NOTE: THIS STORY WAS FIRST PUBLISHED IN THE BOHOL CHRONICLE’S SUNDAY PRINT EDITION.
The Office of the Ombudsman lifted the preventive suspension of Gov. Erico Aristotle Aumentado and 30 other government officials as of July 31, 2024.
The consolidated order resolved the motions for reconsideration of several government officials who were ordered suspended following the Captain’s Peak Resort fiasco.
The Ombudsman noted that it already has in its possession the case record and other additional compliances, copies of documents/evidence relating to the case.
Thus, the elements such as danger of tampering or destruction of evidence in the possession of respondents; the intimidation of witnesses, and possible commission of further acts of malfeasance by respondents that might possibly interfere in the Ombudsman’s investigation and evidence gathering are no longer present.
In his motion for reconsideration submitted on June 7, Aumentado affirmed that he did not approve nor extend assistance to the construction, operation, and expansion of Captain’s Peak Resort.
He further pointed out that he was unaware of Captain’s Peak Resort’s development until a news article was published in The Freeman.
After which, he immediately requested an investigation, which proves that he had no intent to violate the law.
Moreover, Aumentado argued that he does not exercise supervisory powers over the Protected Area Management Board (PAMB), Provincial Environment and Natural Resources Office (PENRO) and other government agencies on matters relating to the issuance of environmental clearances and permits.
He also justified that the preventive suspension is unwarranted because his continued stay in office will not prejudice the investigation, citing the prompt compliance of the Bohol Provincial Environment Management Office (BPEMO), under the supervision of the Governor’s Office, with the Ombudsman’s Subpoena Duces Tecum on March 15.
In addition, he stated that the relevant permits, clearances, and documents as well as the government officials involved in the ongoing investigation are beyond his authority.
30 OTHERS REINSTATED
Reinstated into office along with Aumentado after filing respective motions for reconsideration were Atty. John Titus Vistal, Provincial Planning and Development Officer; Batuan Mayor Antonino Jumawid, Catigbian Mayor Elizabeth Mandin-Pace, Clarin Mayor Eugeniano Ibarra, Valencia Mayor Dionisio Neil Balite, Bilar Mayor Norman Palacio and Vice Mayor Ranulfo Maligmat, Sierra Bullones Mayor Michael Doria and Vice Mayor Simplicio Maestrado, Jr.
The suspension orders were also lifted for the following: Brgy. Capt. James Diolan of Behind the Clouds, Batuan; Brgy. Capt. Ian Bernadez of Santa Cruz, Batuan; Brgy. Capt. Emmanuel Jumawid of Poblacion Vieja, Batuan; Brgy. Capt. Maria Fe Jala of Janlud, Batuan; Brgy. Capt. Flaviano Pacatang of Garcia, Batuan; Brgy. Capt. Rolando Pataca of Rizal, Batuan; Brgy. Capt. Gerardo Salces of Cantigdas, Batuan along with Brgy. Capt. Cecilio Tesio of Nueva Vida Norte, Carmen; Brgy. Capt. Nelito Gallogo of Montevedio, Carmen; Brgy. Capt. Querino Aparicio of La Victoria, Carmen; and Brgy. Capt. Gregorio Digamon of Nueva Vida Sur, Carmen.
The motions for reconsideration were also granted for Eugene Cabrera, Regional Director of the Office of Civil Defense (OCD) Region 7; Ma. Victoria Abrera, DENR-EMB Regional Director; Marlou Salazar, OCD-7; Engr. Jesus Zamora, Jr., Department of Science and Technology Region 7 Director; Angel Enriquez, Department of Agriculture Region 7 Director; Edilberto Paradela, DOST-7; Paquito Melicor, Jr., Gilbert Gonzales and Ricardo Francisco Toribio.
The news of the lifting of the preventive suspension was welcomed with fanfare during the flag retreat ceremony at the Bohol Provincial Capitol on Friday.
Aumentado was met with applause and cheers by provincial government department heads as well as employees on his return.
PREVENTIVE SUSPENSION
In its resolution, the Ombudsman ruled that there is insufficient ground to believe that Aumentado and the other officials’ continued stay in office may prejudice the investigation of the case filed against them.
It explained the importance of the power of the Ombudsman to preventively suspend government officials as part of its mandate to investigate.
The ruling clarified that the need for the preventive suspension may arise from several causes, among them, the danger of tampering or destruction of evidence in the possession of respondent; the intimidation of witnesses, etc.
In this case, the Ombudsman should be given the discretion to decide when the persons facing administrative charges should be preventively suspended.