Suspension ordered for DENR official in Vizcaya

BAYOMBONG, Nueva Vizcaya - The Office of the Ombudsman has directed the environment department to suspend its Nueva Vizcaya provincial officer for one month after he allegedly attempted to facilitate the sale of forest land to a mining company. Robert Apigo, Provincial Environment and Natural Resources Officer (PENRO), was ordered suspended after he reportedly violated Republic Act 6713, also known as the Code of Conduct and Ethical Standards for Public Officials and Employees. However, the Didipio Earth Savers Multi-Purpose Association (DESAMA), an anti-mining group based in Kasibu, Nueva Vizcaya, said additional penalties should be imposed against Apigo for other violations as well. This was contained in a motion for reconsideration submitted to the Ombudsman dated June 3, 2010 filed by DESAMA’s lawyers. DESAMA is associated with the environmental group Legal Rights and Natural Resources Center-Kasama sa Kalikasan / Friends of the Earth (LRC-KsK/FoE-Phils.) The group’s lawyers said that Apigo also reportedly violated the Civil Code of the Philippines and the Republic Act 3019, also known as the Anti-Graft and Corrupt Practices Act. An earlier complaint was filed against Apigo by the LRC-KsK/FoE-Phils., alleging that he committed grave misconduct in the performance of his duties. In its letter-complaint to the Ombudsman, the LRC — through its counsels Francis Joseph Ballesteros and Mary Grace Ellen Villanueva — said that Apigo sent a Notice of Violation and Summons to some members of DESAMA. The summons were received by Pedro Apilis, Jose Buya, Arnold Buya, John Paul Cut-ing, Peter Duyapat, Robin Inlab and Jaime Ananayo who were charged with Unlawful Occupation of Forest Lands. The notice specified that they were required to personally appear before the PENRO and the failure to do so will waive their right to be heard at the administrative level. During their supposed hearing, the complainants said they were surprised to see that representatives from the Australasian-Philippines Mining Inc. (APMI) were also present and that Apigo reportedly said that the “hearing" will instead be an “administrative dialogue." The said dialogue turned out to be for discussing the sale of the complainant’s land to APMI which was said to have proposed by the latter and was allegedly accommodated by the PENRO, the complainants said. The incident has prompted lawyers of LRC to file a case against the environment officer for violation of provisions in the Civil Code, in allegedly attempting to facilitate the sale of the complainant’s land to a corporation, and provisions in RA 6713 for threatening the complainants to attend a proceeding which turned out to be different from what was stated in the summons. Moreover, the lawyers added that the Revised Forestry Code does not allow the PENRO to conduct a hearing or an “administrative dialogue." For his defense, Apigo cited that the complainants actually violated the law for occupying lands classified as forest or timberland and for failing to show proof of ownership. He has since sought the dismissal of the case. He has also been unavailable for comment while his staff kept mum regarding the implementation of his suspension order. However, an insider who refused to be named has confirmed that an officer-in-charge has already been assigned and that Apigo’s continued presence at the office has raised some questions whether he is violating the Ombudsman’s order. - Floro M. Taguinod/RJAB Jr., GMANews.TV