For refusing to give documents: 2 lawyers file raps versus Gwen, Provincial Board

CEBU, Philippines - The refusal of Capitol officials to provide copies of the pertinent documents concerning the purchase of the controversial Balili property and its intended use has earned Governor Gwendolyn Garcia and the members of the Provincial Board two counts of criminal complaints for violation of the Anti-Red Tape Act and the Code of Conduct and Ethical Standards for Public Officials and Employees from two environmental lawyers.

Lawyers Gloria Estenzo Ramos and Benjamin Cabrido yesterday filed the complaints before the Office of the Ombudsman Visayas against Garcia, Vice Governor Gregorio Sanchez, PB members Julian Daan, Juan Bolo, Wilfredo Caminero, Peter John Calderon, Victoria Corominas, Ian Zambo, Joven Mondigo, Jr., Rosemarie Durano, Victor Maambong, Wenceslao Gakit, Bea Mercede Calderon, Teresita Celis and Alfred Francis Ouano for violations of the Republic Act 9485 and R.A. 6713.

Ramos and Cabrido said that except for PB Member Agnes Magpale, all the provincial officials refused to answer their requests for copies of the documents relative to the controversial Balili property in barangay Tinaan, Naga, which the province bought.

The complainants, who are active in their advocacy for environmental protection, said that when they heard Garcia made a public pronouncement early last July that she entered, on behalf of Cebu Province, a memorandum of agreement with the Korean Electric Corporation to host a dumpsite facility for hazardous coal ash from the company.

Garcia then mentioned the Balili property as the site for the coal ash dumpsite. According to the governor, she already had the authority from the Provincial Board to execute the MOA and the purchase of the property.

Ramos and Cabrido said they sent a letter request on July 2 asking Garcia and all the members of the board a copy of the MOA entered by the province with KEPCO and whether there was already an Environmental Compliance Certificate issued by the Department of Environment and Natural Resources.

The complainants also asked a copy of the Deed of Sale and other related documents including the Statements of Income and Expenditures of the province for the past three years.

In addition to the request, they also incorporated a set of letter interrogatories pleading for the officials to answer some questions including what has the province done, if any, on the issues of climate change, implementation of the Republic Act 9003 otherwise known as the Ecological Solid Waste Management Law and if there has been any measures adopted by the province to attract clean energy investors and several other questions relative to environmental protection.

According to the complainants, the provincial officials were supposed to deliver the documents requested by them within five days and 10 days to answer the queries as provided for in the R.A.9485.

However, the respondents did not give them the courtesy to answer their requests.

Despite that, Ramos and Cabrido gave them a chance by sending another request on July 31.

But until now they have not received any reply from the respondents, except some insulting words from a fellow lawyer, who is acting as the governor’s spokesperson.

“Respondent governor and her spokesperson even went to the extent of maligning the integrity and honor of the complainants through the published media, labeling them as ‘hypocrites’ and ‘publicity seekers’ and the complainants’ letters as ‘offensive’,” the complainants said.

The complainants said that the respondents’ refusal to give them access to the documents they have requested and neglecting to answer their queries they are liable for violation of the Section 11(A) of the R.A. 9485 which provide 30 days suspension without pay and mandatory attendance in values orientation program for first offense and three months suspension for the second offense.

The respondents could also be held liable for violation of Section 5(a) and (e) of the R.A. 6713 for not acting on the requests.

“Such uncalled for display of ‘arrogance of power’ is in deed appalling and appears intended to cow complainants to meek submission and silence citizens, had they not known their rights and the law,” the complainants said.

They also reminded the Capitol officials of the Constitutional provision that state that,” public officers must be at all times accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice.”

Ramos said that the complaint does not only serve as warning to public officials but educate them and the public as well. —/NLQ   (THE FREEMAN)