Ombud hearing cases on illegal dumpsites

INVESTIGATORS from the Environment Ombudsman Program in Mindanao are now conducting public hearings on the illegal dumpsites in seven cities and municipalities located in Mindanao.

Deputy Ombudsman from Luzon Hon. Gerard Mosquera during the Habi at Kape weekly media forum held at Abreeza said that officials from the cities of Kidapawan, Koronadal, Valencia, Cagayan de Oro, and towns of General Luna in Surigao del Norte, Marihatag in Surigao del Sur, and Loreto in Agusan Del Sur were directed to attend the series of clarificatory hearings from October 25 to 28, in line with their compliance with the Republic Act No. 9003 or the Ecological Solid Waste and Management Act of 2000.

“Itong seven are part of a group of 50 LGUs constituting the first batch of LGUs charged by DENR before the office of the

Ombudsman for the failure of incumbent local officials to implement the law,” he said.

He added that this is the first sweeping campaign of the government to proactively and aggressively implement and enforce the Ecological Solid Waste Management act of 2000.

He said that they called attention of the entire Local Government in order to answer for their failure to implement for them to answer both collectively and individually why they failed to implement the law which has been in place for 16 years already.

Mosquera said that in case the fact-finding panels find basis on the complaint, criminal and administrative cases may be filed.

“An official can be charged with gross neglect of duty which first offense penalty includes dismissal for service and perpetual disqualification from holding office,” he said.

He said that this punishment is serious.

“For a career official addicted to public office, yung perpetual disqualification from holding public office is like a death penalty, so hindi magaan ang penalties,” he said.

Based on data, the Ombudsman already ordered the closure of the dumpsite of 29 LGUs from Regions 3, 4-A, 6, 7, and 8 as of September 2016 following the public hearings they have conducted within the areas.

He said that most of the municipalities have admitted the offense as it is evident in the documented pictures, and one of the most common excuses raised were the lack of funds, which is according to him is not acceptable.

He said that no public official on record has been punished yet for the offense of not implementing the law adding that these hearings may lead to such development.

He said that the Environmental Ombudsman Program has allotted the whole year to conduct hearings in the 50 LGUS saying that the results of the three day public hearing conducted this October will possibly come out late this year or early next year.

Mosquera said that though admissions of the offense are done by erring LGU, they are still tasked to evaluate before formal filing of charges could be done.

He added that after the public hearings, if the complaint is elevated, officials will still undergo administrative adjudication.

“So mabibigyan pa sila ng chance to submit a counter affidavit what they have submitted so far are an explanations, kasi pag ma-elevate to second step which is administrative adjudication they will be given another chance to submit counter affidavit, so malayo layo pa," he said. KVC