BY DAVE SUAN ALBARADO

Tagbilaran City Mayor Jane Censoria Cajes-Yap is facing a formal graft complaint before the Office of the Ombudsman (Visayas) for allegedly issuing a business permit to Bohol Tropics Resort, a beachfront establishment owned by her husband’s family, despite the absence of a renewed Foreshore Lease Agreement (FLA) from the Department of Environment and Natural Resources (DENR).

The complaint was filed by former city mayor and practicing lawyer Atty. Dan Neri Lim, who accused Mayor Yap, wife of congressman candidate Baba Yap, of violating Sections 3(e) and 3(j) of Republic Act No. 3019, also known as the Anti-Graft and Corrupt Practices Act.

Lim claimed the lady mayor knowingly approved the resort’s business permit in 2023 and 2024 even though its legal authority to occupy government foreshore land had already lapsed.

“The act of Mayor Jane Yap in issuing a business permit to Bohol Tropics Resort, owned by her husband’s family, violates the law,” Lim said in his complaint.

“Mayor Yap knowingly approved and granted the business permit despite the fact that the resort is not entitled to such, as it lacks the required FLA,” said Atty. Lim.

According to Lim, the resort’s FLA with the DENR, signed in 1997 for a 25-year term, expired in 2022 and has not been renewed.

The agreement was originally granted to Mr. John II Yap, Mayor Yap’s father-in-law, allowing the family-owned resort to legally occupy and operate on government-managed foreshore land along Tagbilaran Bay.

In response to Lim’s inquiry, DENR Region VII Officer-in-Charge Charlie E. Fabre confirmed through a letter dated August 21, 2024, that the lease had not yet been renewed.

Fabre stated that Mr. Yap is in the process of renewing the contract and that an appraisal had already been conducted by the Community Environment and Natural Resources Office (CENRO) in Tagbilaran.

However, the initial appraisal was found to contain discrepancies, prompting a revision of the valuation report.

The letter also mentioned that the matter was referred to the Provincial Environment and Natural Resources Office (PENRO) and CENRO Tagbilaran for further action and the possible issuance of certified copies of the lease document.

DENR’s updated guidelines under DAO 2022-10 authorize the CENRO to issue certifications related to land disposition records.

Lim argued that despite the lack of a renewed lease, Mayor Yap proceeded to approve the resort’s business permit, thereby giving unwarranted benefits to her family’s private enterprise.

He further said that such an act falls squarely under corrupt practices prohibited by the Anti-Graft Law.

“Bohol Tropics Resort has been operating illegally since 2022 due to the expired lease, yet the city government under City Mayor Yap allowed it to continue operations through the issuance of business permits,” Lim said.

He added that Mayor Yap’s actions demonstrated “manifest partiality, evident bad faith, or gross inexcusable negligence” by prioritizing her family’s interest over legal requirements.

The complaint also included a prayer for the preventive suspension of Mayor Jane Yap during the pendency of the investigation to prevent any undue influence on witnesses, evidence, or DENR officials involved in the matter.

Lim attached to his affidavit a verification and certification of non-forum shopping, affirming that no similar case is pending before any other tribunal.

The affidavit was sworn before a notary public in Cebu City on September 27, 2024.

Bohol Tropics Resort, one of Tagbilaran City’s long-standing hospitality establishments, has been a fixture on the city’s tourism scene for decades, regularly hosting events and conferences.

The foreshore land it occupies is government property and requires an active FLA from the DENR for continued commercial use.

Legal experts say the case could set a precedent for how local officials handle business permit issuances tied to national government requirements, especially when familial ties are involved.

The Office of the Ombudsman is expected to evaluate the complaint and determine whether a formal investigation and charges will be pursued.

EXPIRED FLA AND BUSINESS PERMIT

The issuance of a mayor’s and business permit to Bohol Tropics Resort comes under scrutiny after questions were raised about the resort’s compliance with regulatory requirements, particularly its Foreshore Lease Agreement (FLA).

Former City Mayor Atty. Dan Lim, uncle of Baba Yap being the brother of the latter’s mother, has publicly questioned incumbent City Mayor Jane Cajes-Yap regarding the approval of a mayor and business permit for Bohol Tropics despite the apparent absence of a valid FLA, which is reportedly one of the mandatory requirements for obtaining a city business permit.

When contacted by The Bohol Tribune about these allegations and concerns regarding alleged illegal reclamation activities, City Administrator Alvin Luis Acuzar stated that the resort’s legal team at City Hall would provide an official response after reviewing the complete news story.

The Tribune also reached out to Charlie Jasper Fabre of the Department of Environment and Natural Resources (DENR) regarding the status of the resort’s FLA, which reportedly expired in 2022.

According to Fabre, the renewal of the FLA is “on process,” indicating that Bohol Tropics currently does not possess a valid FLA until the DENR completes the renewal procedure.

The Bohol Tribune will continue to follow this developing story as more information becomes available.