Ombudsman lifts Bohol governor’s suspension

WELCOME Bohol Gov. Erico Aristotle Aumentado gets a hug from Provincial Administrator Asteria Caberte as he is welcomed back by government officials, heads of offices and employees during the flag retreat ceremony at the capitol in Tagbilaran City on Friday. —Bohol Provincial Information Media Office photo

TAGBILARAN CITY, BOHOL, Philippines — Bohol Gov. Erico Aristotle Aumentado is back in office after his six-month preventive suspension and those of 30 other government officials were lifted by the Office of the Ombudsman.

“I’m free! It’s nice to be back to work for Bohol. I am happy because I have missed my work since I’ve been gone for two months,” said Aumentado, who was suspended along with 68 other local government and national agencies’ officials on May 28 this year for their alleged failure to stop the construction of a resort at the foot of the famous Chocolate Hills.

The suspension was initially set to last until November but it has been cut short to just over two months after the antigraft body accepted the governor’s explanation that he or his office had nothing to do with the construction of Captain’s Peak Garden and Resort in Sagbayan town.

READ: Bohol governor, 68 others suspended over Chocolate Hills resort mess

The presence of the resort at the foot of a national heritage and protected site drew widespread public outrage, including from Boholanos, and became the subject of a Senate inquiry.

The lifting of the preventive suspension was announced and welcomed by provincial officials and employees during the flag retreat ceremony at the Bohol provincial capitol building in this city last Friday, Aug. 2.

The order signed by Ombudsman Samuel Martires was dated July 31, 2024, but Aumentado received a digital copy of the decision only on Friday through his legal counsel.

The governor immediately went to the capitol here after he learned of the lifting of the suspension and arrived just in time for the flag retreat ceremony.

Aumentado was scheduled to officially return to his office today, Tuesday, as he was in Cebu on Monday on a prior invitation of Gov. Gwendolyn Garcia to attend the 455th founding anniversary of the province.

However, the suspension order meted out to Mayors Conchita Toribio-delos Reyes of Carmen town and Restituto Suarez III of Sagbayan town has yet to be lifted by the Office of the Ombudsman.

‘Evidence of guilt not strong’

In its resolution involving the case of the governor, the Ombudsman took into consideration the assertion of Aumentado in his motion for reconsideration dated June 7, 2024, that he did not approve or extend assistance to the construction, operation, and expansion of Captain’s Peak, which was built before he became governor in 2022.

The Ombudsman noted that Aumentado was unaware of the development conducted by the resort.

When Aumentado learned about the issue, the antigraft office said the governor “immediately requested an investigation, thus proving his lack of intent to violate the law.”

The “absence of any document or actions showing his approval of Captain’s Peak development also affirms that the evidence of guilt is not strong,” the Ombudsman said.

The Ombudsman also pointed out that Aumentado “does not exercise supervisory powers over the Protected Area Management Board, Provincial Environment and Natural Resources Office, and other government agencies on matters relating to the issuance of environmental clearances and permits.”

Ready to reconnect

Aumentado said on Friday that he would sit down with the department heads to review projects that had been implemented since he was away for about two months.

“I will call the department heads because I want to know where we are heading. We’re disconnected for two months,” said Aumentado.

He credited the late Vice Gov. Victor Balite, who served as acting governor during his suspension, for ensuring there was no disruption in the operation of the provincial government. Balite died last July 17 in this city due to an undisclosed ailment.

Among the local officials whose suspensions were also lifted included Mayors Antonino Jumawid of Batuan, Elizabeth Pace of Catigbian, Eugeniano Ibarra of Clarin, Dionisio Neil Balite of Valencia, Michael Doria of Sierra Bullones and Norman Palacio of Bilar.

In their joint motions filed on June 18, Jumawid, Pace, Ibarra, Dionisio Neil, Doria, Palacio and Vice Mayors Simplicio Maestrado Jr. of Sierra Bullones and Ranulfo Maligmat of Bilar stated that “there is [a] legal and physical impossibility to commit the administrative charges filed against them considering that Captain’s Peak was constructed and operated outside of their geographical jurisdiction/municipalities…”

The suspension orders were also lifted for some village chiefs in Batuan and Carmen towns, and officials of government agencies.

Aumentado and 68 government officials were put on a six-month preventive suspension last May 28.

The suspension stemmed from the establishment of Captain’s Peak Garden and Resort inside the United Nations Educational, Scientific and Cultural Organization-declared global geopark in Sagbayan.

The Chocolate Hills, a geological wonder, consists of some 1,776 hills of conical shape and size spread over the towns of Bilar, Carmen, Batuan, Sierra Bullones and Sagbayan.

According to the Department of Environment and Natural Resources, the hills are protected under the Expanded National Integrated Protected Areas System Act or Republic Act No. 7586, as amended by RA 11038.

In 1997, then President Fidel Ramos, through Presidential Decree No. 1037, declared the Chocolate Hills as a natural monument, ensuring their protection.