The Supreme Court (SC) has acquitted former Panglao mayor Doloreich Dumaluan of graft charges.
The case is related to the former mayor’s alleged refusal without sufficient ground to grant locational clearance or certification to a local resort in 2005.
In a 9-page decision dated Dec. 7, 2022 but was released only on Jan. 23, 2023, the High Court reversed its earlier decision that affirmed Dumaluan’s conviction for violating Section 3(f) of the the Republic Act 3019, otherwise known as the Anti-Graft and Corrupt Practices Act.
The SC favored Dumaluan’s motion for reconsideration and acquitted the former mayor of Panglao.
The SC saw that Dumaluan, the former local chief executive of Panglao, had no authority to issue a locational clearance or clearance to the Bohol Resort Development Inc. the former owner of Bohol Beach Club.
Prior to the SC acquittal, the Sandiganbayan found Dumaluan guilty of graft and ordered to be imprisoned for a minimum jail term of 6 years and 1 month to a maximum of 10 years.
Dumaluan was also disqualified from perpetually holding public office.
The SC first affirmed the Sandiganbayan’s decision but eventually reversed itself following the motion for reconsideration.
The local chief executives have the power to issue a locational clearance if there is a comprehensive land use plan (CLUP). Are the time, Bohol Beach Club applied for a locational clearance, Panglao had no CLUP. Therefore, the former mayor had no authority to issue a locational clearance or certification.
Dumaluan said that the case has come to an end after 18 years and called the case a “like a battle between David and Goliath”.