I AM certain everyone will be writing and talking about the latest development in Bohol while I am self-debating whether to write about it or not. The whole day, today, Wednesday, I am engrossed with writing the script for my talk show.
While at it, the delivery guy came and voila, I finally have my purple mobile phone case! What a guilt trip! And by afternoon, a guest materialized in the house! So happy to have finally met Joselito “Lito” Valles, one of the very few who taught me how to drive from way back when. I remember Nong Jick Cagulada was the first person who taught me, followed by Papa’s driver—unfortunately I couldn’t remember his name, and then Lito. So, I had three instructors on the rudiments of driving. Hurray to all three of them, and thank you for the visit Lit.
As I ended my script, I thought what the heck, I will join the chorus!
This week, the Office of the Ombudsman, issued an Order — in a case filed by the Field Investigation Office, of the same office—against several respondents for grave misconduct, gross neglect of duty, and conduct prejudicial to the best interest of the service.
What’s written in the Order? Let’s summarize for brevity:
a) A Preventive Suspension Order was issued against identified respondent provincial and local government officials of Sagbayan Bohol, 2018-2022 Executive Committee (Execom) and members of the Chocolate Hills Natural Monument-Protected Areas Management Bureau (CHNM-PAMB), and officials of the Regional Office of the Department of Environment and Natural Resources (DENR Region 7);
b) Complainant charges public respondents with grave misconduct, gross neglect of duty, and conduct prejudicial to the best interest of the service relative to the construction, operation, and expansion of Captain’s Peak Resort (Resort) in Canmano, Sagbayan, Bohol—an establishment nestled in the middle of the iconic Chocolate Hills National Monument;
c) The Resort was allegedly developed without the required Environmental Impact Assessment (EIA), Environmental Compliance Certificate, and Special Use Agreement in Protected Areas (SAPA) from the Environmental Management Bureau (EMB) of DENR;
d) The Resort was issued with Mayor’s/business, building, and locational permits for the years 2020-2024 despite its repeated failure to secure the aforecited permits and clearances from the DENR;
e) The Complainant asserts that public respondents acted with manifest partiality, evident bad faith, gross inexcusable negligence, and committed gross violations of the National Integrated Protected Area System Act of 1992 (NIPAS ACT of 1992) and the Expanded National Integrated Protected Area System Act of 2018 (E-NIPAS Act of 2018) when they remained adamant and continuously tolerated the operation and expansion of Captain’s Peak Resort despite its lack of environmental clearances and/or permits and flagrant violations of the NIPAS and the E-NIPAS Acts;
f) Section 24 of Republic Act No. 6770 provides that preventive suspension may be imposed if the evidence of guilt is strong, and (a) the charge against such officer or employee involves dishonesty, oppression, grave misconduct or neglect in the performance of duty; (b) the charges would warrant removal from the service; or (c) the respondent’s continued stay in office may prejudice the case filed against him/her;
g) Respondents are hereby placed under PREVENTIVE SUSPENSION until the administrative adjudication of this case is terminated, but not to exceed SIX (6) MONTHS, without pay . . .; and,
h) In accordance with Section 27(J) of Republic Act 6770 this Order is immediately executory . . . implementation of this Order shall not be interrupted within the period prescribed.
It is unfortunate that Erico Aristotle C. Aumentado, governor, province of Bohol, among others, is in the list of those placed under Preventive Suspension.
Now, emotions are running high in response to this Order. Some are alleging politics and whatnot. However, I would like to use my objective lens to appreciate the Order.
Let’s analyze. First, the resort was constructed, operated, and expanded in Canmano, Sagbayan, Bohol; Second, it was allegedly developed without the required EIA, Environmental Compliance Certificate, and SAPA from EMB-DENR; Third, the resort was issued with Mayor’s/business, building, and locational permits for the years 2020-2024 even with its repeated failure to secure the required permits and clearances from DENR.
So, what is this all about?
This is about accountability of government officials. This is about due diligence in governance.
What is due diligence? Due diligence, in my research, is the ability to demonstrate that a person did — in this case, our public officials — what could reasonably be expected under their circumstances, in order to satisfy a legal requirement. A due diligence defense depends on your ability to demonstrate the actions taken before an incident occurs, not after.
This is making our public officials accountable, and serves as a grim reminder to always exact due diligence in local government units — whether in Barangays, municipalities, our lone city of Tagbilaran, the province of Bohol; those sitting in the executive committee (Execom) and members of any PAMB; and those sitting in national government agencies. A thorough review of projects and activities is not only critical, it is legal.
This is about the role, the responsibility, the mandate, and the accountability of public officials in the overall scheme of things.
In essence, this is about good governance.
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Writer hosts Woman Talk with Belinda Sales every Saturday, 10:00 a.m. at 91.1 Balita FM Tagbilaran City. She can also be reached at belindabelsales@gmail.com. Twitter @ShilohRuthie./PN
