Martires recalls suspension of mayor, local execs charged under solid waste act

Lian Buan
Martires recalls suspension of mayor, local execs charged under solid waste act
‘The law is economically not feasible to be implemented especially by 5th and 6th class municipalities,’ says the new Ombudsman

MANILA, Philippines – New Ombudsman Samuel Martires has recalled the suspension of 9 mayors, 3 vice mayors, and 60 other local officials who were administratively charged with violating the Solid Waste Management Act.

The officials who come from Cavite, Bulacan, Bataan, Albay, Nueva Vizcaya, Palawan and Leyte, were earlier found guilty of gross neglect of duty for failing to close open dumpsites in their towns and municipalities, contrary to the Solid Waste Management law.

The suspension orders were signed by former Ombudsman Conchita Carpio Morales, and some of them had already been forwarded to the Department of the Interior and Local Government (DILG) for implementation.

“In view of the ongoing review of the Office of the Ombudsman of all environmental cases, the decision is hereby recalled. As such, the order suspending from the service without pay for one year is withdrawn,” said the separate orders signed by Martires on different days in September.

The first set of suspension recalls may not be the last as Martires said he will review all environmental cases, which were handled by the environmental Ombudsman, the brainchild of Morales. (READ: Ombudsman Martires: I’m not out to please)

One of the mayors spared from suspension is Trece Martires Mayor Melandres Desagun, who has been sued for murder at the Department of Justice (DOJ) for the killing of vice mayor Alexander Lubigan.

Review of the law

Martires also called on Congress to review the law, for not being “economically viable” especially for poor municipalities.

“To close an open dump site, a 5-hectare open dumpsite, you need at least P13 million. P13 million is a lot of money insofar as fifth and sixth class municipalities are concerned,” Martires told reporters on Monday, September 24.

Martires said that initial data shows him that local government units need at least P50 million to build the law-mandated sanitary landfills.

“If this happens, baka wala na matirang mayor o vice mayor sa mga fifth class and sixth class municipalities dahil sa kawalan ng pera to close an open dumpsite (there will be no more mayor or vice mayor left from 5th or 6th class municipalities because of the lack of funds to close an open dumpsite),” said Martires.

The orders make no mention of a legal basis for the Ombudsman’s authority to recall a previously signed order.


This adds to the list of new policies by Martires seen by critics as favoring respondents.

Martires earlier issued an order that Ombudsman prosecutors should no longer file for suspensions against officials criminally charged before the anti-graft court Sandiganbayan.

The Sandiganbayan is empowered to suspend the officials without any motion from the Ombudsman.

The Ombudsman, meanwhile, is authorized to suspend or dismiss officials whom it will find guilty of administrative charges, just like the mayors in the said environmental cases.

Martires also earlier announced that he would order the termination of all fact-finding investigations that are not completed within a year.

Criticism 

Martires brushed aside criticisms, and is being consistent with his vision from the very start that the Office of the Ombudsman under him will not engage in witch hunts.

“This is a basic constitutional right of every accused. So kung sasabihin nila na may pinapaboran ako, wala akong magagawa sa makakati ang dila dahil sinasabi ko naman maraming tao na pinanganak sa o pinaglihi sa sama ng loob,” said Martires.

(If they’ll say that I’m favoring someone, I can’t do anything about those people who always have something negative to say, because there really are many people born angry.)

Martires added: “Hindi na bale punahin ninyo ako araw-araw. At the end of the day you will realize na ako ang tama at kayo ang mali.” (I don’t mind if you criticize me every day. At the end of the day you will realize I’m right, and you’re wrong.)

Here are the lists of local officials spared for now from suspensions:

Tabaco City, Albay

  1. Mayor Cielo Krisel Lagman-Luistro
  2. Vice Mayor/Former Councilor Nestor Tabinas San Pablo
  3. Former Vice Mayor Reynaldo Being Bragais
  4. Sangguniang Panglungsod (SP) member Luis Renir Boneo Burce
  5. SP member Lourdes Belangel Berces
  6. SP member Oscar Reamico Rocha
  7. SP member Sheina Marie Collantes Onrubia
  8. SP member Raul Roi Bequio Borejon
  9. SP member Celso Bertumen Aytona
  10. SP member Julio Castilla Azada Chua Jr
  11. Community Environment and Natural Resources Officer (CENRO) Anselmo Quiambao Cerdiño

Polangui, Albay 

  1. Mayor Cherilie Sampal
  2. SP member Jesciel Richard Salceda
  3. SP member William Buendia Jr
  4. SP member Edgar Arbo
  5. SP member Edna Siguenza

Daraga, Albay

  1. Mayor Gerry Jaucian (deceased)
  2. Sangguniang Bayan (SB) member Joey Marcellana
  3. SB member Salvador Llamasares
  4. SB member Neil Montallana
  5. SB member Juanito Comia
  6. Environment and Natural Resources Officer (ENRO) Henry Jacob

Bambang, Nueva Vizcaya

  1. Mayor Flaviano Dizon Balgos Jr

Kawit, Cavite 

  1. SP member Angelo Emilio Aguinaldo
  2. SP member Armando Bernal
  3. SP member Gerardo Jarin
  4. SP member Jessica Peñaloza
  5. SP Edward Samala Jr
  6. Municipal Environment and Natural Resources Officer (MENRO) Galicano Columna

Silang, Cavite

  1. Mayor Emilia Lourdes Poblete
  2. SP member Adel Paul Belamide
  3. SP member Ferdinand Amutan
  4. SP member Luis Batingal Jr
  5. SP member Nestor Patawe
  6. SP member Allan Tolentino
  7. SP member Ronilo Doneza
  8. SP member Luciano De Jesus Jr
  9. MENRO Merlina Cabrera

Trece Martires, Cavite

  1. Mayor Melandres De Sagun
  2. Vice Mayor Alexander Lubigan (deceased)
  3. SP member Denver Penus Colorado
  4. SP member Rona Araracap Bago
  5. SP member Mark Albert Montehermoso
  6. SP member Carlito Garcia Aure
  7. SP member Venancio Magtalas Gatdula
  8. SP member Romeo Alberto De Sagun
  9. SP member Jhon Kester Aldrin Ramos Anacan
  10. SP member Angelito Magnate Villanueva
  11. SP member Lamberto Bertudez Lubigan
  12. CENRO Pedro Amulong Mercado

Paombong, Bulacan

  1. SP member Arnaldo Mendoza
  2. SP member James Jester Santos
  3. SP member Zoilo Estrella Galman
  4. MENRO Marciana Tanghal

Abucay, Bataan 

  1. Mayor Ma Kristine Dela Fuente
  2. SP member Rolando Ambrosio
  3. SP member Edwin Bernales
  4. SP member Jayson Marcelo
  5. SP member Arturo Mungcal

Rizal, Palawan 

  1. Mayor Norman Ong
  2. SP member Wilfredo Taba
  3. MENRO Jerry Calamba

Bato, Leyte 

  1. Mayor Nathaniel Gertos
  2. Vice Mayor Roderick Rances
  3. SB member Rico Aureo
  4. SB member Gilbert Buzon
  5. SB member Cresenciano Avila
  6. SB member Bryan Nile Gertos
  7. SB member Marissa Rojas
  8. SB member Giovanne Gomez
  9. MENRO Glenn Eduardo Calungsod

– Rappler.com 

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Lian Buan

Lian Buan covers justice and corruption for Rappler. She is interested in decisions, pleadings, audits, contracts, and other documents that establish a trail. If you have leads, email lian.buan@rappler.com or tweet @lianbuan.