Tom sues EMB execs over Ciudad project

CEBU, Philippines -  Cebu City South District Rep. Tomas Osmeña yesterday filed before the Office of the Ombudsman-Visayas a case for violation of the anti-graft law against two top officials of the Environmental Management Bureau (EMB) and the developer of the P1.2 billion Ciudad Project in Barangay Apas for illegal cutting of more than 200 trees within the project site.

Named respondents are EMB-7 Regional Director Fernando Quililan, environmental impact assessment (EIA) division chief William Cunada and Michael Lloyd Dino, executive vice president of the Fifth Avenue Development Property Development Corporation.

In his three-page complaint, Osmeña requested Deputy Ombudsman Pelagio Apostol to preventively suspend both Quililan and Cunada from their positions pending on the outcome of the investigation since the case involves grave misconduct.

Osmeña said aside from grave misconduct the case also involves neglect in the performance of duty and their continued stay in their respective offices might prejudice the case filed against them.

“That due investigation be conducted forthwith, and that after such investigation, proper administrative sanctions be imposed upon the public respondents and that the corresponding information for criminal charges be filed against all the respondents,” Osmeña said.

Osmeña said Dino had exerted undue influence to both Quililan and Cunada and the latter also allowed themselves to be influenced when they did not comply with the proper rules and regulations duly promulgated by the Department of Environment and Natural Resources (DENR) regarding the issuance of environmental compliance certificates in favor of Dino.

According to Osmeña that Dino did not comply with what he had promised during the public hearing conducted last December 2, 2011 in Apas Barangay Hall that there will be no cutting of trees within the project site.

Dino even emphasized during that meeting that part of their urban greening program in the submitted draft of the Environmental Impact Statement (EIS) information was a statement on landscaping, planting of trees, plants and vegetation.

But Osmeña said he was informed by “reliable sources” that the personnel hired by the project developer had already “massacred” or cutted about 263 trees within the project site comprising of planted and naturally-grown decade-old trees leaving behind only 37 uncut trees.

Jonji Gonzales, the developer’s spokesperson, denied that there is already cutting of trees inside the project site. He also denied that Dino had influenced the EMB officials, saying that “Hangtud karon wala pa man gani kami makakuha og Environmental Compliance Certificate.”

Once the ECC will be issued, the project developer can already apply for a building permit from City Hall because the City Planning and Development Office had already issued locational clearance for the project.

“Ciudad” is a joint venture project between the Province of Cebu and the Fifth Avenue Property Development Corporation to be constructed at the province-owned lot, but Osmeña strongly objected it since he was still the city mayor for the reason that it can only contribute worst traffic along the Banilad-Talamban road. 

Among the issues discussed during the recent public hearing was that the title of the lot where the proposed Ciudad Project or the construction of at least five commercial buildings has been stamped with the word “cancelled” at the Registry of Deeds.

But Osmeña wondered because the land title that was submitted to the EMB did not bear the word “cancelled” that is why he strongly believed that such document has been tampered with.

Osmeña said when the issue was brought up to the attention of Cunada, the latter just said their office is not concern with legalities and would allow the defective title as a basis for the project to proceed.

According to Osmeña the information that he received was that funded the creation of a review committee composed of environmentalist, academe, representative from non-government organizations, to study and make recommendations on the issues that were discussed during the public hearing.

The congressman has been informed by his sources that the review committee created by Quililan will justify the cutting of trees within the project site and that the EMB officials will accept the amended environmental impact assessment (EIA) to be submitted by Dino.

Last month, the City Council asked DENR to make an inventory of all trees located within the proposed project site of Ciudad and to ensure that none would be cut off. — (FREEMAN)