Case vs ex-mayor, DENR officials, Boracay resort exec junked

MANILA, Philippines - The Office of the Ombudsman has junked a graft case filed against a former mayor of Malay town in Aklan, an executive of a Boracay resort, and local officials of the Department of Environment and Natural Resources (DENR).

Ombudsman Conchita Carpio-Morales approved the dismissal of the charges based on the recommendation of graft investigators that the case be dismissed for lack of probable cause.

Cleared were former Malay town mayor Ceciron Cwaling; Boracay West Cove chief executive officer Crisostomo Aquino; former DENR executive director Ricardo Calderon, Region 6 executive director Julian Amador, and Salvador Maglinong, team leader of the DENR’s Malay satellite office.

The graft case stemmed from a complaint filed by Mayor Virgilio Bote of General Tinio, Nueva Ecija accusing the respondents of illegally constructing in 2006 permanent structures that encroached on other properties in Boracay.

But after looking into the complaint and the evidence, probers of the Office of the Ombudsman led by graft investigation and prosecution officer Eden Crispy Lasala said there was insufficient basis to charge the respondents for graft in court.

The Office of the Ombudsman also dismissed the administrative case for violation of the Code of Conduct and Ethical Standards for Public Officials and Employees against Calderon, Amador and Maglinong for lack of substantial evidence.

The decision also clarified that the DENR has sole jurisdiction over the Boracay West Cove because it is a forestland and does not fall in the 25-plus-5-meter easement being implemented on the island.

According to the 20-page decision, the DENR, under Executive Order No. 192, is recognized as the primary government agency responsible for the conservation, management, development, and proper use of the country’s environment and natural resources, specifically forest and grazing lands of the public domain.

Aquino recently filed a case for falsification of documents against Bote for allegedly using fake titles in claiming about two hectares of land near Boracay West Cove, which had a contract with the DENR.

Aquino said his resort does not stand in a foreshore area, “but rather in a forestland, thus our constructions for tourism purposes are legal under our Flag-T contract with DENR.”