THE Office of the Ombudsman has imposed a one-year suspension without pay on Nueva Ecija Gov. Aurelio Umali over administrative complaints about alleged irregular issuance of 205 quarry permits without the required environmental compliance certificate from the Department of Environment and Natural Resources.
In a 29-page resolution, the Ombudsman found Umali guilty of “conduct prejudicial to the best interest of the service” and simple misconduct for the issuance of the quarry permits from 2014 to 2016.
The one-year order was in accordance with Section 25(2) of Republic Act 6770 and Section 10(b), Rule III of Administrative Order No. 7 on the Rules of Procedure of the Ombudsman.
However, the Ombudsman dismissed for lack of merit the complaints against former governor Czarina Umali, provincial environment and natural resources officer Wilfredo Pangilinan, and Mines and Geosciences Bureau regional directors Danilo Uykieng, Lope Carino Jr., Samuel Paragas and Alilo Ensomo Jr.
Roberto Duldulao filed the administrative complaints against the respondents, claiming that 205 commercial sand and gravel quarrying permits (CSGPs) were issued to unqualified groups without ECCs from the DENR-Mines and Geosciences Bureau.
Duldulao claimed that the provincial government of Nueva Ecija was remiss in remitting the shares of the taxes to the local government units.
The anti-graft body brushed aside Umali’s defense that his issuance of the questioned permits were not motivated by a “premeditated, obstinate or intentional purpose.”
The state prosecutor ruled that respondent’s acts sufficiently constituted the offenses of conduct prejudicial to the best interest of the service and simple misconduct.
“He was remiss in his duty to ensure the enforcement and compliance with all laws, rules, and regulations within his jurisdiction,” the order stated.
It was noted that Umali simply required the quarrying applicants to submit a local environmental clearance certificate.
The Ombudsman asserted that Umali’s action was contrary to Republic Act 7942 or the Philippine Mining Act strictly requiring an ECC for any mining-related operation, including quarrying.
The decision was approved by graft investigation and prosecution officer III Leilani Tagulao-Marquez and recommended for approval by Assistant Ombudsman Pilarita Lapitan.
Ombudsman Samuel Martires through Deputy Ombudsman Dante Vargas approved the decision.
