by Miriam G. Desacada
Tacloban City–Administrative and criminal charges were filed at the Ombudsman-Visayas against former Ormoc City mayor Richard “Goma” Gomez, now 4th district representative of Leyte, for the following:
1) Corrupt practices (section 3e of Republic Act 3019), and
2) for grave misconduct, grave abuse of authority, and ignorance of the law due to alleged negligence in preventing various environmental transgressions in his road project.
Palompon Mayor Ramon Oñate filed the complaint on 06 September at the Ombudsman-Visayas office in Cebu City, and was received by Carla Michelle Chavez-Gonzaga, graft investigator and prosecution officer.
To this day, there has been no reports yet if Gomez already filed his response to the complaints or on what may be the progress of the case, so far.
Oñate said the basis of his complaint stem from the “controversial construction of the 2.8-kilometer network development project.”
This project, co-implemented by the DPWH-Region 8 office and the Leyte 4th District Engineering Office (DEO), was designed to “create a bypass/diversion road as an alternate route for travelers from Ormoc City to the towns of Merida, Isabel, and Palompon.”
The project, which came in two parts—Package A and Package B, was carried out by the Leyte 4th DEO. However, in the last quarter of 2018, the DENR-8 called on the DPWH-8 and the DEO “to stop cutting trees in the ongoing construction of the diversion road in Ormoc.”
DENR-8 Regional Executive Director Crizaldy Barcelo was quoted in a statement: “21 trees have been cut within the site of the road project’s two packages, covering an aggregate volume of 2.16 cubic meters. … construction works will uproot 16 mangrove trees (package A) and 196 trees (package B).”
Barcelo said the cutting of trees “was made even before the issuance of an Environment Compliance Certificate (ECC).”
The DENR-8 subsequently advised DPWH-8 and 4th DEO to stop the project without a DENR-approved ECC and tree-cutting permits, and appropriate clearances from authorities, “especially because the project site is within an environmentally critical area.”
Besides having no ECC, the diversion road project construction direly affected more than 200 mangroves and trees, as confirmed by the Leyte 4th DEO, said the Oñate complaint.
Section 99 of Chapter 6 of Article II of the RA 10654 (Fisheries Code of the Philippines) states “it shall be unlawful for any person to convert mangroves into fishponds or for any other purpose.”
Oñate, in his complaint, said then mayor Gomez “was fully aware with this violation since it was his office who issued the permits prior to the start of the construction of the diversion road.”
In a subsequent DENR-8 investigation, it averred that, despite the City Mayor’s administrative supervision over the project, Gomez did not act on it, and no corrective measures were undertaken to mitigate the issues of mangrove cutting.
Gomez should be held liable for violation of Section 3e of RA 3019, considering that he caused undue injury to the government and city residents—through evident bad faith—when he approved the construction of the diversion road allegedly “without the necessary DENR and local clearances,” stated Oñate.
Gomez, who as mayor has territorial jurisdiction over the project, knew there was lack of permits from national authorities yet he allowed the construction of the diversion project. His willful or intentional neglect or failure to discharge his duties as mayor was a “flagrant disregard of established rules,” the complaint said in explaining grave misconduct, grave abuse of authority, and dereliction of duty charges against Gomez.
For gross negligence, Oñate accused Gomez of “failing to act in a situation where there is a clear duty to act, yet conscious of the consequences and flagrant and palpable breach of duty.”
Onate then asked the Ombudsman to conduct a probe on the allegations, then file the criminal cases before the Sandiganbayan. He further asked the Ombudsman to impose administrative penalties, including perpetual disqualification from holding public office against Gomez. —Miriam G. Desacada