CEBU, Philippines - The Office of the Ombudsman in the Visayas will only issue a cease and desist order against the restoration of the controversial Balili property if an irregularity is found in the disbursement of funds for the project.
Deputy Ombudsman for the Visayas Pelagio Apostol said the result of the fact-finding investigation on the alleged “restoration†of the Balili property will be out soon.
They are only waiting for the audit report from the Commission on Audit (COA)-7 to determine whether there is basis to upgrade the case or close it for insufficiency of evidence.
However, Apostol will not comment on the statement of environmentalist lawyer Benjamin Cabredo, co-founder of the Philippine Earth Justice Center (PEJC), calling for the restoration of the mangrove area.
“I cannot comment on that. It is beyond our jurisdiction. It’s either the court or the management,†he said.
Cabredo conducted an ocular inspection in the property yesterday to check the coal ash dumping site in the area.
The pre-trial of environmental case filed by PEJC against Salcon Power Corporation-Kepco, the Cebu Provincial Government and Naga City government will be held today.
Cabredo said the one-hectare coal ash dumping site can no longer be used as coal ash dumping site as the court already ruled against it.
“I will recommend that the area being built as coal ash dumping site be reverted back to its original state, which is a mangrove plantation,†Cabredo said.
Cabredo said that the high density polyethylene sheet used for the land fill which costs around P1.7 million has to be removed and it can be used for another landfill sites.
In 2010, Cabrido, Central Visayas Fisherfolk’s Development Center as well as residents of the cities of Naga and Toledo filed a petition in court for the issuance of a Temporary Environmental Protection Order and a writ of continuing mandamus to stop the dumping of coal ash at the controversial Balili property in Naga City.
The petition, pending before at Branch 28 of the Regional Trial Court sought to void the memorandum of agreement between Cebu province and Salcon Power Corporation-Kepco for the dumping of coal ash waste on the said property.
The respondents include suspended Cebu Governor Gwen Garcia and former Vice Governor Gregorio Sanchez Jr. representing the Cebu Province, Naga City Mayor Valdemar Chiong, Toledo City Mayor Aurelio Espinosa, Cebu Energy Development Corp. , Toledo Power Corp., Salcon Power Corp. and Korean Power Corp.
Meanwhile, Cabredo is calling on the Bureau of Fisheries and Aquatic Resources 7 and the Department of Environment and Natural Resources 7 to look into the 98.7 hectare Balili property.
“It’s more than two years since the property remained unused. BFAR and DENR should look into this property because it is within their jurisdiction to look into it,†he said. (FREEMAN)