THE Ombudsman’s order suspending without pay for six months of Gov. Aris Aumentado and 68 others is ‘null and void,’ lawyer Jordan Pizarras said in his facebook post that gained over a hundred likes as of 5:30 on Wednesday, May 29, 2024.
Pizarras based his study and the law. He said, “The law is clear — the suspension order must be signed by the Ombudsman or his deputy. The suspension order against Gov. Aris Aumentado was signed only by the Special Prosecutor !!!”
He cited Section 24. Preventive Suspension (of the Ombudsman law) — The Ombudsman or his Deputy may preventively suspend any officer or employee under his authority pending an investigation, if in his judgment the evidence of guilt is strong, and (a) the charge against such officer or employee involves dishonesty, oppression or 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.
“Akong ge-estudyuhan ang Ombusdman Suspensión order batok sa 68 ka Ofisyales. Wala maka hisgut ug unsay partisipasyon sa atong mahal nga gobernador Aris ug sa mga mayores except sa taga Sagbayan. Walay facts nga maka ingon ta nga mahimong basehan sa pag apply sa power to suspend. Dili Pwede nga mo suspend ka ug ofisyal basi lang kay naa kay power. Abuse of power na.”
(In my study the Ombudsman suspension against the governor and 68 others did not mention what are the participation of the governor and the mayors, except of those in Sagbayan town. There were no facts cited as bases to use the power of suspension. That’s abuse of power).
“Ug sa uban pang mga legal reasons, maka ingon ko nga sayop ang maung suspensión order. Angay e-cancel ug e-basura sa mga higher courts.” (Other legal reasons, I would say the suspension order is wrong. It needs to be cancelled and junked by higher courts).
Pizarras, a Makati-based lawyer but Boholano by blood told the governor, “Kauban mi nimo Gov. Aris!.” (We are in this together).
Bohol Gov. Erico Aris Aumentado told Capitol employees of his suspension and urged employees to unite and do their best in the name of public service.
“Pagtinarung intawon mo kay nagkinahanglan ang katawhang Bol-anon sa inyong tinud-anay nga serbisyo,” he told employees while leaving the Capitol premises. (Please be always upright because the people need your honest services).
The Field Investigation Office (FIO) opines that the governor and others have acted 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 The Captain’s Peak Garden and Resort in barangay Canmano in Sagbayan town, an establishment nestled in the middle of the CHNM, a declared protected area.”
Ombudsman said “Captain’s Peak was allegedly constructed, operated and further developed without the required Environmental Impact Assessment, Environmental Compliance Certificate (ECC) and Special Use Agreement in Protected Areas (SAPA) from the Environmental Management Bureau (EMB) of DENR.
Prior to its halt of operations, the Captain’s Peak had secured mayor’s business, building and locational permits for the years 2020-2024 issued by the Sagbayan town officials despite the failure to having environmental clearances from the DENR.
Ombudsman said the Captain’s Peak breached National Integrated Protected Areas System and the Expanded-NIPAs Act.
The Chocolate Hills composed of over 1,770 conical hills within the interior towns of Carmen, Sagbayan, Bilar, Batuan and Valencia, are protected under the NIPAS law and E-Nipas act of 2018. (Ric Obedencio)
