MANILA, Philippines -- The Office of the Ombudsman will conduct its preliminary investigation into the administrative and criminal charges against the mayor and other officials of the municipality of Malay, Aklan for allowing the construction of a hotel-resort in protected forestland.

Field Investigation Office (FIO) ordered that Mayor Ceciron S. Cawaling; Municipal Engineer Elizer B. Casidsid; and Alma S. Belejerdo, Zoning Administrator, all of Malay, Aklan; Jesus A. King, Barbara L. King, Richard L. King, John L. King, and Rafael L. King, incorporators of J. King and Sons Company, Inc., contractor of the project to be investigated, answer complaints for violation of Section 3(e) and (j) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, R.A. 1586 or An Act Proclaiming Certain Areas as Environmentally Critical, and Presidential Decree No. 705 or the Forestry Code.

Cawaling, Casidsid, and Belejerdo were also recommended to be administratively charged for Gross Neglect of Duty, Gross Misconduct, and Conduct grossly prejudicial to best interest of the service for their failure to stop the construction of Boracay Crown Regency.

The Department of Environment and Natural Resources (DENR) alleged in its complaint that the Boracay Crown Regency and Convention Center was being built on a piece of wetland which fell within the classification of protected areas by the DENR.

The complaint said that J. King and Sons Company “did not comply with the requirements of Environmental Laws prior to the construction of the Boracay Crown Regency,” and that the respondent local officials were “negligent in suspending the construction as likewise liable in the issuance of the building permits without the required Environment Compliance Certificate (ECC).”

A physical assessment by the Protected Areas and Wildlife Division of the DENR revealed that the area was a wetland, as evidenced by the slightly saline or brackish waters, lush shrubs and mangroves, and the various species of fish found there. In addition, the area was called by the locals as “lasinan,” or an area used for making salt, and was connected to the Dead Forest, an opening to the sea.

DENR also accused respondent local officials of being negligent in implementing Resolution No. 042 issued by the Sangguniang Bayan of Malay, which was issued in response to the DENR’s call for a moratorium on new construction of structures/buildings in Boracay.

The resolution was enacted on Sept. 26, 2007 and signed by Cawaling on Oct. 10, 2007. Cawaling only directed Casidsid and Belejerdo to implement the resolution on Jan. 2, 2008.

The FIO also recommended that Cawaling, Casidsid and Belejerdo be placed under preventive suspension pursuant to Section 34 of R.A. 6770 (The Ombudsman Act of 1989) to facilitate the conduct of the investigation.

If found guilty, they might face imprisonment of up to 15 years, perpetual disqualification from public office, and confiscation or forfeiture in favor of the Government of any prohibited interest and unexplained wealth manifestly out of proportion to his salary and lawful income.

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