Friday, December 05, 2008 [ manilatimes.net ]
Ombudsman’s move strengthens SC decision to uphold sovereignty of Boracay
ENVIRONMENT and Natural Resources Secretary Lito Atienza vowed to continue the prosecution of administrative and criminal charges against Mayor Ceciron Cawaling of Boracay and other municipal officials on Boracay Island who allowed the construction of a hotel-resort on a protected area.
In a statement, Atienza is determined to continue the prosecution of the administrative and anti-graft and corrupt charges against Mayor Ceciron Cawaling of Malay town, and his co-accused Elizer Casidsid, municipal engineer; Alma Belejerdo, zoning administrator.
The Department of Environment and Natural Resources (DENR) filed a four-page complaint for violation of RA 3019, E.O 292 and RA 6713 on May 15 before the Office of the Ombudsman against the government officials and the board of directors of J. King and Sons Co. Inc. after the Environment department found out that the Boracay Crown Regency was being constructed on a piece of wetland which falls within the classification of protected area.
J. King and Sons Co. Inc. is the owner of the Boracay Crown Regency, which has 457 rooms with 2,800-square meters swimming pool with Water Park. The convention center can accommodate 1,800 persons.
The company launched their project on July 26, 2007.
Atienza noted that the move of the Ombudsman strengthens the earlier decision of the Supreme Court upholding the state sovereignty of Boracay.
Atienza said that the DENR is fully determined to get everybody conscious in their duties to protect the environment and the country’s natural wealth, especially the local government officials who are mandated by law to do so.
The DENR said that J. King and Sons Company “did not comply with the requirements of environmental laws prior to the construction,” and that the respondent local officials were “negligent in suspending the construction and likewise liable in the issuance of the building permits without the required environmental compliance certificate [ECC].”
The department also pointed out that under Proclamation No. 1064, development projects or any type of construction on a wetland requires the approval of the Office of the President.
Atienza said DENR officials also submitted to the Ombudsman its physical assessment of the Crown Regency site that “revealed that the said area is a wetland, as evidenced by the slightly saline or brackish waters, lush shrubs and mangroves and the various species of fish found there.”
The DENR complaint also said that the respondent local officials had been negligent in implementing Resolution No. 042 issued by the Sangguniang Bayan of Malay, which was issued in response to the department’s call for a moratorium on new construction of structures/buildings in Boracay.
Aside from approving administrative and criminal charges to be filed against the respondents, the Office of the Ombudsman Field Investigation Office (FIO) also recommended that Mayor Cawiling, Casidsid and Belejerdo be placed under preventive suspension while the preliminary investigation is going on.
If found guilty, the accused may face imprisonment for not less than six years and one month to 15 years, perpetual disqualification from public office and confiscation or forfeiture in favor of the government “of any prohibited interest and unexplained wealth manifestly out of proportion to his salary and lawful income.”
