Ombudsman vows to protect IP rights after suspending Puerto Princesa exec

MANILA, Philippines — The Office of the Ombudsman reaffirmed its commitment to safeguard the rights of indigenous cultural communities against unlawful and improper government operations, following a ruling that penalized a Puerto Princesa City environmental official for bypassing required indigenous clearances in a river dredging project.

In a statement on October 7, Ombudsman Jesus Crispin Remulla cited the agency's decision finding Carlo Benitez Gomez, Department Head II of the Puerto Princesa City Environment and Natural Resources Office (CENRO), administratively liable for Conduct Unbecoming of a Public Officer.

Gomez was meted a penalty of one-year suspension without pay.

Should the suspension no longer be enforceable due to separation from service, the penalty will be converted into a fine equivalent to six months of his salary.

The case stemmed from a complaint filed by the leadership of Sambayaang Tagbanua kat Barangay Simpokan Inc. (STBSI), representing part-owners of an ancestral domain belonging to the Tagbanua Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) in Brgy. Simpokan, Puerto Princesa City.

In 2022, local barangay officials passed a resolution for the rehabilitation and dredging of the Malinao River to mitigate flooding following Typhoon Odette.

Serving as technical secretariat of the City Mining Regulatory Board (CMRB), Gomez issued a clearance to proceed with the project, which allowed the rehabilitation contractor to receive 6,000 cubic meters of surplus gravel extracted from the river to offset operational costs.

STBSI strongly opposed the project, citing a lack of proper consultation, the desecration of their ancestral waters, and a direct violation of Section 59 of Republic Act No. 8371, or the Indigenous Peoples' Rights Act (IPRA) of 1997.

In its decision, the Ombudsman held that Gomez issued the project clearance prior to obtaining the required Certification Precondition from the National Commission on Indigenous Peoples (NCIP) and without waiting for final approval from the CMRB.

“Gomez's act of issuing clearance to proceed without the required certification precondition from the NCIP and without waiting for the CMRB's approval is a deliberate transgression of rules or procedures as provided under the IPRA,” the Ombudsman’s ruling read.

“Gomez failed to observe professionalism and justness and sincerity so as to discourage wrong perception of his role as a dispenser or peddler of undue patronage. Such conduct or behavior is considered unbecoming of a public officer,” it added.

Meanwhile, participating barangay officials — including the former Barangay Captain, seven councilors, and the Sangguniang Kabataan chairman — were cleared of administrative liability, as their involvement was limited to passing a resolution regarding the river's overflow.

Remulla issued a warning to public officials to strictly adhere to laws protecting indigenous rights, emphasizing that the anti-graft watchdog will continue to act against illegal and unjust acts affecting IP communities.