TAGBILARAN CITY, Bohol (PIA)—Ombudsman Samuel R. Martires, in an order dated July 31, 2024, has lifted the 6 months of preventive suspension of Bohol Governor Erico Aristotle Aumentado, 8 mayors and vice mayors as well as 22 other suspended government officials and employees and reinstated them to their offices effective July 31, 2024.
Last May 27, 2024, the Field Investigation Office of the Office of the Ombudsman, cited Governor Aumentado and 147 other government officials and employees with conduct prejudicial to the best interest of the service, grave misconduct and gross neglect of duty, and meted out a six month preventive suspension without pay, for the alleged erring officials.
While some of the officials have ceased their work with government and could not technically be sanctioned officially, Aumentado with 69 other officials in the government were suspended without pay, so they could not exercise their powers to meddle with the investigations.
The charges came after Captain’s Peak Resort, a resort built in the middle of the Chocolate Hills National Monument (CHNM) and protected area, became a sensational issue when an innocent video blogger posted a drone shot of the resort’s swimming pool sitting in the middle of two hills, presumably belonging to the 1776 protected hills by virtue of the Republic Act 11038 or the expanded National Integrated Protected Areas Systems Law (e-NIPAS).
The viral social media post cost the heads of Aumentado and the public officials, whose areas of jurisdiction spanned from being Barangay Chairmen sitting in the Protected Areas Management Bureau (PAMB) to officials believed to have a hand in granting permits and licenses to the resort.
The lifting of the suspension of the 31 officials including governor Aumentado came two months and four days, while the remaining 38 officials are still battling with the appreciation of their defenses to get them back to work.
Although graciously bowing to the suspension order, in his defense, the governor and his counsels filed a Motion for Reconsideration last June 7, arguing that he did not approve and extend assistance to the construction, operation and expansion of the Captain’s Peak Resort as he was unaware of its development until it was published in a regional paper.
And to prove on his no-intent-to-violate-the-law, the governor’s legal defense team asserted that Aumentado in fact ordered the Sangguni-ang Panlalawigan to conduct an investigation in aid of legislation.
There was also no document that shows the governor’s approval of the recent developments at the Captain’s Peak.
Moreover, the governor argued further that he does not exercise any supervisory powers over the PAMB, the Provincial Environment and Natural Resources Office as well as other government agencies relative to the issuance or environmental clearances and permits.
Citing the preventive suspension as unwarranted, the governor said hos continued stay in office would not prejudice the investigation, as the issuance of relevant permits, clearances and documents as well as government officials involved in the investigation are beyond his authority.
Meanwhile, in joint motions, Batuan Mayor Antonino Jumawid, Catigbian Mayor Elizabeth Pace, Clarin Mayor Eugenio Ibarra, Valencia Mayor Dionisio Neil Balite, Sierra Bullones Mayor Michael Doria, Sierra Bullones Vice mayor Simplicio Maestrado Jr., Bilar Mayor Norman Palacio and former Bilar Vice Mayor Ranulfo Maligmat argued through counsel that Captain’s Peak is outside their official jurisdiction, and as they may be ex-officio members of the PAMB for the CHNM during their terms, none of them in their official capacities was present in any special meetings called for the issuance of clearances for the development of the controversial resort.
While stressing the pivotal role of the Ombudsman in issuing preventive suspensions without any need for preliminary hearing, and only the exercise of its sound judgment, as this is an extension of its power to investigate, the office however found that all documents and additional records necessary for the evaluation of the suits filed are already in possession of the Ombudsman.
Ombudsman Martires also noted this time, that there is not enough ground to believe that the reinstitution of said officials can prejudice the investigation of the case file against them, thus the lifting of the suspension.
With Aumentado and 8 mayors, also reinstated are Department of Agriculture Regional Executive Director Angel Enriquez, Department of Science and Technology Regional Director Edilberto Paradela, Department of Environment and Natural Resources Regional Director Paquito Melicor Jr., former DENR Regional Director Gilbert Gonzales, Bohol Provincial Planning and Development Officer Atty John Titus Vistal and Barangay Chairmen of barangays with protected Chocolate Hills.
These include James Diolan, Ian Bernadez, Emmanuel Jumawid, Maria Fe Jala, Flaviano Pacatang, Rolando Pataca, Gerardo Salces, Eugene Cabrera, Ma. Victoroia Abrera, Marlou Salazar, Jesus Zamora, Cecilia Tesio, Nelito Gallogo, Quirino Aparicio, Gregorio Digamon and Perfecto Buro. (PIABohol)
