Quantcast
Latest Stories

3 DENR execs sued for graft, suspended for 1 year over land survey plans

By

Ombudsman Conchita Carpio Morales. INQUIRER FILE PHOTO

MANILA, Philippines—Ombudsman Conchita Carpio Morales has indicted for graft and suspended for one year without pay three regional officials of the Department of Environment and Natural Resources (DENR) in connection with the questionable disapproval of the survey plans of some lot owners to give way to the foreshore lease application of another company in 2007.

In a 15-page Review Resolution, Morales upheld the findings of the investigating team of alleged violations of the Anti-Graft and Corrupt Practices Act by DENR Regional Director Regidor De Leon, Regional Technical Director for Lands Leonardo Aggabao, Jr. and Engineer III Fernando Clerigo.

The case stemmed from the complaint filed by Jaime Lazaro, Salvador Osita and Monico Waje, owners of several lots covered by survey plans located in Barangay Bolitoc, Sta. Cruz, Zambales.

In their complaint, they claimed that De Leon, Aggabao Jr. and Clerigo had conspired in canceling their approved survey plans to give way to the application of the DMCI Holdings, Inc. (DMCI).

They also alleged that their application was canceled without the benefit of hearing or inquiry in gross violation of the elementary rule of due process.  They added that the cancellation was irregular as it was made before the scheduled ground survey.

The complainants further stressed that the lots covered by the plans have been classified as alienable and disposable as they are agricultural in nature as evidenced by the certification issued by Juanito David, Officer-in-Charge, Community Environment and Natural Resources (CENRO), Masinloc; Aggabao, Jr. and Juan Fernandez, Jr., Chief, Surveys Division.

They further claimed that the lots covered by the plans have not been eaten by the South China Sea contrary to the findings of the DENR’s Regional Office.

In the Resolution, Morales agreed “that conspiracy among respondents De Leon, Aggabao, Jr. and Clerigo indicating unity of the purpose in accomplishing a criminal design to favor DMCI’s foreshore lease application is gathered from their [acts.]”

She said that the respondents’ manifest partiality and bad faith became very obvious when they arbitrarily cancelled private complainants’ approved survey plans before the scheduled ground verification survey using as bases the January 11, 2008 Memorandum/ Investigation Report of respondents Special Investigator Rowena Magat and Land Management Inspector Joel Dedicatoria and Forest Ranger Dionito Pascual and January 8, 2008 Order of De Leon.

“This is a clear case of putting the cart ahead of the horse,” the resolution said.

“While there is possibility that there might be legal grounds to cancel the same, still, it offers no excuse for the respondents to make legal short cuts and ignore the cardinal requirements of due process),” it added.

In upholding the report of her team, Morales cited Article III of the 1987 Philippine Constitution, which stated that “No person shall be deprived of life, liberty, and property without due process of law nor shall any person be denied of equal protection of the laws.”

Aside from their indictment, Morales also found De Leon, Aggabao, Jr. and Clerigo guilty of grave misconduct and conduct prejudicial to the best interest of the service as she penalized them with one year suspension without pay.

“The image of the public office is mirrored in the conduct, official and otherwise, of the personnel who work therein,” Morales stressed.

“It cannot be gainsaid that respondents’ conduct clearly violated the norm of public accountability and diminished the faith of the people in the [DENR],” she added.

The criminal and administrative charges filed against Fernandez, Jr., Land Management Office OIC Marife Castillo, David, Magat, Dedicatoria and Pascual, were dismissed for insufficiency of evidence.


Follow Us

Follow us on Facebook Follow on Twitter Follow on Twitter


Recent Stories:

Complete stories on our Digital Edition newsstand for tablets, netbooks and mobile phones; 14-issue free trial. About to step out? Get breaking alerts on your mobile.phone. Text ON INQ BREAKING to 4467, for Globe, Smart and Sun subscribers in the Philippines.

Tags: Conchita Carpio-Morales , Crime , Department of Environment and Natural Resources , DMCI Holdings , Fernando Clerigo , Graft and Corruption , INC , Jr. , land survey plans , law and justice , Leonardo Aggabao , Office of the Ombudsman , Philippines , Regidor De Leon




Copyright © 2014, .
To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here.
Factual errors? Contact the Philippine Daily Inquirer's day desk. Believe this article violates journalistic ethics? Contact the Inquirer's Reader's Advocate. Or write The Readers' Advocate:
c/o Philippine Daily Inquirer Chino Roces Avenue corner Yague and Mascardo Streets, Makati City, Metro Manila, Philippines Or fax nos. +63 2 8974793 to 94
Advertisement
  1. 12 senators on Napoles ‘pork’ list, says Lacson
  2. Save the queen? Aide takes fall for Enrile, Gigi Reyes
  3. Palace prepared to charge its allies
  4. Senator’s kickback from pork bigger than those of Enrile, Estrada, Revilla – Lacson
  5. Napoles turnaround alarms whistle-blowers
  6. What Went Before: Malacañang allies alleged involvement in pork scam
  7. Napoles spills beans on Enrile, Estrada, Revilla – De Lima
  8. Timeline: Napoles tell-all
  9. HK apology: Why Estrada and not Aquino?
  10. Cedric Lee’s cohort flies out of PH despite look-out order – De Lima
  1. Napoles spills beans on Enrile, Estrada, Revilla – De Lima
  2. 12 senators on Napoles ‘pork’ list, says Lacson
  3. Gigi Reyes pins blame on aide
  4. Estrada: Gigi Reyes won’t testify vs JPE
  5. Bernice Lee arrested by NBI team
  6. Enrile chief aide back in PH ‘to face charges’
  7. Cedric Lee’s cohort flies out of PH despite look-out order – De Lima
  8. Suspect in Vhong Navarro’s mauling wants to turn state witness – De Lima
  9. Reckless driver endangered lives of Aquino, entourage–report
  10. Lawyer: Napoles ‘will tell all’
  1. MRT passengers pass the hat for 6-year-old Ashley
  2. Rookie, lady cops lauded for quick response to MOA heist
  3. Napoles spills beans on Enrile, Estrada, Revilla – De Lima
  4. Malaysia averts another air tragedy; pilot lands troubled plane safely
  5. Revilla says he was joking; Lacson stands by his story
  6. Revilla ‘consulted’ Lacson on how he evaded arrest
  7. 12 senators on Napoles ‘pork’ list, says Lacson
  8. Gigi Reyes pins blame on aide
  9. Cudia, dismissed for lying, got 99% in conduct
  10. Kim Henares needs a reprimand, says Cayetano
Advertisement

News

  • Obama: US will defend Japan vs China
  • Santiago accuses Lacson of fronting for Enrile, Gigi Reyes
  • Name names, Lacson told
  • Ukraine FM: We are ready to fight Russia
  • Slain officer’s ‘diagram’ rocks PNP
  • Sports

  • Sharapova advances to Stuttgart quarterfinals
  • Galedo caps ride of redemption
  • Beermen, Express dispute second semis slot today
  • Lady Agilas upset Lady Bulldogs in four sets
  • NLEX roars to 7th D-League win
  • Lifestyle

  • How Jing Monis Salon gave Krissy the pixie
  • Want to be a supermodel? Work on your inner beauty, says Joey Espino
  • Denims that keep you cool–literally
  • 10 essential summer skin savers
  • Here’s your visual guide to all things cool, hot in summer fashion
  • Entertainment

  • Kristoffer Martin: from thug to gay teen
  • Has Ai Ai fallen deeply with ‘sireno?’
  • California court won’t review Jackson doctor case
  • Cris Villonco on play adapted from different medium
  • OMB exec’s assurance: We work 24/7
  • Business

  • Bangko Sentral readies new bank lending rules
  • Gaming stocks gain, PSEi eases on profit-taking
  • Cebu Pacific flew 3.74M passengers as of March
  • Corporate bonds sweeteners
  • Professionals in the family business
  • Technology

  • Vatican announces hashtag for April 27 canonizations
  • Enrile in Masters of the Universe, Lord of the Rings?
  • Top Traits of Digital Marketers
  • No truth to viral no-visa ‘chronicles’
  • ‘Unlimited’ Internet promos not really limitless; lawmakers call for probe
  • Opinion

  • Editorial Cartoon, April 25, 2014
  • No deal, Janet
  • Like making Al Capone a witness vs his gang
  • MERS-CoV and mothers
  • A graduation story
  • Global Nation

  • Afghan hospital guard kills 3 American doctors
  • Career diplomat is new PH consul general in Los Angeles
  • US4GG: Aquino should ask Obama for TPS approval, drone technology
  • Complex health care system for California’s elderly and poor explained
  • Tiff with HK over Luneta hostage fiasco finally over
  • Marketplace
    Advertisement