brother, Gil, has been serving as the caretaker of the Sto. Tomas property, while another brother, Brian, has allegedly purchased an adjoining lot, the DENR report said.
In 2023, Aliping requested permission from DENR to repair his property twice, but both requests were denied.
Aliping maintained the Sto. Tomas lot is not intended for commercial use. The property, now known as Nicasio Farm, features gardens planted with taro and strawberries, he said.
