MANILA, Philippines — The National Bureau of Investigation (NBI) has filed graft and malversation charges against 24 local officials of Aklan, including the governor and vice governor, as well as the mayor and vice mayor of Malay town in connection with the alleged misuse of P84 million in Boracay funds.

Aside from the four executives, the NBI recommended the filing of similar charges against 17 members of the municipal council, the treasurer and the former mayor and vice mayor.

The complaint was filed before the Office of Ombudsman following an order from the Department of Justice to investigate possible violations of environmental laws in the world-famous resort island.

In a complaint dated Oct. 22, a copy of which was obtained by The STAR yesterday, NBI Director Dante Gierran submitted to Ombudsman Samuel Martires the results of their investigation into the alleged misuse of millions of pesos in environmental and admission fees (EAF) collected from tourists entering Boracay.

The fund was supposed to be allocated for the preservation of the island. ?Investigation showed the local government of Malay used the EAF to fund other projects like the solid waste management program of the entire municipality, which is composed of 17 barangays.

The EAF was supposed to be used only for the waste management program for three barangays located in Boracay. ?“The purpose of the collection was for the sustenance of the island of Boracay. It was compromised and violated when the mayor, treasurer, vice mayor and members of the Sangguniang Bayan of Malay allocated the EAF for the entire municipality,” the complaint read.

Named respondents in the complaint are Mayor Ceciron Cawaling and Vice Mayor Abram Sualog; Councilors Rowen Aguirre, Jonathan Cabrera, Esel Flores, Jupiter Gallanero, Leal Gelito, Natalie Paredes, Dante Pagsuguiron, Paterno Sacapaño Jr., Floribar Paredes, Danilo delos Santos, Julieta Aron, Gideon Siñel, Cristina Prado, Mateo Tayco, Roldan Casidsid, Niño de Sullan and Charlie Villanueva; municipal treasurer Dediosa Dioso and former mayor John Yap and former vice mayor Wilbec Gelito.

The complaint mentioned the governor and vice governor of Aklan, but did not specifically identify them as Gov. Florencio Miraflores and Vice Gov. Reynaldo Quimpo.

Cawaling was ordered suspended by the ombudsman on the eve of Boracay’s reopening.

The EAF, which collection started in 2006, was transferred from the province’s trust fund to the general fund in 2010.

The transfer violated local ordinances and the Local Government Code, which mandates that the trust fund should be used only for purposes for which it was created, the complaint said.

The NBI said the transfer of the funds deprived Boracay of the intended benefits, as its share in the EAF was “comingled” with the funds of the municipality and the province’s solid waste management program. ?The bureau also implicated the members of the Sangguniang Bayan for approving an ordinance defining the EAF as a special fund “exclusively for environmental and tourism programs and projects of of Malay,” although the rationale of the ordinance was to sustain Boracay as a premier tourist destination.

Meanwhile, the 15 percent share of the provincial government in the EAF has been “comingled” with the economic enterprise developmental department fund (EEDDF) since 2012.

The EEDDF, which is for the operation of the province’s tourism office, was also used to finance hospital operations, quarry service and an academic center.

“This makes the sitting governor, vice governor, the Sangguniang Panlalawigan and the provincial treasurer from 2006 to present liable,” the NBI said.

Missing P84 M

NBI probers found discrepancies in the EAF collections reported by the treasury, accounting and tourism offices from 2012 to 2017.

It said Malay treasurer Dioso understated the EAF account, which amount was lower than the reported collections of the accounting and tourism offices.

Dioso reported P562.37 million in EAF collections from 2012 to 2017, while the accountant reported P593.049 million, or a discrepancy of P30.679 million.

“The discrepancy indicates that the municipal treasurer kept and converted for personal use the allegedly diverted fund,” the NBI said.

Probers noted a glaring difference between the records of the treasurer and the EAF collections based on the number of tourists recorded.

They said the municipal tourism office reported P650.23 million, which was computed by multiplying the P75 environmental fee with the number of tourists, less discount of senior citizens and students.

The NBI computation showed an P84.86 million discrepancy between the treasurer’s reported EAF collection and the tourism office’s report.

“It is mandatory for all tourists entering the island to pay the EAF. With the discrepancy, the only logical conclusion is that the amount was collected but was not reported correctly,” the NBI said, adding Dioso did not explain the discrepancy, but admitted being aware of it.

The NBI found Cawaling and Dioso liable for failing to act on the adverse audit findings.

It said the officials’ repeated delay and failure to deposit the collections and account for the funds provided an opportunity for fraud and corruption.

Eyed for closure

Meanwhile, the interagency task force to protect and preserve Boracay is targeting to shut down irresponsible tourism establishments in El Nido, Palawan to avoid a repeat of what happened in Boracay.

Tourism Secretary Bernadette Romulo-Puyat said they would be compelled to order the closure of establishments that do not comply with environmental laws and ordinances.

Noting her recent visit to El Nido, Puyat said she was saddened to see that the laws and ordinances on easement were not strictly followed, including the drinking and smoking ban on the beaches.

Puyat said they informed the local government on the violations committed by some tourism stakeholders through a letter dated Sept. 18. – With Robertzon Ramirez