Ombudsman hands down dismissal order vs. Alamada mayor, officials over hydropower permits in protected area

The Office of the Ombudsman has released its decision ordering the dismissal of Alamada, North Cotabato Mayor Jesus “Susing” Sacdalan after finding probable cause for Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service over the controversial approval of permits for a hydropower project inside a protected forest reserve.

The ruling, which was signed by acting Ombudsman Dante Vargas on October 7, resolves the complaint filed in February 2024 by Cotabato Governor Emmylou “Lala” Talino-Mendoza, against Sacdalan and several barangay officials and Protected Area Management Board (PAMB) members for endorsing project clearances despite glaring violations of environmental and regulatory requirements.

At the center of the cases are three questioned PAMB issuances:

• PAMB Resolution No. 08 (Series of 2023) – granting Euro Hydro Power (Asia) Holdings Inc. an updated clearance to increase its power capacity and expand land use;

• PAMB Resolution No. 12 (Series of 2023) – authorizing temporary operation of the hydropower plant within the reserve;

• PAMB Resolution No. 10 (Series of 2023) – giving DPWH Region XII omnibus clearance for a road project encroaching on a Strict Protection Zone.

These clearances pertained to developments inside the Libungan River Watershed Forest Reserve, a designated protected area.

According to the Ombudsman, meeting minutes revealed that multiple red flags were raised before the approvals including the absence of a tree inventory, lack of cutting permits, encroachment into restricted zones, no clear compensation plan for communities, and the company’s failure to secure a Special Use Agreement in Protected Areas (SAPA).

Despite this, officials allegedly voted to push the clearances through.

The decision emphasized that these irregular approvals not only breached environmental laws but also compelled various agencies to “spend additional public resources” to correct the violations, including issuing cease-and-desist orders and suspending project activities.

As a result, the Ombudsman imposed the penalty of dismissal from service, perpetual disqualification from government employment, forfeiture of retirement benefits, and other accessory sanctions on Sacdalan and several barangay officials from Alamada and Libungan.

Meanwhile, DENR-12 Regional Director and PAMB chair Atty. Felix Alicer was cleared, with the Ombudsman noting that his signature was a ministerial act following the majority vote of the board.

The Ombudsman further ruled that the improper approval of clearances for proponents who failed to meet legal prerequisites constitutes a violation of the Anti-Graft and Corrupt Practices Act, sufficient for indictment under Section 3(j) of RA 3019.

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