Forest destruction case vs Baguio rep under Sandigan

BAGUIO CITY -- Despite motions for reconsideration filed by Rep. Nicasio Aliping Jr., and public works contractors William Go and Romeo Aquino, the case filed against them and contractor Bernard Capuyan for forest destruction before the Sandiganbayan are under its jurisdiction.

Aliping lost to businessman Mark Go in Monday’s elections as congressman.

This was stated in a manifestation with motion to change the complainant filed with Deputy Ombudsman for Luzon Gerard Mosquera, concurrent environmental ombudsman, by the Department of Environment and Natural Resources – Cordillera Administrative Region last April 27.

“As anticipated, a motion for reconsideration from Respondents Congressman Nicasio Aliping Jr., and Romeo Aquino, through their counsel, Atty. Lauro Gacayan, was received by the DENR on April 19, 2016. On that same date, the DENR likewise received the motion for reconsideration filed by Respondent William Go, through his counsel Atty. Jaime Paredes Jr. As to date, there was no copy of a motion for reconsideration filed by Respondent Bernard Capuyan,” the DENR-CAR said.

“As regards the ground stated in the motion for reconsideration of Respondents Aliping, Aquino and Go that the acts punished by the Revised Forestry Code are not committed in relation to the performance of official functions like graft and corruption, does not involve graft and corruption and is not one cognizable by the Sandiganbayan… (and) should be filed before the ordinary courts having jurisdiction over the offense committed… (the) respondents argument on this matter is patently erroneous, misplaced and unjustified. The averments of the complaint clearly show that the Sandiganbayan has jurisdiction and not the regular courts,” it said.

According to Section 4(a) of Republic Act 10660, which was approved on April 16 last year, and which is an act strengthening further the functional and structural organization of the Sandiganbayan, further amending Presidential Decree 1606, as amended, “the Sandiganbayan shall exercise exclusive original jurisdiction in all cases involving violations of Republic Act 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act; Republic Act 1379; and Chapter 2, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are officials occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the offence: (2) Members of Congress and officials thereof classified as Grade 27 and higher under the Compensation and Position Classification Act of 1989…”

“The violation of Sections 77 and 78 (of Presidential Decree 705 or the Revised Forestry Code) committed by Respondent Aliping fell squarely within the provisions of Republic Act 10660 considering (he) is the incumbent Representative of the Lone District of Baguio City and with Salary Grade 31. He is running for reelection for his second term as congressman. Thus, cognizable by the Sandiganbayan.

“The violation of Sections 77 and 78 of PD 705, which he allegedly committed, was made in relation to his office. It has been repeatedly stressed that all public officials and employees, from highest to the lowest rank and file must, at all times, act with strict propriety and decorum in order to maintain public trust and must conduct themselves in a manner demonstrating integrity, honesty and uprightness. The use of Respondent Aliping of the letterhead of the House of Representatives, with his official position as congressman, in reply to the letter dated May 15, 2014 of Mayor Florencio Bentrez of Tuba, Benguet hardly meets the foregoing standard. He took advantage of his office and position to strengthen his influence. Nothing in Respondent Aliping’s letter reply avers that the same is being made in his personal capacity as a private citizen,” the manifestation said.

“Respondent Aliping’s conscious and deliberate use of the letterhead of the House of Representatives clearly discloses his intention to use his official title or position. Being a lawyer, a councilor for quite a number of years and the present congressman of Baguio City, had he intended to act in his personal capacity, he should have been more circumspect and should not have used the letterhead of the House of Representatives. At the very least, Respondent Aliping should have indicated in his letter and communications that he was acting in his personal and private capacity. No disclosure or intimationto this effect was ever made such that the only conclusion was that, in using the letterhead of the House of Representatives in his communications, it was his intention to make known his position as congressman and therefore, acting in such public capacity,” the DENR-CAR said.