■ EX-NAGA CITY MAYOR CHIONG CHARGED WITH GRAFT BEFORE SANDIGANBAYAN

For allegedly issuing a business permit to Petronas Energy Philippines, a wholesaler of liquified petroleum gas, despite the latter’s failure to present a fire safety inspection certificate, former City of Naga mayor Valdemar Chiong was indicted for grave misconduct and grave neglect of duty. Chiong, in his defense, said he only issued a “conditional permit,” as he had to act and use his discretion in addressing Petronas’s pending application. But the ombudsman resolved that Chiong deliberately violated RA 9154, the Fire Code. Chiong’s lawyers will appeal the case.

Former City of Naga mayor Valdemar Chiong will face trial before the Sandiganbayan over the allegedly irregular issuance of business permits to a liquefied petroleum gas (LPG) plant in Barangay Langtad in 2014.

Ombudsman Conchita Car-pio Morales found evidence to indict Chiong for violating Section 3(e) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act.

Morales found Chiong guilty of grave misconduct and gross neglect of duty, which perpetually barred him from working again in government.

Since he is no longer in government service, the penalty is convertible to a fine equivalent to Chiong's salary for one year.

“Chiong deliberately violated the specific requirement of Section 5 (g) of RA 9514 (Fire Code) and in doing so, he gave unwarranted benefits, advantage, or preference, to Petronas (Energy Philippines),” said Morales in the resolution.

Chiong issued the mayor's permit to Petronas even though it failed to comply with the distance requirement, pursuant to the fire safety inspection certificate that the Bureau of Fire Protection issues.

Concerned residents have voiced their concerns about the safety implications and risks of the two LPG storage tanks belonging to Petronas in Barangay Langtad.

Records from the municipal hall showed that the 2014 business permit was issued on April 7, 2014 despite Petronas' failure to present its Fire Safety Inspection Certificate (FSIC).

Chiong's side

Replying to the charges, the former mayor claimed that he only issued a conditional mayor's permit, as he had to act and use his discretion to address Petronas' pending application pursuant to his power.

In the resolution, Morales said Chiong deliberately violated the provision of the Fire Code and gave “unwarranted benefits” to Petronas when he issued the permit.

“This clearly shows gross inexcusable negligence and constituted grave misconduct and gross neglect of duty on his part in the performance of his duties and responsibilities as a mayor,” the resolution read.

The ombudsman also struck down Chiong's defense that merely issued the “conditional business permit” to Petronas.

The conditional permit may be allowed only when the lack- ing documents are those of SSS, Philhealth and Pag-IBIG, according to a memorandum issued by the Department of Interior and Local Government.

Section 5 (g) of the Fire Code states that “no occupancy permit, business or permit to operate shall be issued without securing an FSIC from the Chief, BFP (Bureau of Fire Protection), or the duly authorized representative.”

Chiong told SunStar Cebu he plans to appeal his case before the Office of the Ombudsman.

Chiong also urged the anti-graft court to investigate the BFP for allegedly derailing the issuance of a fire safety inspection certificate (FSIC) to Petronas when he was still mayor.

He said the city fire marshal and the BFP 7 approved Petronas' request for an FSIC but it was suspended by the BFP national headquarters after one of the firm's competitors questioned its issuance.

“I have been suffering because the BFP wasn't clear about its decision to issue the fire permit to Petronas,” Chiong said in Cebuano.

His daughter and his successor, Mayor Kristine Chiong, issued a business permit to Petronas after the BFP approved its FSIC earlier this year.