NOTE: THIS STORY WAS FIRST PUBLISHED IN THE BOHOL CHRONICLE’S SUNDAY PRINT EDITION.

Administrative and criminal cases have been filed against Panglao Mayor Edgardo F. Arcay with the Office of the Ombudsman for his issuance of a Business Permit without the permittee’s compliance with prior requirements, among others.

For giving unwarranted benefits, advantage and preference in the discharge of his official administrative functions through manifest partiality, evident bad faith or gross inexcusable negligence in favor of POSEIDON WATER LEISURE AND ENTERTAINMENT, INC. (POSEIDON), a Chinese/Filipino corporation with business address at Tangnan, Panglao, Bohol, an administrative case was filed against Mayor Arcay for Grave Misconduct and Gross Negligence for Violation of Sections 3 (e) and (f) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and Section 4 (a) and (b) of RA 6713 or the  “Code of Conduct and Ethical Standards for Public Officials and Employees.”

At the same time, the mayor is facing a criminal case for Graft and Corruption under Sections 3 (e) and (f) in relation to Section 9 (a) of RA 3019.

The complainants likewise asked for the suspension of the mayor, in accordance with Section 13 of RA 3019.

The case was filed by private citizens, taxpayers, and residents of Tangnan, Panglao, Bohol.  It stemmed from the mayor’s issuance of Business Permit No. BP-2024-03343-0 issued on November 7, 2024 and expiring on December 31, 2024 in favor of POSEIDON for “Aqua Sports Activities” over Neptune Garden Diving Site at Napaling Point in Tangnan, Panglao.

The Neptune Garden Diving Site has been declared a dive site by Municipal Ordinance No. 12, s. 2014.

The Building Permit for “Aqua Sports Activities” was issued despite the recommendation of the Municipal Environment and Natural Resources Officer (MENRO) Rojeine Sedillo in the MENRO Assessment Report dated November 5, 2024, two (2) days before the issuance of the Business Permit, that “only snorkeling and diving and no aqua sports activity will be done specially jetski.”

Moreover, even before the issuance of the Business Permit on November 7, 2024, POSEIDON had already installed a 300-square meter floating platform and pontoons on the sea at the Neptune Garden Diving Site, had been operating its aqua sports facilities (banana boat and jet skis) thereon, and had been feeding the sardines to entice them into the sea fronting its building without having been issued a STOPPAGE or CLOSURE ORDER by the mayor.

Even while the Business Permit did not include the installation of the floating platform and rubber pontoons on the sea, the mayor allowed and tolerated such installation above the coral area.

Worse, the floating platform was installed just above a coral-rich area and, as discovered by divers, its anchors were dropped and sliced into the corals, destroying them.

Mayor Arcay issued Business Permit No. BP-2024-03343-0 for POSEIDON even without POSEIDON having submitted the following documents, as certified by the concerned offices: Building Permit as confirmed by Municipal Engineer Engr. Rogelio S. Bonao in a letter dated December 3, 2024, and Environmental Compliance Certificate (ECC) as confirmed by Environmental Management Bureau (EMB) Regional Director Ma. Victoria V. Abrera in a letter dated December 4, 2024.

In the same letter, EMB Regional Director Abrera wrote, “we recognize the importance of investigating this matter thoroughly by assessing the situation and ensure that proper procedures have been followed in compliance with environmental regulations.”

POSEIDON likewise had no foreshore lease, as confirmed by the CENRO representative “Mr. Aparicio” who revealed during the Panglao Sangguniang Bayan (SB) session on November 11, 2024 that “Poseidon Dive Center and Modala Beach Resort neither have Foreshore Lease Agreement nor Miscellaneous Lease Agreement authorizing the establishment of floating platforms.”

The floating platform and rubber pontoons installed by POSEIDON in the Neptune Garden Diving Site is, therefore “a prohibited structure on a foreshore land/area, in violation of Municipal Ordinance No. 02, s. 2015,” complainants pointed out.

Resultantly, the Panglao SB issued SB Resolution No. 360 s. 2024 dated November 11, 2024, entitled, “A RESOLUTION RESPECTFULLY REQUESTING THE LOCAL CHIEF EXECUTIVE, MAYOR EDGARDO F. ARCAY, TO ISSUE DIRECTIVES REGARDING THE REMOVAL OF THE FLOATING PLATFORM OF POSEIDON DIVE CENTER IN BARANGAY TANGNAN, DUE TO THE ABSENCE OF NECESSARY PERMITS AND OTHER POTENTIAL RISKS THESE PLATFORMS MAY POSE TO THE AQUATIC ENVIRONMENT.”

In its resolution, the SB stated that “the area which Poseidon Dive Center has placed these floating platforms is a renowned diving site of Panglao, a treasured marine habitat that attracts both local and international divers, the presence of unregulated floating platforms may pose ecological risk to this sensitive habitat, such as coral damage from low tide impact and sunlight obstruction crucial for marine biodiversity.”

This SB Resolution No. 360 s. 2024 was, however, disregarded by Mayor Arcay, as he neither issued any order for the removal of the floating platform, nor revoked the Business Permit already issued.

Neither did the mayor act on the complainants’ and other Tangnan residents’ letter dated November 20, 2024 asking for the following: REVOCATION OF THE BUSINESS PERMIT/ORDER OF TOTAL REMOVAL OF THE PLATFORM/PROHIBITION OF AQUA SPORTS ACTIVITIES/ ORDER OF STOPPAGE OF ALL OPERATIONS of POSEIDON WATER LEISURE AND ENTERTAINMENT, INC. of Tangnan, Panglao, Bohol.

Mayor Arcay’s protective stance in favor of POSEIDON was likewise assailed as being contrary to his strict order to implement of the requirement of a building permit before the issuance of a Business Permit in the case of other resorts/establishments.

In a news article printed in the November 24, 2024 issue of The Bohol Chronicle, entitled, “Mayor warns bizmen w/ no building permit, Bldg officer in hot water”, it was stated that “Mayor “Boy” Arcay issued yesterday a stern warning against businessmen operating without business permits legally issued by his office,” specifically targetting “Bamboo Travel and Tours”.  A picture accompanying the news article showing a building was captioned, “PANGLAO Mayor Boy Arcay personally warns Bamboo Travel and Tours from operating without a mayor’s permit and a questionable building permit.”  Another picture was likewise published beside the article showing respondent MAYOR ARCAY personally talking to a person.

In the article, it was further written that “The warning of the mayor came after he found out that a Boracay-based travel agency completed the construction of its building without a building permit while announcing its opening set tomorrow, with no Mayor’s Permit.”

The news article further stated, “The mayor who was irked on this development personally went to Bamboo Travel and Tours last week to warn the owner not to start operating since the firm does not have both the building permit and the permit of his office to operate.”

In the same issue of The Bohol Chronicle was another news article entitled, “Panglao mayor asked to revoke POSEIDON’s permit”.

Mayor Arcay was condemned for using a stronger hand against Bamboo Travel and Tours which had not even destroyed the environment, while, at the same time, treating POSEIDON with a kid’s glove, having issued a Business Permit without any Building Permit, and worse, allowing Aqua Sports Activities despite the MENRO Report and tolerating the installation of the floating platform and pontoons within the “Neptune Garden Diving Site”, consequently destroying the corals underneath the platform.

Mayor Arcay has yet to file his Answer to the complaint filed with the Office of the Ombudsman.