UIs AND ESTEPA LAW OFFICES, Republic of the Philippines his 9 A Sifp5 ——— a OFFICE OF THE OMBUDSMAN t GN gy 0 Miriam P. Defensor-Saniago Avenue former Brgy. Bagong Pag-ase, Diliman, Quezon City 1105 FIELD INVESTIGATION OFFICE, Office of the Ombudsman Complainant, OMB-C-C-MAY-24-0036 For: Violation of Section 3 (e) and (j) of RA 3019 ~versus- ERICO ARISTOTLE AUMENTADO Governor, Province of Bohol, New Capitol Bldg. Province of Bohol, Tagbilaran City RESTITUTO Q. SUAREZ DI Mayor Municipality of Sagbayan, Bohol LORNA L. FERNANDEZ, PAMB Secretariat/Assistant Protected Area Superintendent (APASu), DENR, Tgbileran City, Bohol LAURENTINO A. BAUTISTA Officer-In-Charge, DENR CENRO/ Protected Arca Superintendent (PASu), DENR, Tagbilaran City, Bohol EDGAR M. CHATTO. Governor, Province of Bohol Congressman, First District Province of Bohol, Tagbilaran City MARIA VANESSA C. AUMENTADO Congresswoman, Second District ~~ Province of Bohol, Tagbilaran City IKRISTINE ALEXIE B. TUTOR 33 (Congresswoman, Third District *rovince of Bohol, Tagbilaran City Cova ror igs 3 R IMPLICIO C. MAESTRADO, JR. yor lunicipality of Sierra Bullones, Bohol i z z é = a DAGUINOD MENDOZA-MARTELINO CHAVEZ sy RECEIVEDPage 2 of 83 Resolution FIO vs. Aumentado, etal OMB-C-C-MAY-24-0936 RICARDO L. SUAREZ Mayor Municipality of Sagbayan, Bohol ANTONINO M. JUMAWID Mayor Municipality of Batuan, Bohol RICARDO FRANCISCO A. TORIBIO Municipal Administrator Municipal of Carmen, Bohol VIRGILIO L. LUROT Mayor Municipality of Catigbian, Bohol ALLEN RAY Z. PIEZAS Mayor Municipality of Clarin, Bohol NORMAN D. PALACIO Mayor Municipality of Bilar, Bohol MAXIMO G. LOMOSBOG Zoning Administrator Municipality of Sagbayan, Bohol CONCHITA T. DELOS REYES Mayor Municipality of Carmen, Bohol EUGENIANO E. IBARRA. Mayor Municipality of Clarin, Boho! —~-—.. MANUEL G. JAYECTIN Mayor g Municipality of Bilar, Bohol gi PLIZABETH E. MADIN PACE layor Municipality of Catigbian, BoholPage 3 of 83 Resolution F10 vs. Aumentado, et al OMB-C-C-MA MICHAEL G. DORIA Mayor Municipality of Siera Bullones, Bohol MARIA KATRINA LIM Mayor Municipality of Valencia, Bohol CALIXTO GARCIA Mayor Municipality of Valencia, Bohol DIONISIO BALITE Mayor Municipality of Valencia, Bohol ATTY. JOHN TITUS J. VISTAL Provincial Planning and Development Officer Province of Bohol, Tagbilaran, Bohol GILBERT C. GONZALES Regional Director, DENR-7/Chairman, PAMB Diliman, Quezon City MA. VICTORIA V. ABRERA Regional Director DENR-EMB, Diliman, Quezon City PBGEN. EDUARDO ROQUE VEGA Regional Director Philippine National Police Region 7, Cebu City ENGR. JESUS F. ZAMORA, JR. Regional Director Department of Science and Technology Region 7, Cebu City EFREN B. CARREON ————~ Regional Director ‘ational Economie Development Authority Region 7, Lahug, Cebu City UGENE G. CABRERA gional Director lice of Civil Defense Region 7, Ilaya, Batanges CityPage 4 of 83 Resolution FlO vs. Aumentade, etal OMB-C-C.MAY-24-0036 JOEL A. ELUMBA Regional Director Department of Agriculture Region 7, Banilad, Mandaue City MARLOU L. SALAZAR Regional Director Office of the Civil Defense ~ Region VII, llaya, Batangas City EDILBERTO L. PARADELA Regional Director Department of Science and Technology ~ Region VII, Lahug, Cebu City P/BGEN. VALERIANO T. DE LEON Regional Director Philippine National Police Region 7, Cebu City PAQUITO D. MELICOR, JR. Regional Executive Director/Chairman PAMB, DENR Northem Mi indanao, Cagayan De Oro City SALVADOR D. DIPUTADO Regional Executive Director Department of Agriculture Region 7, Mandaue City ANGEL C. ENRIQUEZ Regional Executive Director Department of Agriculture Region 7, Banilad, Mandaue City P/MAJ. JESUS C. DAPLIN Representative of Regional Director P/BGen. Eduardo Roque Vega Philippine National Police Region 7, Cebu City NICEFORO BUTRON LGU-Representative of Mayor Simplicio Maestrado, Jr. Municipality of Sierra Bullones, Bohol EPITACIO M. CANINO, JR. Representative of Municipal Mayor Restituto Q. Suarez III Municipality of Sagdayan, Bohol & EMMANUEL GULAYAN g oe of Municipal Mayor Eugeniano E. Ibarra lunicipality of Clarin, Bodol 2 warePage 5 of 83 Resolution FIO vs, Aumentado, etal ome: Y. MERELO EBOJO. Representative of Congressman Edgar M. Chatto, 1* District Province of Bohol ANTONIO INTE Representative of Congresswoman Kristine Alexie B. Tutor, 3 District Province of Bohol FULGENCIO J. UGAY Representative, Department of Agriculture Region 7, Banilad Mandaue City P/SSGT. CHARLES M. HINLAYAGAN Representative of Regional Director, Philippine National Police Region 7 Cebu City QUERINO C. APARICIO. Barangay Captain La Victoria, Carmen, Bohol CRISANTA O. ANOSA Barangay Captain, Calatrava, Carmen, Boho! ISABELO R. SUMALINOG Barangay Captain Alegria, Carmen, Bohol JOEL G. DAG-UM Barangay Captain Villaflor, Carmen, Bohol MARCOS A. CEPE Barangay Captain Buenavista, Carmen, Bohol CEFERINO C. TAJO Barangay Captain La Paz, Carmen, Bohol MANUEL L. VALENTOS arangay Captain ‘ambo-an, Carmen, Bohol 'UBEN M. ADLAON Barangay Captain lueva Vida Este, Carmen, BoholPage 6 of 83 Resolution F10 vs, Aumemado, tal OMB-CCMAY 24-0036 CECILIA G. TESIO Barangay Captain Nueva Vida Norte, Carmen, Bohol GREGORIO C. DIGAMON Barangay Captain ‘Nueva Vida Sur, Carmen, Bohol FELIX B. CLAVITE Barangay Captain Monte Sunting, Carmen, Bohol NELITO S. GALLOGO Barangay Captain Montevedio, Carmen, Bohol TERESITA Y. PAHAMUTANG Barangay Captain Libertad Sur, Sagbayan, Bohol JESSIE L. MEDINA Barangay Captain Ubojan, Sagbayan, Bohol REBECCA D. CASTRO Barangay Captain Sta, Catalina, Sagbayan, Bohol EULOGIO L. APARRI Barangay Captain, Canmaya Centro Sagbayan, Bohol GLEN SIDNEY C. SAMPUTON Berangay Captain Canmaya Diot, Sagbayen, Bohol ANNA VICTORIA I. REQUERME Barangay Captain San Agustin, Sagbayan, Bohol a BETSY E. JUMAMOY Barangay Captain 32 | soma Cruz. Sagbayan, Bohol ae ceNag Hi vay ovGiasive we KPage 7 of 83 Resolution FIO ws. Aumentado, et a OMB-C-C-MAY-24-9036 FERNANDO R. TOCMO Barangay Captain Calangahan, Sagbayan, Bohol ERLINDA A. NACUA Barangay Captain Katipunan, Sagbayan, Bohol BONIFACIO S. TORREFIEL Barangay Captain Libertad Norte, Sagbayan, Bohol RICARDO R. BASCO Barangay Captain San Antonio, Sagbayan, Bohol TERESITA N. CANETE Barangay Captain Dagnawan, Sagbayan, Bohol ASUNCION B. YBANEZ Barangay Captain Poblacion Sagbayan, Bohol PAULA L. CABARSE Barangay Captain Mantalongon, Sagbayan, Bohol FLORIANA J. DECIERDO Barangay Captain Sagbayan Sur, Sagdayan, Bohol LITO E. BONAJOS Barangay Captain ‘San Vicente Sur, Sagbayan, Bohol i 8 [eRWING. capa 39 [Barangay Captain ‘Kagawasan, Sagbayan, Bohol JRUFINO B. SARONG Barangay Captain Poblacion Sur, Batuan, BoholPage 8 of 83 Resolution ZACARIAS L. LIMPOT Barangay Captain Poblacion Vieja, Batuan, Bohol JAMES B. DIOLAN Barangay Captain Behind the Clouds, Batuan, Bohol EDGARDO L. OQUE, SR. Barangay Captain Cabacnitan, Batuan, Bohol SERGIO 0. MACABUDBUD Barangay Captain Cambacay, Bataan, Bohol ROMEL BOLIVAR Barangay Captain Garcia, Batuan, Bohol ROGACIANA D. CADUYAC Barangay Captain Quezon, Batuan, Bohol REYNALDO PALINGCOD Barangay Captain Quezon, Batuan, Bohol MARVIN P. PANCHO Barangay Captain Rosariohen, Batuan, Bohol JAN A. BERNADEZ, Barangay Ceptain Santa Cruz, Batuan, Bohol TITO 0. ANCOG Barangay Captain jugang Norte, Bilar, Bohol 2 |IMOTEO B. QUIMPAN ‘arangay Captain Pogang Sur, Bilar, Bobo!Page 9 of 83 Resolution FIO vs. Aumenado, et al OMB-C-C-MAY-24-0036 NILO O. AMBA Barangay Captain Cambigsi, Bilar, Bohol RANULFO Q. MALIGMAT Barangay Captain Cansumbol, Bilar, Bohol CORNELIO J. TAGAAN Barangay Captain San Isidro, Sagbayan, Bohol SERGIO BUDIONGAN, Barangay Captain Buenos Aires, Carmen, Bohol ELPIDIO 8. CAGADAS Barengay Captain Montehetmoso, Carmen, Bohol ROLANDO CORBETA Barangay Captain Kabasakan, Sagbayan, Bohol SERGIO C. POLINAR Barangay Captain Poblacion Norte, Batuan, Bohol FLORIANO B. PELAJE Barangay Captain Aloja, Batuan, Bohol PANCASIO A. HINGPIT Barangay Captain ——— Cantigdés, Batuan, Bohol CANDELARIO A. CINCO Barangay Captain Janlud, Batuan, Bohol SAMUEL H. DAMPOG Barangay Captain Quitino, Batuan, BoholPage 10 of 83 Resolucion FIO 8, Aumentado, e (OMB-C-C-MAY-24-0036 FRANCISCO A. LOY-A, JR. Barangay Captain, Cabecnitan, Batuan, Bohol DENNIS L. REMEDIO Berangay Captain, Campagao, Bilar, Bohol EULOGIO C. GALLER Barangay Captain Omjon, Valencia, Bohol PERFECTO M. BURO Barangay Captain Villaflor, Carmen, Bohol RUFINA G. CLAVITE Barangay Captain Monte Sunting, Carmen, Bohol JOSE DOUGLAS A. BERENQUEL Barangay Captain Buenos Aires, Carmen, Bohol NILFA D. PAMAT Barangay Captain Ubojan, Sagbayan, Bohol ENRICO S. CELADES Barangay Captain Canmaya Diot, Sagbayan, Bohol ROSITA L. CANONO Barangay Captain ————~ ; San Agustin, Sagbayan, Bohol ISABELO S. CANDOLE Barangay Captain Libertad Norte, Sagbayan, Bohol LORENA O. BILILA Barangay Captain San Antonio, Sagbayan, Bohol Fe basse ange evanPage 11 of 83 Resolution FIO vs, Aumentado, et at. OMB-C-C-MAY.24-0036 REY A. BOLO Barangay Captain Poblacion, Sagbayan, Bohol GEORGE G. BONAJOS Barangay Captain Canmano, Sagbayan, Bohol MARY JANE B. RETARDO Barangay Captain Sagbayan Sur, Sagbayan, Bohol LIZA B. TANUDRA Barangay Captain San Ramon, Sagbayan, Bohol Barangay Captain San Roque, Sagbayan, Bohol ARNEL D. POLINAR Barangay Captain San Vicente Norte, Sagbayan, Bohol VICTOR B. RAMOS Barangay Captain San Isidro, Sagbayan, Bohol JOSEPH P. LAURDEN Barangay Captain Poblacion Norte, Batuan, Bohol EMMANUEL L. JUMAWID Barangay Captain Poblacion Vieja, Batuan, Bohol GLORIA T. SAMBAYON arangay Capiain oja, Batuan, Bohol Aa ARIA FE F, JALA jarangay Captain anlud, Batuan, Bohol 3H $0 Ao 3m 2h Nene BL } [>Page 12 of 83 Resolution FIO vs Aumentado, e a OMB-C-C-MAY.24-0036 JOSE D. LLANO Barangay Captain Cambacay, Batuan, Bohol FLAVIANO C. PACATANG Barangay Captain Garcia, Batuan, Bohol MYRNA POLINAR Barangay Captai Rosariohan, Batuan, Bohol ZOSIMA SUMAGANG Barangay Captain Cabacnitan, Batuan, Bohol SERAPION ORGANIZA Barangay Captain Caibigsi, Bilar, Bohol ADELO MANGAYAAY Barangay Captain Zamora, Bilar, Bohol TERESITA C. BAYRON Barangay Captain Roxas, Bilar, Bohol ALBERTO M. SAYEN Barangay Captain Bonifacio, Bilar, Bohol PAULINO E. AMODIA Barangay Captain Bogtongbod, Clarin, Bohol _ ROSENDO P. QUION Barangay Captain jueva Fuerza, Carmen, Bohol LEJANDRO A. LOMOD arangay Captain {Villa Arcayo, Carmen, BoholPage 13 of 83 Resolution FIO vs. Aumentado, et a OMB-COMAY-2. SANTOS T. PLARAS, Barangay Captain Poblacion Sur, Carmen, Bohol CHRISTOPHER M. ANDALES Barangay Captain Kabasakan, Sagbayan, Bobol ROLANDO G. PATACA Barangay Captain Rizal, Batuan, Bohol GERARDO B. SALCES Barangay Captain Cantigdas, Batuan, Bohol MARTIN S. CINCO Barangay Captain Quirino, Batuan, Bohol CRISOLOGO BALAG Barangay Captain Cansumbol, Bilar, Bohol ROSENDO B. BANTUGAN, JR. Barangay Captain Dagohoy, Bilar, Bohol VIRGILIO R. LANOY Barangay Captain Maitum, Catigbian, Bohol ROSALINO S. POLINAR, JR. Barangay Captain Cabog, Clarin, Bohol |DANIEL T. POGOY Barangay Captain 2 [Calowasan, Clarin, Boho! Barangay Kagawad Cantnano, Sagbayan, BoholI ovditin mnn wis Ie Page 14 of 83 Resolution FIO ws. Aumentado, et a. (OMB-C-C-MAY-24-0036 LEONIDA S. ANCOG Barangay Kagawad Zamora, Bilar, Bohol RUBEN D. MILAGROSA Barangay Councilor Alegtia, Carmen, Bohol REWEL JUMAWID Barangay Councilor Cabacnitan, Batuan, Bohol PERFECTO BAMBE Tourism Officer Municipality of Bilar, Bohol ENGR. JOEVIL G. BUSLON Municipal Planning and Development Coordinator Municipality of Valencia, Bohol RENE L. RELAMPAGOS Former Congressman (2010-2019), I District Province of Bohol ARTHUR C. YAP Former Congressman (2010-2019) & Former Governor (2019-2022) 3" District, Province of Boho! ARIEL N. RICA Provincial Environment and Natural Resources Officer Bohol, DENR-CENRO, Tagbilaran City ALAN R. DINOY Municipal Building Official Sagbayan, Bohol o i Public Respondents. Fe | 58 FDGAR BUTON 9 Dwner, Captain's Peak Resort $5 Bohol, Tagbiliran City 98 L Private Respondent. 3 2Page 15 of 83 Resolution FIQ vs. Aumentado, etal OMB-C-C-MAY-24-0036 RESOLUTION This resolves the Criminal Complaint filed on 17 May 2024 by the Field Investigation Office (F10/Complainan:)' against the abovementioned Provincial and local govemment officials of Sagbayan, Bohol, 2018-2022 Executive Committee (Execom) and members of the Chocolate Hills Natural Monument. Protected Areas Management Bureau (CHNM-PAMB), and officials ofthe Regional Office ofthe Department of Environment and Natural Resources (ENR: Region 7), for violation of Section 3(c) and (j) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act relative to the irregularities in the construction, operation, and expansion of Captain's Peak Resort (Captain's Peak/Resort) in Canmano, Sagbayan, Bohol -a recreational facility nestled in the middle of the iconic Chocolate Hills National Monument (CHNM) which is a declared protected area in Bohol ANTECEDENT FACTS Culled from the records are the following: Chocolate Hills is a UNESCO World Heritage site and declared as the country’s 3rd National Geological Monument on June 18, 1988, in recognition of its scientific value and geomorphic uniqueness. By virtue of RA No. 7586? or the National Integrated Protected Areas System Act of 1992 [[NIPAS Act] and RA No. 11038 or the Expanded National Integrated Protected Areas System Act pf 2018 (E-NIPAS Act), CHNM with a land area of 13,994.95 hectares was also g Pstablished as one of the protected areas within the classification of national park. 7 2 Pursuant to these laws, the DENR as the lead implementing agency issued [Department Administrative Order (DAO) No. 2009-09 or the Standard Design Records, Folder I, pp. 1-36. * National Integratec Protected Areas System Act of 1992POM WEG oy Page 16 of 83 Resolution FIO vs. Aumeniado, etal OMB-C-C-MAY.24.0036 and Specification of Signs, Buildings, Facilities and Other Infrastructure That May be Installed and/or Constructed Within Protected Areas On March 06, 2024, a video of Captain’s Peak Resort, built in the middie of the iconic Chocolate Hills in Sagbayan, Bohol* went viral and sparked online ‘uproar that prompted the conduct of multi-agency investigations Based on the documents gathered by the Complainanv/FIO, Edgar Buton, the owner of Captain's Peak Resort, obtained a favorable resolution? from the Protected Area Management Board (PAMB) during the CHNM PAMB meeting on 15 February 2018, for a proposed resort project in Canmano, Sagbayan, Bohol, which includes the establishment of function hall, Captain’s Peak ship landmark, photo booth, swimming pool, pool cottage for rent, zip line, shower and. dressing room, slide, existing cottages, existing tree houses with hanging bridge, rentable cabins with jacuzzi, parking area, coconut garden, flower garden and water fountain. In said meeting, Perfecto Bambe (Bambe), Chairman of the Tourism Committee, reported that Captain’s Peak had already started its development in the applied area consisting of two (2) tree houses, gardens, and coconut plantation on the lower portion of the hill. On 14 July 2022, in another CHNM PAMB meeting, Barangay Captain Maria Fe Jala (Jala) moved for the approval of Captain’s Peak Resort’s application for CHNM PAMB clearance for the transfer of the location of its ~ swimming pools, cottages, function hall and rooms. The motion was carried and HNM PAMB Committee Resolution No. 21, Series of 2022 was issued wvorably to Captain’s Peak Resort? DENR DAO No, 2009-09, {ww tenpler.com/nation/visayastimeline-controversy-chocolate-hille-resor |CHNM PAMB issued Resolution No. 01, Series of 2018, Records, Folder I, pp. 58-60, Records, Ibid, pp. 79-81Page 17 of 83 Resolution FIO vs, Aumentado, tal Records also showed that Captain's Peak Resort was issued with mayor's Permits/business permits, building permits and locational clearances from 2020- 2023 by Restituto Q. Suarez. III (Suarez III), Maximo G. Lomosbog and Allan R. Dinoy, the Mayor, Zoning Administrator and Building Official, respectively, of Sagbayan, Bohol as follows: Glearance/Permit | Date tsued ‘Signatory Particulars | Construcion of commercial Locational clearance | 19 Feb. 2020 | Lomosbog | buitcing in fot covered by TCT No. 37139 | Building Perm? 19 Feb. 2020 _| Binoy ‘New Construction 2020 | Fite and Satety 19 Fe 2020 | Recommending "The clearance is being issued for Evaluation Clearance® epproval: Fire Offcer3 | Building Permit (Proposed (FO3) Franklin Ralph | Commercial Building) only P. Remedio (Remedio) ‘Approved by SFO | Noel C. Requina | (Requina) | Elestrical Permit” 19 Feb. 2020 | Dino, New insalation Locational clearance” | 12 Sept. 2022 | Lomosbog Improvement (garden resort) oF the 300 59. m. out of the 10,058 4m. Tot covered by TCT No | 37138 Tocational clearance!” [12 Sept 2022 | Lomosbog Improvement of 2135 sqm. Gut | of the 10,068 sq, m. land ares of 202 Captzin’s Peak ina lot covered by TCT No. 37138 for. the _ construction buildings 1t0 3. Fire and Safety | 19 Sept. 2002 | ureadabie Clearance for the proposed Evaluation Clesrance™ _ Captain's Peak Garden Resort | Building Pennit® 21 Sept. 2022 | Dinoy Construction ofa building with a {otal flor area of 300 sqm, Eleztial Permit 2) Sept, 2022 _| Dinoy T Fire and Safety | 2Oct.2023 | unreadable Clearance far the proposed Evaluation Clearance!” Captain's Peak Garden Resor _ Builéings 1.2.63) 2023 | Building Pemnit™ Oct 2023 Binoy Construction ofa buildings 1,2 3 ——. Electrical Permit 90a 2023 | Dinoy New installation under Application No.23-10.0123 | Records, Id. 73 Records, 1d, p. 68 Records, Id. p. 74 * Records, Ip 70, j? Records, i, p88 ® Records, Id. p. 101 M Records, 1d. 90, Ys Records, Ip. 82. + Records, Ie, p. 188, Records, i, p. 103, * Records, Id. p. 100, * Records, 18, p. 105Page 18 of 83 Resolulon FIO vs. Aumeniado, et al OMB-C-C-MAY-24.0036 ‘SanitaryPlaning | 90% 7825] Binoy New ——sonseucion ander Permit i | Application No, 23-10-0038 The mayor’s business permit of Captain’s Peak Resort was again renewed on 9 January 2024, by Mayor Suarez III" Prior to this however, or on 6 September 2023, PENRO Ariel N. Rica (Rica) issued a Notice of Violation to Captain’s Peak Resort due to its failure to secure an Environment Compliance Certificate (ECC) as required under CHNM PAMB Resolution No. 21, Series of 2022. The Resort was also advised to voluntarily undergo a temporary closure2 On 17 November 2023, Julieta Sablas (Sablas), Captain’s Peak Resort representative, informed Rica that the Resort was temporarily closed and filed its ECC application upon receipt of the notice of violation. She also requested that the Resort be allowed to resume operations? Captain’s Peak Resort then submitted an ECC application through the ECC online system. However, the application was retumed on 30 November 2023 to comply with some necessary requirements. Recently, on 20 March 2024, Dinoy issued a Notice of Illegal Construction of Building (Construction of Function Hall) against Buton.28 To date, Captain’s Peak remains temporarily closed. Complainant's investigation uncovered the following alleged ———-.imegularities: 1. Captain’s Peak Resort was constructed, operated, and further developed without the required Environmental Impact Assessment (BIA), PP. 165-166. p75.Page 19 of 83 Resolution FIO vs. Aumentado, et al OMB-C-C-MAY-24-0036 Environmental Compliance Certificate (ECC) and Special Use Agreement in Protected Areas (SAPA) from the Environmental ‘Management Bureau (EMB) of the DENR. The Resort was also issued with mayor's/business permits, building and locational clearances for the years 2020-2024 despite its repeated failure to secure the aforecited permits and clearances from the DENR. 2. Unrestricted developments and constructions introduced in the resort carved out major portions of the hills that resulted to defacement and mutilation of the CHNM in Sagbayan, Bohol. Complainant, thus, avers that public respondents’ adamant (lethargic) stance and continuous tolerance of Captain’s Peak Resort’s violation of the NIPAS and E-NIPAS Acts, display a palpable breach of their sworn duties which are characteristic of Grave Misconduct,?° Conduct Prejudicial to the Best Interest of the Service®” and Gross Neglect of Duty. Henceforth, they should face administrative sanctions accordingly. RESPONDENT’S DEFENSES (COUNTER-AFFIDAVITS) Misconduct isa transgression of some established and definite ule of action, more particulaly,unawfi behavior or gress negligence by a public officer, As distinguished from Simple Misconduct, the elements of ~~ orruption leer intent to violate the law ar flagrant Sisregard of established rae, must be manifest and caustisnce hy substantial evidence. (Domingo CSC, a al; GR. No, 236080, 17 lune 2000) In sodten oe ee lon be deere a “misconduct i mst have a det ration o and be comected wih te verona § fra cutis amounting cierto malacminitaton or wilful interion negiec state Sea ies ofthe office, (Govenment Seviee inurance Siem v. Mayordome G68 Pa Tas eae hing Manuel», Catina, 367 Pol 18, 166 (199, Conduct Prejudicial tote Bes otere ofthe Service deals wih a demeanor ofa public officer which arnshed he mage aud igri of hisher public affce Ma Luisa R Loreto: Office et the Grisedere cae 142901, September 14, 2020). es }227440, December 02, 2020).Page 20 of 83 Resolution F10 vs. Aumentado, etal John Titus J. Vistal (Vistal}” clarifies that his possible liability is anchored only on the passage of Resolution No. 1, Series of 2018 by the CHNM- PAMB of which he had no actual participation because he attended the State of the Province Address of then Governor Chatto, which was also scheduled on the same date as the PAMB mecting.?° While the said 2018 PAMB resolution was favorable to Captain’s Peak Resort, the same was granted subject to certain conditions, which he submits, must be monitored by the PAMO headed by a PASU. He was not however, aware of any report submitted by the PAMO and /or PASU that Captain's Peak Resort had violated any of the imposed conditions. As to the passage of Resolution No. 21, Series of 2022, he asserts too, that he was not be privy thereto since his ex-officio membership with CHNM-PAMB ceased with the passage of the E-NIPAS Act on June 22, 2018, removing the office of the PPDO in the membership composition of PAMB. With all these, Titus claims that there is no evidence to support the criminal charges or allegation of conspiracy between him and his co-respondents. He has not transgressed any established rule of law; and the adoption of the 2018 PAMB resolution was not an unwarranted act that would result to undue prejudice to the service. i Erico Aristotle C. Aumentado (Aumentado)" categorically denies any linvolvement in the construction, operation, or expansion of Captain’s Peak. The = |resort began operations before he assumed office as Governor on June 30, 2022, = {following a successful gubematorial campaign. The permits and clearances | Recon Fler top 3195597 (Rss jew RPage 21 of 83, Resolution FIO vs. Aumentado, eta OMB-C-CMAY-24-0036 related to Captain’s Peak Resort were issued prior to his assumption of office, as evidenced by official documents. His ex-officio membership in the PAMB is not a sufficient basis for the accusations, as he had no approving or issuing authority over the permits in question. Furthermore, there is no evidence of his attendance at the PAMB meeting where Resolution No. 21, series of 2022, was approved, nor did his office receive an invitation to the meeting. More importantly, he was not provided by the PAMB secretariat with a copy of the said Resolution, thus, he had no opportunity to be apprised of and/or comment on the PAMB resolution endorsing the development of Captain’s Peak Resort, He also denies tolerating the violations committed by Captain’s Peak Resort inasmuch as months before the Resort's controversy erupted, he wrote to Mr. Ariel N. Rica a letter dated 08 August 2023 requesting for the conduct of an investigation on Captain’s Peak Resort and required submission of documents showing the latter's compliance with the necessary clearances or permits. Moreover, he points out that his Office has no mandate to issue pennits, clearances, or concessions relating to the construction, operation, and expansion of Captain's Peak Resort. Neither does he have supervisory powers over the PAMO, PASU or PENRO. The law is clear that the CHNM shall be under the administrative jurisdiction, supervision, and control of the DENR and not PAMB. | He refutes allegations of conspiracy with other public officials, explaining phe the complainant failed to present any evidence of a coordinated effort 10 Bpprove the resort’s operations unlawfully. He contends that the resolutions assed by the PAMB were based on the recommendations of its committee and ecretariat, not on any actions attributable to him. Moreover, he insists there isPage 22 of 83 Resolution FIO vs. Aumentado, etal Under applicable law and jurisprudence, he submits that the actions he has taken do not constitute gross neglect or misconduct in office. Likewise, he did not perform any behavior that would tarnish the image of his office. He maintains that he did not act with corruption, clear intent to violate the law, or flagrant disregard for established rules. Instead, he consistently sought to ensure compliance with environmental laws and regulations through appropriate channels. Finally, he pleads for the dismissal of the complaint, asserting that the evidence fails to meet the required standard of substantial proof. In their Separate Counter-Affidavits, Felix Beniga Clavite (Clavite),? Gregorio Caesas Digamon (Digamon),” Cecilia Galo Tesio (Tesio),:* Nelito Salabsab Gallogo (Gallogo),* Isabelo Razon Sumalinog (Sumelinog),* Ceferino Cebuco Tajo (Tajo),7 Quirino Cepada Aparicio (Aparicio),** Perfecto Miano Buro (Buro),° Alejandro Ajoc Lomod (Lomod),*? Elpidio Saga Cagadas (Cagadas),) Marcos Atup Cepe (Cepe),? and Eulogio C. Galler (Galler),* unanimously interpose the following defenses and arguments: 1. Clavite, Digamon, Cagadas, Cepe and Galler submit that they are being charged in their previous capacity as members of the CHNM-PAMB Guring the period of their incumbency as barangay captains in 2018, while Tesio, Gallogo, Sumalinog, Tajo Aparicio, Buro and Lomod are pp 481-485. pp. 468 p. 460-465. pp. 53 pp. 525-530. pp. 531-536, pp. 680-684 pp. 725-730, Id, pp. 695-700, cecors, Id, pp. 709-714, © Records, Folder Hil, pp. 1145-1153,Page 23 of 83 Resolu FiO ws. Aumentado, et al OMB-C-CMAY-24-0036 being charged by virtue of their CHNM-PAMB membership as barangay captains from 2018-2022 2. When they acceded to the PAMB resolution endorsing Captain's Peak Resort, they relied on the report and recommendation of the technical committee who inspected the proposed project. 3. “No construction within 20 meters from the base of the hill and compliance with the required ECC,” were among the conditions imposed for the said project as categorically stated in the PAMB resolutions. These are proof that they did not act with partiality, bad faith or gross inexcusable negligence in issuing said resolutions 4. The duty of peripheral protection over the CHNM must be exercised by the barangay captain of Canmano and the Mayor of Sagbayan. In the absence of report coming from the Punong Barangay and Mayor of Sagbayan, it cannot be assumed that the CHNM-PAMB had knowledge Of the illegal operation and continuous violations committed by Captain’s Peak Resort. 5. PAMB is entitled to presumption of regularity. 6. There is no evidence to support the allegations of grave misconduct much less the allegations of conspiracy. In their separate counter-affidavits, Ricardo Francisco A. Toribio (Toribio) and Rosendo Quion (Quion)" both state that they were incumbent mayor and punong barangay respectively from 2018-2022, which coincides with their. g us Bg Ee 139 2 Wewo mts ascd membership with the CHNM-PAMB. They also claim that they were absent during the deliberation of the 2018 CHMN-PAMB resolution endorsing Captain's Peak, thus they could not be made liable for their non-participation in discussion and passage of the same. They also point out that that the 2018 HNM-PAMB resolution did not allow the operation of Captain’s Peak Resort, Records, Folder I. pp. 687-692. Records, 1d, pp. 717-722.Page 24 of 83, Resolution FIO vs, Aumentado, et al, OMBAC-C-MAY-24-0036 rather, it was the acts of the local government officials of Sagbayan who issued the clearances and permits for Captain’s Peak development and operation. Edgar A. Buton (Buton)"* submitted his Counter-A ffidavit/Answer through an Entry of Appearance with Submission of Witness Affidavit filed on 29 July 2024. In the attached Affidavit of Julieta B. Sables,” sister and authorized representative of Buton, she refutes the charges against his brother and avers the following: 1. No evidence exists showing deliberate intent on the part of any respondent, considering that the agencies involved in the case are so varied in both their respective functions and geographical coverage, thus, discounting the possibility of cooperation and malicious intent to commit the offenses charged. The fact that notice of violations was sent to Captain’s Peak Resort before the controversy erupted also negates conspiracy of his brother with the concemed agencies. 2. There is no allegation on the part of Buton of giving any form of inducement, payment, or benefit to his co-respondents. Neither had it been alleged that the purported rights end benefits accorded to Buton, was granted to him only to the detriment of another individual, thus, discounting the allegation of menifest partiality of co-respondents in his favor. 3. The parcels of land over which the subject resort was developed is covered ene by certificates of title issued in Buton’s name, as such there is no question | that said properties were certified to be alienable and disposable by the state even before the issuance of the proclamation creating the CHNM Records, Folder IV, pp. 1547-1548, Records, 1d., pp, 1549-1556,Page 25 of 83 Resolution FIO vs. Aumentado, etal OMB-C-C-MAY.24.0036 4. The complaint is remiss in discussing whether the standards laid down in the applicable laws, particularly Proclamation No. 333 as it mentioned insofar as it exempted certain properties, were met 5. Mere assumption that a violation of the E-NIPAS and other concurrent Jaws and issuances, the bedrock of the argument of the Complainant, should not suffice to indict respondents. The complaint failed to establish the primary alleged legal violations Manuel Luzano Valentos (Valentos),“* Crisanta Ortizano Ajosa (Afiosa), Rufina Guimao Clavite (Clavite)” Jose Douglas Arnando Berenguel (Berenguel),*’ Ruben Mangmang Adlaon (Adlaon)‘ and Joel Rabina Dag-um (Dag-um),° in their counter-affidavits, contend that when the request for CHNM PAMB’s endorsement was filed, an inspection committee (which has for its member a DENR representative) inspected Captain’s Peak Resort’s project location and scrutinized the proposed infrastructure to be constructed. When the committee submitted its report favorably endorsing the resort, said respondents joined in the passage of Resolution No. 1, Series of 2018 and Resolution No. 21, Series of 2022. As additional proof that they were not remiss in their duty, the resolutions have set conditions before the resort may operate. Respondents also deny knowledge of the resort’s operation, there being no report coming from the concerned Punong Barangay and Municipal Mayor of Sagbayan, Bohol — the officials responsible for the peripheral protection over the kresort’s construction activities. Manuel Ganas Jayectin (Jayectin),>* in his Counter-A ffidavit dated June 22, 2024, claims that he is not among the officials responsible in the approval of * Records, Folder Il, pp. 492-497. Records, Id, pp. 06-511 # Records, 1d, pp. 476-480, pp. 498-503, pp. 514-519, pp. 733-737,Page 26 of 83 Resolution FIO vs. Aumentado, eta OMB-C-C-MAY-24-0036 Resolution No. 1, Series of 2018 and Resolution No. 21, Series of 2022, as he was not a seating mayor when they were approved, he having served only on June 30, 2019 to June 30, 2022 Maria Latrina L. Lim (Lim)*, in her Omnibus Counter-Affidavit July 1, 2024, declares that as Mayor of Valencia, Bohol, she had no participation in the passage of Resolution No. 1, Series of 2018 and Resolution No. 21, Series of 2022. Considering that the subject resort is not within the territorial jurisdiction of the municipality, she was not made a member of CHNM PAMB when the former resolution was approved. And when the latter resolution was passed, her term has already ended on June 30, 2022. Respondent Calixto Garsuta Garcia (Garcia)°* mentions that he is not currently occupying any public office or government position. He asserts primarily that there are no legal and factual bases for the charges against him considering that he only served as Mayor of the Municipality of Valencia for four months from March 19, 2004 to June 30, 2004, thus, not included in the 2018- 2024 liable provincial and local officials of Bohol. While he served as Vice Mayor of Valencia for the years 2016-2022, still he could not be considered liable in his official capacity, for only the Mayors are included as members of the CHNMN PAMB. Finally, he cites that he had neither participation in the approval of the CHINM PAMB Resolutions authorizing the construction and operation of __ the Captain's Peak Resort, nor listed as present or absent member of the Board | Epitacio Mediano Canino Jr. (Canino Jr.}*” bewails his inclusion in these ses elaborating that he is being gravely charged for attending a PAMB meeting fe representative of Mayor Suarez IIL, barely two weeks after his appointment [as municipal administrator on July 13, 2022. Citing the Local Government Code, { Records, Id, pp. 641-654, % Records, Id, pp. 668-677 * Records, Folder 1, pp. 981-988,Page 27 of 83 Resolution FIO xs. Aumentado, etal, he professes that he was not properly designated to perform the duties appurtenant Mayor Suarez III as then PAMB member, thus, he cannot be held guilty of demonstrating neglect, failure, or lack of oversight in the enforcement of the NIPAS Act and other laws for that matter. Former Mayor Ricardo L. Suarez‘ dismisses both criminal and administrative charges against him as his only plausible participation in the instant cases is the issuance of Mayor’s/Business Permit to Captain's Peak during his ineumbency in 2019, which under the then existing Municipal Ordinance No. 2009-01, did not require a prior requirement of an ECC from the permite. He likewise asserts that itis the PAMO, thru the PASU which has the responsibility to oversee if the conditions imposed upon the permitee are met. Considering too, that there was no instance where he was privy in preparing, approving or issuing the 2018 CHNM PAMB Resolution, he should be dropped as respondent in these cases. Maximo Gudelosao Lomosbog (Lomosbog)* explains that the basis for his issuance of locational clearances in favor of Captain’s Peak despite the absence of an ECC, was the letter of commitment and undertaking submitted by Buton and a PAMB Board Resolution No 21, Series of 2022. He issued the locational clearances in good faith as the proponent had complied with the basic requirements. Whether or not there is locational clearance, he claims that the issuance of business permit/permit to operate to Captain’s Peak is within the discretion of the competent issuing authority. Thus he, denies acting with Prnite partiality or negligence in discharging his official functions, nor his actions gave unwarranted benefits to Buton. Records, Folder X, pp 4411-4421. (See Admin Folder for Reference) }» Records Id, pp. 899-906,Page 28 of $3 Resolution FIQ.vs. Aumentado, e a. 136 OMB-C-C-MAY. Restituto Quiao Suarez III (Suarez 111)” primarily invokes the Arias doctrine stating at the outset, that, when he signed the renewal business permits of Captain’s Peak on January 7, 2020, January 2021, January 13, 2022, January 18, 2023 and January 09, 2024, there was no reported violation that reached his office, and he only did so, after Captain's Peak application was reviewed by his Office and several subordinate offices. It was only on March 13, 2024,* that he was notified of Captain’s Peak’s violations when his office received a letter from the PENRO and PASu advising the resort to undergo a temporary closure. He also adduced other documentary evidence showing that he had no prior knowledge and/or notice of the resort’s alleged violations, Suarez argues that the criminal and administrative charges against him lack merit in view of the following circumstances: 1, He had no participation in the approval of CHNM PAMB Resolution No. 01 Series of 2018 on February 15, 2018, which required proponent with an ECC, and he had no participation in the first issuance of Mayor’s/Business Permit to Captain’s Peak on January 10, 2019 as he was not the sitting Mayor then; v In the CHNM PAMB Resolution No. 21 Series of 2022 on July 14, 2022, as prepared reviewed and concurred by the officials of the DENR, there was no mention of further requirement of an ECC from the resort, leaving respondent to reasonably assume that the ECC was no longer required or that the ECC was already complied with; 3. An ECC or clearance is not among the requirements in the renewal of Mayor’ s/Business permit; Records, 14, pp. 801-833, © Records, Id, p. 878 ® Records, Id, pp. 879-887. Records, Ie, pp. 835-836,Page 29 of 83 Resolution FIO vs, Aumentede, etal 4. When an application for renewal of Mayor’s/Business permit has been found compliant, it now becomes respondent's ministerial duty as the final approving authority to cause the approval of the same; 5. His approval for the renewal of Mayor’s/Business permit had the prerequisite approval and/or endorsement of several subordinate offices such as the Building Official/Municipal Engineer, Barangay, Municipal health office, MENRO, Municipal Treasurer, Municipal Assessor, Bureau of Fire Protection, Philippine National Police, Waterworks Supervisor, Bureau of internal revenue and DTI; 6. Prior to March 13, 2024, he was not informed of any violation in relation to Captain's Peak Resort’s non-compliance with the ECC requirement, which would have cautioned him to inguire further on the resort’s operation and which would have prevented him from approving the renewal of its permit. He likewise points out that the issuance of Building Permit and Locational Clearance are within the technical competence and authority of the Building Official and the Planning and Development Coordinator. Therefore, it could not be readily concluded that in affixing his signature as final approving authority in the permits, he acted negligently or dishonestly. Finally, he submits any member of the CHNM PAMB had all the reason to rely in good faith on the technical competence and primary authority of the :DENR over NIPAS and ECC compliance. | | Alan Requierme Dinoy (Dinoy)* explains that an ECC is not among the i requirements in the issuance of a bui hp. ding permit per Section 302 of the National 3 Building Code. However, for applications reaching the local government unit, 2 7 . “4 an ECC is a requirement in the issuance ofa Locational Clearance, which is under Records, Folder 1M, pp, 767-782.Page 30 of 83 Resolution lO vs. Aumentado, et al OMB-C-C-MAY 24-0036 the primary authority of the Planning and Development Coordinator (PDC) ‘Thus, anent his duty to issue a Building Permit, he had to rely on PDC which has the primary authority to issue 2 locational clearance as mandated by law. PDC too, had to rely in good faith on the silence or inaction of the DENR which has the primary authority to issue an ECC. He cites the following circumstances: 1. In its Inspection report dated July 13, 2022, the CHNM PAMB Committee on Biodiversity Conservation and Monitoring recommended the Resort for “endorsement/approval for PAMB clearance.” This report was signed by the PENRO and PASU, whose office would have required the ECC. - In the CHNM PAMB Resolution No. 21 Series of 2025, there was no v further mention of requiring the proponent an ECC 3. The Captain Peak Resort’s Manager Sablas, in her affidavit,” stated that “even for the period up to March 2024, the DENR through its field personnel has been collecting entrance/environmental fee for tourists Visiting Captain’s peak resort as shown in the official receipts. Given the foregoing, Dinoy avers that there is no iota of evidence to establish the elements of the criminal and administrative offenses charged against him. Paulino Estrella Amodia (Almodia)® enunciates that he only became a ——-—— member of the CHNM PAMB in 2022 when the hills within his barangay in Honstongbod, Clarin had been declared to be part of CHNM. Quoting Section 11 GPR. 11038, he argues that he is only an ex-officio member with respect to the barangay where the protected area is located. Thus, he should only be held pp. 783-785. BP. 786-790. 2p. 791 1 pp. 792-793, 1 pp. L15=1123.Page 31 of 83 Resolution FIO ws. Aumentado, etal 0036 accountable for actions within his barangay. In this case, Captain’s Peak is not Within his respective barangay. Neither was his name listed either as present or absent in the Attendance Sheet of the CHNM-PAMB meetings. He also posits that the subject PAMB resolutions do not constitute blanket endorsement or grant of permission for the development of the resort. The fact ‘hat it was contingent upon several conditions demonstrates that the passage of the assailed resolutions was not attended with manifest partiality or evident bad faith. The resolutions passed by the PAMB were only intended to provide guidance for the management of the protected area. Hence, they cannot be equated as granting privileges or benefit that would subject the PAMB members to a violation of RA 3019. For the same reasons, Almodia argues that the administrative charges have no bases. Kristine Alexie Besas Tutor (Tutor) states that she assumed office as Congresswoman of the Third District of Bohol on June 30, 2019 and prior to that she was a member of the Sangguniang Panlalawigan, She strongly denies any criminal and administrative liability in view of the following reasons: |. Her inclusion as respondent solely on the ground of PAMB membership is misplaced considering that PAMB did not grant clearance, permit, or license to Captain’s Peak. 2. PAMB Resolution 2018 was issued subject to certain conditions while PAMB 2022 Resolution was issued based on a prior verification of the Inspection Committee. 3. There was no incident report prepared by the PAMO and fumished to the PAMB members that would have called the latter's attention/action. 4. Asa legislator, she could not be reasonably expected 10 monitor regularly the resort's activities as this is an executive function. ” Records, I, pp. 1028-1037.Page 32 of 83 Resolution FIO vs. Aumentado, etal 5. It is erroneous to assume that her absence during the 2022 PAMB meeting and approval of the Resolution was an effective acquiescence since the subject resolutions were not provided to her. If ever the Minutes showed that she had a representative, she qualifies that she did not give the latter express authority to vote on her behalf. 6. The elements of grave misconduct, gross neglect of duty and conduct prejudicial to the best interest of the service are lacking and not adequately specified in the allegations of the complaint. For her part, Vanessa Cadorna Aumentado (V. Aumentado)’! clarifies that she only assumed office as Congresswoman on June 30, 2022 and prior to that she did not hold any government position. She denies privity to the passage of the 2018 PAMB Resolution as she was a private citizen back then. Neither was she present when the 2022 PAMB resolution was passed in July 2022 She also reiterates the same arguments posed by co-respondent Tutor Particularly on the ground that the PAMB did not issue any license or permit to Captains Peak, PAMO did not issue any incident report about Captain’s Peak, and that the assailed resolutions were issued subject to certain conditions and upon prior recommendation of the Inspection Committee In addition, she invokes presumption of regularity in the performance of duties of the PAMB secretariat. The PAMB member placed heavy reliance in jgood faith on the resolutions prepared by the PAMB Secretariat regarding the [eligibitity of Capnui's Peak Resort Ma. Victoria Abrera (Abrera) ” posits that there are no factual and legal | bases to hold her liable for the offenses charged. She avers that when Captain’s 2 Records, Id, pp. 1007-1015. ” Records, Folder V, po. 2120-2131Page 33 of $3 Resobution FIQ.s, Awmentado, et at (OMB-C-C-MAY.24-0036 Peak Resort was constructed in 2020 until its initial operation in 2022, she was not yet assigned to the DENR- EMB Region VII. In fact, upon her assumption to Office as Regional Director-EMB VII on June 16, 2023,” she investigated Captain’s Peak Resort even before it went viral, subsequently denied its application for ECC” and issued a Cease-and-Desist Order against it. These actions were based on findings from a comprehensive investigation and a joint site inspection, which revealed Captain's Peak’s failure to secure the required environmental permits. Her actions demonstrate her commitment to enforcing the law rather than granting unwarranted benefits to Captains Peak. Her proactive measures against Captains Peak— including issuing 2 Cease and Desist Order and rejecting its ECC application—contradict any suggestion of favoritism or negligence. The essential elements constituting violation of Section 3(e) of RA 3019 are likewise absent as she was not privy to the approval process for the construction and operation of Captain's Peak. Considering that she denied Capiain’s Peak's application for ECC, Abrera avers that she could not have possibly violated section (j) of RA 3019 which penalizes the granting of permit/license to unqualified entities. There is likewise no basis for the charge of conspiracy as she did not perform any act in furtherance of a common criminal design. ; Onthe administrative charges she argues that her actions, which included vestigating Captain’s Peak and taking corrective measures, cannot be construed ‘as misconduct or negligence. She highlights her decorated career spanning 40 [vears, with an untamished record of public service, including multiple awards for exemplary performance. She prays for the dismissal of both the criminal and > Records, Id, p. 2133 Records, Id, pp. 2134-2155.Page 34 of 83, Resolution FIO ws. Aumentado, er a (OMB-C-C.MAY-24-0036 administrative complaints, as well as the restoration of her salaries and benefits for the period of her preventive suspension. Paquito D. Melicor, Jr. (Melicor), > in his Counter-Affidavit dated October 4, 2024, claims that he was designated as Officer-in-Charge, Regional Executive Director (RED) of DENR Region VII on June 27, 2019. Thus, he had no prior personal knowledge of the passage on February 14, 2018 of Resolution No. 01, Series of 2018. Even after he assumed as RED on July 3, 2019, he was not still aware of said resolution because he had barely enough time to be acquainted with all the projects in the region being composed of four island provinces with 24 PAMBs. He only knew of Captain’s Peak project when Resolution No. 21, Series 02022 dated July 14, 2022 was endorsed to his office for signature. The minutes of meeting (which he received two weeks later) showed nothing objectionable, and on the contrary, it showed that the Captain’s Peak project was within the multiple use zone, alienable/disposable, and titled property. Also, the Committee on Biodiversity Conservation and Monitoring did not mention any violations committed or that the said project was already fully operational on June 10. 2022. Melicor only leamed of the violations introduced by Captain's Peak from @ news article on September 21, 2023. On the same day, he issued a memorandum addressed to PENRO Bohol to coordinate closely with the ,Provincial government regarding the illegal structures and submit |reportshipdates. After being informed that Captain's Peak had no ECC yet, he, together with EMB, issued a Cease and Desist Order on March 14, 2024, He avers that the PAMB had already approved Resolution No. 21, Series of 2022 by majority vote before it was endorsed to him for signature, and thus, Records, Folder 1V, pp.1222-1231,Page 35 of 83, Resolution FlO ws. dumentad, et a OMB-C-C-MAY-24-0036 he affixed his signature thereon only to attest or certify the veracity of the said proceeding, not for its approval, in keeping with his official functions as PAMB Chairman. This is in accordance with Rule 12.1 and 12.2 of DAO 2019-05 which provides that the PAMB is a collegial body which approves and issues clearances by a majority vote, Hence, even assuming that Captain’s Peak was disqualified, he could not be held liable for it was the PAMB as a collegial body that voted for its approval While he affixed his signature on Resolution No. 21, Series of 2022, he relied on the correctness of the Minutes of Meeting dated July 14, 2022. The Arias Doctrine is applicable in his case because he sits as Chairman of 24 PAMBs in the region. Melicor further points out that he was not present during the July 14, 2022 meeting as he was attending another official meeting, and nothing in the minutes Prompted him to lodge an objection. Hence, he argues that it is incorrect to say that his absence during the PAMB meeting coupled with his lack of objection will mean that he acquiesced to the issuance of the resolution and tolerated the violations committed by Captain’s Peak. Lastly, even if he wanted to object, he could not have done so since the Mayor's Permit, Building Permit and Locational Clearance were all issued prior to his receipt of the PAMB Minutes of Meeting dated July 14, 2022 With all this, he submits that there is nothing in the records that would © show malice in his actions, much less neglect, let alone grave misconduct, He satted on the matter promptly and appropriately, within the scope of his authority (Sepa functions as RED and PAMB Chairman and thud, could not be held liable Say fpr any administrative infraction.Page 36 of 83 Resolution FO vs. Aumeniado, et a OMB-C-C-MAY.24-0036 Edgardo Migrino Chatto (Chatto)’* refutes these allegations as unfounded and unsupported by evidence. He explains that he was not a member of the CHNM PAMB during the passage of Resolution No. 01, Series of 2018, The NIPAS Act of 1992, which govemed the PAMB's membership at the time, did not include governors as members. Thus, he had no involvement in the deliberations, preparation, or approval of the resolution, nor wes he a signatory. Regarding Resolution No. 21, Series of 2022, Chatto clarifies that under the Expanded NIPAS Act of 2018, his membership in the CHNM PAMB as a Congressional Representative is ex officio and optional. Citing the doctrine of separation of powers, Chatto emphasizes that his legislative responsibilities are distinct from his executive functions of enforcing laws. He further explains that his participation in PAMB meetings was not mandatory. He underscores that he neither prepared, approved, nor signed the resolution. Moreover, Sagbayan, Bohol, where the Captain’s Peak Resort is located, falls within the Second Congressional District, which he does not represent, The DENR through the Biodiversity Management Bureau (BMB) has jurisdiction over the administration and enforcement of environmental laws concerning protected areas. The DENR officials responsible for preparing and Presenting the resolutions failed to inform any non-compliance with legal prerequisites, such as the ECC, leading PAMB members to believe that the requirements had been met. Therefore, any lapses in enforcement cannot be attributed to him, He did not exhibit manifest partiality, evident bad faith, or gross j |inexcusable negligence, nor did he cause undue injury to any party or grant unwarranted benefits, advantages, or privileges to Captain’s Peak Resort, The complaint lacks specific acts or omissions directly attributable to him that would % Records, Folder V, pp. 1721-1745.Page 37 of 83 Resolution FIO vs. Aumentado, eal OMB.C-CMAY-24.0036 satisfy the elements of the offenses. Citing jurisprudence, Chatto argues that allegations of "failure to enforce" and "continuous tolerance" are vague and unsupported by evidence, and that mere membership in a board does not equate to liability without proof of deliberate or fraudulent actions. Further, Chatto refutes the claim of conspiracy, asserting that the complaint does no: provide evidence of coordinated actions or a common design between him and other respondents to commit any offense. Jurisprudence establishes that mere presence at a meeting or general knowledge of a situation does not constitute conspiracy in the absence of overt acts indicating a shared criminal intent. Finally, the complaint fail to meet the standard of proof required for both criminal and administrative cases. Public officials are presumed innocent until Proven guilty, and the evidence presented does not overcome this presumption Allen Ray Zafra Piezas (Piezas),” in his Counter-Affidavit dated July 2, 2024, alleges that while he was the Mayor of Clarin, Bohol from 2010 to 2019, he could not be held liable for the passage of PAMB 2018 Resolution because his municipality was not included among the municipalities surrounding the CHNM whose officials, under Sec. 9 of E-NIPAS Act of 2018, were listed as PAMB members. Rosalino Soria Polinar, Jr. (Polinar)"® and Daniel Tahanlangit Pogoy {Pogoy),” in their Counter-A ffidavits both dated July 5, 2024, claim that they hecame ex-oficio members of the PAMB only in 2022 when the hills within their arangays (Caluwasan and Cabog, Clarin, respectively) have been declared to be art of CHNM. They, however, are not Liable for the passage/approval of 2022 | Records, Folder 10, pp. 999-100) | Records, Id, pp. 1125-1134, Revords, Id, pp. 1102-111