Ombuds dismiss raps vs Panglao town execs

PANGLAO, BOHOL, Philippines — “For lack of probable cause,” the Ombudsman dismissed the administrative and criminal charges against officials of Panglao town in Bohol and casual workers for removing unauthorized buoys around an islet, allegedly owned by the complainant.

The anti-graft body ruled that there’s no issue to resolve the charges (on OMB V-C-15-0264 and OMB V-A 15-0282) against the following respondents:

Mayor Nila Montero, Vice Mayor Pedro Fuertes, Municipal Engineer Rogelio Bonao, Barangay Councilpersons Rolando Clenista and Victoria Revilla of Poblacion, Coast Guard’s detachment commander Nicolas Jaluag and vessel safety inspection officer Paquito Esarza II, and seven municipal job order casual workers.

Ramon Rodriguez, who “owns” the so-called virgin island, dubbed as “Isola de Francesco” off Poblacion in this town, was the complainant against the people who removed the buoys he put up around the islet. .

The Ombudsman ruled that “the complainant failed to establish that he has the necessary permit for the installation of the buoys around his island.”

Despite invoking Municipal Ordinance No 6, series of 1998 to justify the complainant’s claim of buoys’ installation, the Ombudsman said the ordinance “does not appear to apply to complainant as it governs owners and operators of sea crafts only.”

The Ombudsman decision also said that, even assuming the ordinance applies to the complainant in installing mooring buoys around the island which is allowed by the same measure, still the installation of buoys is “subject to the approval of the municipal engineer.” The complainant did not secure such permit to put up such mooring buoys, the Ombudsman said.

The complainant also invoked Phil Coast Guard Memorandum Circular No. 03-14 in putting up of the buoys but this contradicts the ordinance, said the Ombudsman, because the MC requires that the buoys must not be mooring buoys and that that “there’s no showing that his island qualifies as a beach resort where guests can go swimming.”

The Ombudsman also said that the complainant was afforded with due process before the buoys were removed by respondents. “On the other hand, complainant failed to justify that he has the necessary permit to install said buoys around his island. For this reason, complainant cannot validly complain as he has failed to establish any clear legal right that needs protection.”

Fuertes told The Freeman he fully supported the move of the mayor, in enforcing the law, contending that the islet should not be enclosed with buoys because there are no marine protected areas nearby. The buoys also deprived fishermen from taking shelter at the islet in case of bad weather, argued the mayor. (FREEMAN)