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Aris under fire: Ombuds probes misconduct during suspension

BY DAVE SUAN ALBARADO

The Office of the Ombudsman has ordered Bohol Governor Aris Aumentado to respond to allegations of grave misconduct and neglect of duty within 10 days, according to an official order from the anti-graft body.

The order stems from a complaint filed against Aumentado, identified as OMB-C-A-MAY-24-0043, which accuses the governor of “Grave Misconduct, Gross Neglect of Duty and Conduct Prejudicial to the Best Interest of the Service.”

The Ombudsman’s Field Investigation Office is acting on a request from Aumentado’s counsel, Atty. Philip C. Adviento, for a copy of video evidence allegedly showing the governor making public appearances despite a preventive suspension.

The order states that a copy of the requested videos, contained on a USB drive, has been provided to Aumentado’s legal team. It also reiterates an initial order from Aug. 5, 2024, giving the governor 10 days from receipt to submit his comment on allegations made by a group identified as Citizens for Governance and Accountability and Review.

The document was issued under Republic Act No. 6770, known as “The Ombudsman Act of 1989,” and signed by Nellie T. Bogalbal-Golez, identified as Director, PIAB-D.

The Ombudsman is responsible for investigating and prosecuting government officials accused of crimes or misconduct.

Earlier, a watchdog group has accused the suspended governor of Bohol province of flouting a preventive suspension order issued by the Office of the Ombudsman.

In a letter dated July 11, 2024, addressed to Ombudsman Samuel R. Martires and Special Prosecutor Edilberto G. Sandoval, the group “Boholanos for Good Governance, Accountability and Review” alleged that the governor continues to attend public events and interact with local officials despite his suspension.

“He continues to be visible in public events, interacting with barangay and local municipal officials, attending project turnovers and events while continuing to plead his case to sway public opinion,” the letter stated.

The group claimed this behavior demonstrates “utter disregard to the rule of law,” and accused the governor of making emotional appeals to constituents that portray the Ombudsman’s office negatively.

“[He is] putting your office in a bad light by painting his suspension as politically motivated,” the letter continued.

The watchdog group said it had attached photographic evidence of the governor’s public appearances for the Ombudsman’s evaluation.

Under Philippine law, the Ombudsman has the power to preventively suspend government officials pending an investigation into allegations of wrongdoing.

The Bohol Tribune has reached out to the governor’s office and the Office of the Ombudsman for comment, but failed to get a feedback.

SIX-MONTH SUSPENSION

Aumentado, along with 68 other officials, was placed on a six-month preventive suspension by the Office of the Ombudsman due to allegations of grave misconduct and negligence related to the controversial Captain’s Peak Resort situated in the Chocolate Hills.

The suspension, which took effect on May 28, 2024, was announced following an investigation into the resort’s operations, which reportedly lacked necessary environmental permits and violated several environmental laws.

The Ombudsman’s order showed that Aumentado and his fellow officials engaged in actions that demonstrated “manifest partiality” and “gross inexcusable negligence.”

The misconduct allegedly allowed the resort to operate despite its failure to secure an Environmental Compliance Certificate (ECC) from the Department of Environment and Natural Resources (DENR) and its violations of the National Integrated Protected Areas System Act of 1992 and its subsequent amendments.

The Chocolate Hills, a UNESCO World Heritage site, is protected under Proclamation 1037, which prohibits any activities that could alter or damage the natural monument.

DENR confirmed that no ECC was issued for Captain’s Peak Resort, yet local authorities had granted building and operational permits.

In a statement following his suspension, Aumentado denied any involvement in the resort’s development, asserting that it was constructed in 2018 when he was serving as a congressman.

He argued that he was not present at a crucial meeting in 2022 where the resolution endorsing the resort’s development was approved. “My conscience is clear,” Aumentado stated, insisting on his innocence regarding the allegations.

The controversy surrounding Captain’s Peak Resort gained global public attention after a video surfaced on social media in March 2024, showcasing the resort’s operations within the protected area.

Following this exposure, operations were halted on March 14, 2024.

REINSTATEMENT

Two months after being suspended, Aumentado officially returned to his post after the Office of the Ombudsman lifted a six-month preventive suspension related to the controversial Captain’s Peak Garden and Resort located at the foot of the famed Chocolate Hills.

The suspension, initially imposed on May 28, 2024, was lifted effective July 31, 2024, following a review of the allegations against him.

In a statement released by Aumentado’s office, he expressed relief and gratitude for his reinstatement.

“I’m free! It’s nice to be back to work for Bohol. I am happy because I have missed my work since I’ve been gone for two months,” he said during a flag retreat ceremony held at the provincial capitol on August 2, 2024.

The Ombudsman’s decision to lift the suspension came after Aumentado filed a motion for reconsideration in June, asserting that he had no involvement in the approval or construction of the resort.

He argued that the resort was built in 2018, prior to his tenure as governor, and that he was not present at key meetings where its development was discussed.

The lifting of the suspension also included 30 other local officials who were similarly accused of negligence and misconduct regarding the resort’s operations within a protected area. Notably absent from this reinstatement were several mayors and officials who did not file motions for reconsideration.

Aumentado stated that upon returning to office, he plans to meet with provincial department heads to assess ongoing projects that were affected during his absence. “I will review what had been implemented, as well as the ongoing projects because I was away for two months,” he noted.

The construction of Captain’s Peak Resort had sparked public outrage due to its location within a UNESCO World Heritage site, leading to widespread calls for accountability among local officials.

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