The man found guilty of killing a Philippine eagle in 2008 in a village in Impasugong town, Bukidnon was fined P100,000 by Regional Trial Court Branch 10 Judge Josefina G. Bacal yesterday, a decision that an official of a conservation group called a “slap on the wrist” and a “lost opportunity.”
Bacal did not impose a prison term for Bryan Balaon, who was present when the sentence was read but betrayed no emotion. His lawyer, Alvy Damasco, said they will appeal the decision to the Court of Appeals.
Balaon initially admitted the crime in an affidavit and in a television interview but later recanted it. He said the affidavit was not voluntary on his part.
Bacal, however, did not give credence to Balaon’s defense. She cited the affidavit and the video shown by ABS-CBN reporter Lorenzo Luzon, a prosecution witness, who interviewed the accused, and corroborating statements from other witnesses as “sufficient evidence that convinced this court that clearly accused Bryan Bala-on committed the crime charged.”
The case was filed in 2008 after Balaon, a Higaonon from La Fortuna, Impasug-ong admitted to having shot the eagle named Kagsabua with an air gun and brought the dead bird home where he cooked and ate it with friends. He also said he buried the electronic tracking device attached to the eagle by the Philippine Eagle Foundation (PEF).
Luzon’s video of Balaon’s confession included a clip showing the accused reenacting how he shot the bird. Bacal said she gave weight to these accounts.
The Department of Environment and Natural Resources, which filed the complaint, called it a test case for the country’s Wildlife Resources Conservation and Protection Act (Republic Act 9147).
Felix Mirasol Jr., DENR-Bukidnon chief, who said Balaon’s case was the first of its kind in the country, described the sentence as “unfair” for the wildlife conservation and protection efforts. He said he will file a motion for reconsideration before the court “to provide more time to explain until the judge can appreciate more the case.”
Dennis Joseph Salvador, PEF executive director told MindaNews Wednesday he was disappointed since “I expected the court could appreciate the value of what we lost here.” He said the “minimal fine” neither represented what the people lost in real terms nor matched Balaon’s “mockery of the law.”
He said the sentence missed an opportunity even if he admitted that it was a “successful trial.”
“This does not augur well for the enforcement of the country’s wildlife laws,” he added.
Appeal
Damasco told his client he will appeal Bacal’s decision to the Court of Appeals.
“We lost but don’t’ worry we will appeal this. At least there is no imprisonment,” the lawyer told the Balaons, who appeared worried.
They refused to give a statement on the decision, except to say the accused has remained in their community as a farmer after he was released on bail.
FPIC
Salvador meanwhile belied reports they did not obtain a free and prior informed consent (FPIC) from the Lumad communities where they released the eagle.
Manobo tribal leader Datu Ampuan Jeodoro Sulda gave a word of advice to the PEF in a meeting with the group’s representatives sometime in July 2010: secure an FPIC first before releasing an eagle.
Sulda was quoted as saying the PEF needs to undergo the FPIC process as spiritual and cultural consultation with the Lumads and their ancestors who live in the protected areas.[Walter I. Balane/MindaNews]
