ILOILO – Former and incumbent officials of Ajuy and Banate towns where charged with violating Republic Act (RA) 9003 (Ecological Solid Waste Management Act of 2000) for the continued operation of open dumpsites in their municipalities.
The Special Panel of Investigators of the Environmental Ombudsman lodged the complaint for violation of Section 37 of the Act which prohibits the use of open dumps for solid waste.
Open dumps are disposal areas where solid wastes are indiscriminately thrown without due planning and consideration for environmental and health standards.
Charged in Ajuy were former mayor Juan Alvarez, former vice mayor Jose Rojas III, Sangguniang Bayan members Joyce Zerrudo, Emmanuel Asumbra, Robert Villaruz, and Bonifacio Tupas; former Sangguniang Bayan members Melquiades Babar, Renato Verdad, Ramon Rojas III, and Carlos Tijam Sr; and Municipal Environment and Natural Resources Officer (MENRO) Diona Silvido.
In Banate, those charged were Mayor Carlos Omes Cabangal Jr., former vice mayor Mary Ann Acejo, Sangguniang Bayan members Arnulfo Babe, Norlene Raño Cabangal, Leoravi Palec Bacos, Noel Omes Bagsit, Ryan Arimas Villaruel, Joje Basadre Undar, Cesar Ansus Cabangal, Filemon Managuelod Iran Jr., and Alex Palma Cabangal, and Ma. Luz Moncada Ferrer, the MENRO.
The following were further charged with gross neglect of duty: Ajuy Sangguning Bayan members Zerrudo, Asumbra, Villaruz, Tupas, and MENRO Silvido, and Banate mayor Cabangal and Sangguniang Bayan members Babe, N. Cabangal, Bacos, Bagsit, Villaruel, Undar, C. Cabangal, Iran, A. Cabangal, and MENRO Ferrer.
On Feb. 15, 2016 Commissioner Romeo Hidalgo, nongovernment organization representative to the National Solid Waste Management Commission, filed a verified complaint at the Office the Ombudsman charging the respondents of violating Article 6, Section 37 of RA 9003.
That section read: “No open dumps shall be established and operated, nor any practice or disposal of solid waste by any person including local government units (LGUs), which constitutes the use of open dumps for solid waste, be allowed after the affectivity of this Acts: Provided, that within three years after the affectivity of this Act, every LGU shall convert its open dumps into controlled dumps, in accordance with the guidelines set in Section 41 of this Act: Provided, further, that no controlled dumps shall be allowed five years following the affectivity of this Act.”
The panel of investigators inspected the dumpsite of Ajuy on Sept. 5, 2016 and reported the following findings:
* the soil cover does not appear to be compacted; the soil appeared loose
* no observable leachate pond, or drainage facility in the dumpsite to collect leachate; high probability of contaminated water
* signage was put up in the dumpsite but the contents thereof were not in compliance with DAO-2006-2009
* no drainage control system observed
For the Banate dumpsite, the panel made the following observations:
* site is not fully covered by soil; a portion of the dumpsite was still uncovered with noticeable pile of waste. For the cover portion, some wastes were still noticeably exposed, suggesting that the proper thickness of soil covering was not observed.
* incomplete perimeter; only the front and half of one side was fenced with galvanized iron sheets, bamboos and nets; the rest of the perimeter were still open despite presence of shrubs in some areas that did not provide effective natural barrier
* entire surface of the dumpsite was flattened so the top was not graded to slopes.
The Special Panel of Investigators of the Environmental Ombudsman Program filed the complaint on Nov. 10, 2017 yet but the press learned about it only recently.
According to Provincial Legal Officer Dennis Ventilacion, the respondents filed counter-affidavits in February 2018.
In June last year, the Environmental Management Bureau (EMB) Region 6 disclosed that only 30 percent of LGUs in Western Visayas complied with the Ecological Solid Waste Management Act on open dumpsites.
Western Visayas has 98 local government units – five cities and 95 municipalities in five provinces. Some claimed they did not have money to meet solid waste management standards that the law set./PN
