Resolution
Summary
and Comments
Linis Gobyerno, Inc.
OFFICE ADDRESS:
G/ F, PCEC Bldg.,
Happy Homes, Campo Sioco, 2600 Baguio
City, Philippines
Tel./Fax
No. (074) 620-0641 / 448-0645
Mobile Phone Numbers (0919)
5890486 /
(0917) 6620374
December 19, 2001
HON. ANIANO DESIERTO
Ombudsman
HON. JESUS GUERRERO
Deputy Ombudsman for Luzon
Thru: ROMEO TAN, Director, OMB-CCB
Gentlemen:
The undersigned, in behalf of Linis Gobyerno, Inc., a Baguio-based
anti-graft group, duly registered with the Securities and Exchange Commission as
a non-stock, non-profit organization, and an accredited Corruption Prevention
Unit (CPU) of the Office of the Ombudsman (OMB), would like to transmit to your
office related documents and information on what we believe is a gross violation
of law, when an Environmental Compliance Certificates (ECCs) were issued to 4
packages of the controversial Baguio Circumferential Road Project. We believe
that the following public officials have violated RA 3019 or the Anti-graft and
Corrupt Practices Act, grave abuse of authority, among other violations of law:
Atty. Roquesa de Castro, Regional Executive
Director (RED) of DENR-CAR, with office address at DENR-CAR Regional Office,
Diego Silang, Baguio City and
Frederick J. Villanueva, Regional Director of
the Environment Management Bureau (EMB) of the DENR, with office address at
EMB, DENR Compound, Pacdal, Baguio City
As a background, the Baguio Circumferential Road is a P300-M
project of then President Joseph Ejercito (Estrada). It is composed of 14
packages. The project entails, among others, widening of existing roads, new
road openings, construction of bridge. It is implemented by the Baguio City
District Engineering Office (BCDEO), under the supervision of the DPWH-CAR.
Early this year, BCDEO has already given notices to proceed to the
respective contractors, and has released the required 15% mobilization fee.
Upon scrutiny of the project documents, Linis Gobyerno discovered
that DPWH-BCDEO started implementing the project without the requisite ECC,
which prompted the group to file a TRO (with the DENR-CAR, EMB, DPWH-CAR,
DPWH-BCDEO and E.A. Flores Construction as respondents) which was granted by
Baguio RTC Branch 7. Lately, the group has filed a case for Permanent Injunction
(with the DENR-CAR,. EMB, DPWH-CAR, DPWH-BCDEO and all the 14 contractors as
respondents) which is still pending at Baguio City RTC 7.
Due to the groups vigilance, a Cease and Desist Order (CDO) was
issued by EMB-CAR Regional Director and the DPWH-CAR to all the contractors and
the DPWH-BCDEO, which up to this writing, we believe is still in effect, since
to day, we have not seen nor have been provided with the lifting of the CDO.
However, this CDO was and is being grossly violated by the contractors, with the
EMB-CAR Regional Director not doing anything about it. This has led to a
complaint filed by Linis Gobyerno against Dir. Fredrick Villanueva to the OMB,
docketed as OMB-1-01-0773-H and OMB-ADM-1-01-0432-H, which up of this writing is
still pending.
Recently, the DENR-CAR has issued ECCs for 4 packages of the
project. This is despite the pending case of injunction, in which Atty. de
Castro is fully aware of, being one of the respondents. The ECC also violates
the Memorandum of then EMB Director Peter Anthony A. Abaya that a full blown
Environmental Impact Assessment (EIA) for the project must first be conducted.
This Memorandum is still in effect as the present Director (Julian Amador) has
not issued any note/order overriding the same.
The action of Atty. de Castro, and Mr. Villanueva of
indiscriminately issuing ECCs for four packages without required study goes
against their sworn duty to protect the environment. The act, to say the least,
is a mockery of the rules of DENR, more particularly the Procedural Manual for
DAO 96-37 (salient point to follow).
Linis Gobyerno was not remains in its civil obligation of
monitoring the project, making sure that all documents will be done right, and
that the project will be implemented properly. The group has been constantly
going around the project site to monitor the going-on, and has been constantly
informing the DENR (EMB, RED, and even Central Office) of our observations and
positions. This, time, it is observed that despite the vigilant monitoring, the
above-named DENR Officials chose to ignore the rules, and the points and issues
being raised by the lead oppositor (Linis Gobyerno), and went to issue ECCs.
We are therefore seeking the assistance of the OMB, to conduct a full-blown
investigation, fact finding and case building. We are attaching
photocopies of documents which you may find necessary in your investigation.
Original copies (or certified photocopies) are in our possession and ready to be
presented to your office. For other documents or information, please feel free
to get in touch with us. We are optimistic that after full blown investigation,
this honorable office will find probable cause to file the corresponding
charges.
We believe that the OMB does not tolerate government officials who
are not doing what they are mandated to do.
We are therefore transmitting to your office six (6) sets of the
following documents (together with this 4-page letter), duly marked as Annexes,
and made an integral part hereof:
Annex A The Project Map
Annex B Letter of Linis Gobyerno addressed to EMB dated
January 25, 2001
Annex C Letter of Linis Gobyerno addressed to EMB dated
February 1, 2001
Annex D Letter of Linis Gobyerno addressed to DENR RED
dated February 5, 2001
Annex E DENR Memo dated February 14, 2001
Annex F DENR Notice of Technical Conference and Cease and
Desist Order, addressed to DPWH-CAR
Annex G DPWH Notice/Memo re: temporary suspension of work
Annex H Portion of Feasibility Study Report on the
Circumferential Road
Annex I Portion of Final Report on Baguio (Urban BLIST)
by NEDA
Annex J Proposed Resolution authored by Councilor Robeto
Ortega
Annex K Proposed Resolution authored by Councilors Betty
Lourdes, Elmer Datuin, Jess Tabora, Delfin Balajadia, Leandro Yangot, and Lilia
Yaranon
Annex L Letter of Linis Gobyerno to all contractors dated
March 2, 2001
Annex M Photocopy of assorted photos (trees cut and
damaged environment)
Annex N TRO issued by RTC Branch 7
Annex O Memorandum from the EMB Director dated March 5,
2001 stating among others that IEE checklist is not sufficient to address
critical environment concerns, and that full-blown EIA for the entire project
must be conducted.
Annex P Amended Complaint/Petition (Civil Case No.
4869-R)
Annex
Q Letter of Linis Gobyerno to Hon. Sec. Heherson Alvarez dated July
13, 2001 expressing opinion on the request of DPWH for exemption of EIS for
certain packages of the Baguio Circumferential Road Project
Annex R Letter of Linis Gobyerno to Hon. Sec. Heherson
Alvarez dated July 20, 2001, anent to the July 13, 2001 letter
Annex S Letter of Linis Gobyerno to COA-CAR Regional
Director, dated August 27, 2001 informing him of the contractors rampant
violation of the CDO issued by DENR.
Annex T Letter of EMB Director to Linis Gobyerno, dated
August 30, 2001, stating that IEE Checklist is not sufficient, further stating
that Regional Office is tasked to act on the ECC applications for the portions
of the project that entails rehabilitation works, and that the portions that
involve new road openings shall be required EIS.
Annex U Letter of DBM to Linis Gobyerno, dated September
10, 2001 informing that realignment of funds allocated for the project can no
longer be effected.
Annex V Letter of Linis Gobyerno to the EMB Director,
dated September 17, 2001 seeking further clarification on his August 30, 2001
letter.
Annex W 3rd Indorsement of DPWH CAR, dated
September 19, 2001 stating that progress payments for the contractors will cover
only the work accomplishment prior to the CDO.
Annex X 4th Indorsement of COA Field Auditor,
dated September 24, 2001 in response to the August 27, 2001 letter of Linis
Gobyerno addressed to COA Regional Director
Annex Y Certification of DPWH-CAR, dated September 24,
2001 stating that 15% advance payments were already given to the contractors,
including its attachment status report as of July 2, 2001
Annex Z Letter of Linis Gobyerno dated November 5, 2001,
addressed to EMB Regional Director, informing him of the blatant violation of
the CDO and the inaction of his office on the previous information regarding
same violations.
Annex AA Environmental Compliance Certificates for
packages I and IV of Eastern Link and packages VI and VII of Western Link, all
dated November 22, 2001, approved by Atty. Roquesa de Castro, RED, DENR-CAR.
Please be informed that 3 packages VI and VII of the Western Link involve new
road opening. Trees have already been cut at Package VI (without cutting
permit).
Annex BB Letter of Linis Gobyerno addressed to DENR-CAR
RED, Atty. de Castro, December 12, 2001, asking for copies of the supporting
documents which the ECCs were based, and also pointing out some concerns
regarding the issuance of the ECCs. Up to this writing, the DENR-CAR has not
responded to this letter yet.
Annex CC Letter of Linis Gobyerno to DENR Sec. Heherson
Alvarez, dated December 13, 2001, seeking for investigation on how and why the
ECCs for four packages were issued.
Thank you.
Respectfully yours,
(Ms.) Bing A. Dawang
Director
Noted by:
(sgd) Freddie J. Farres
Executive Director
Copy furnished:
: Hon. Alberto Romulo, Executive Secretary, Office of the President
: Hon. Julian Amdaor, Director EMB
: Hon. Simeon Datumanong, Secretary, DPWH
: Hon. Heherson Alvarez, Secretry, DENR
: LG Legal
SUBSCRIBED AND SWORN TO BEFORE ME this 20th day
of December, 2001 at Baguio City, Philippines. I further certify that I have
personally examined the above-named signatories and that they fully understand
the contents of this document and that they had voluntarily caused its
preparation in behalf of Linis Gobyerno.
(sgd) Asuncion Fikingas-Mandia
4th Assistant City Prosecutor
Baguio City