Seven NHA officials cleared of graft raps

CEBU, Philippines - Seven officials of the National Housing Authority charged with graft and corruption and violation of the Urban Development and Housing Act were absolved by the Office of the Ombudsman-Visayas for lack of evidence.

Graft investigation and prosecution officer Rheia Tibon found no evidence that the respondents, Gavino Figuracion, project manager; Higino Adille, principal engineer; Grace Solis, community relations chief; Helen Arevalo and Gloria Ambray, estate management supervisors; Elena Galeon, senior community relations officer; and Hermes Jude Juntillo, senior engineer, are guilty of the charges.

“Respondents only acted within the scope of their duties and responsibilities,” the anti-graft office ruled.

The respondents were accused by Violeta C. Noel of serious illegal detention, grave threats, grave coercion, violation of domicile, physical injuries, and malicious mischief for causing the demolition of her house without an order from the court.

Noel claimed that she built a house on a lot she bought from the NHA consisting of 195-square meters. But on December 8, 2009, a portion of her house was destroyed by the respondents without court order allegedly to provide a right-of-way to a certain Enrico Yutico.

The alleged “illegal demolition” had caused her property damage amounting to P300,000 and injuries to her family.

Noel charged the respondents for violations of the Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and R.A. 7279 otherwise known as the Urban Development and Housing Act.

“The demolition was effected only after proper demand and several notices were issued to Noel with respect to the excess portion of the structure occupied by her. Certainly, Noel failed to support her bare allegation of undue injury,” the anti-graft body’s resolution read.

The respondents said that Noel violated the occupancy rules and regulations of the project as incorporated in the contract to sell by way of encroaching 1.50 meter of the right-of-way allotted for another project beneficiary.

 According to the respondents, they brought the issue before the Barangay Hall of Punta Princesa in Cebu City but no settlement was reached because Noel did not cooperate.

 The complainant was issued a notice of violation and requested her to dismantle the structure that encroached into the portion intended for right-of-way. But Noel ignored the notice, prompting them to carry out the demolition on Dec. 8, 2009.

“The demolition was valid and legal. Proper procedures were followed and there was no undue injury caused to any party,” the respondents said.

The demolition was in pursuant to Sec. 2 of Presidential Decree No. 1472 because Noel was already considered an “illegal occupant with respect to the excess portion she used as part of her structure.”

“The NHA shall have the power to summarily eject, without the necessity of judicial order, any and all squatter’s colonies or government resettlement projects, as well as, any illegal occupant in any home lot, apartment or dwelling unit owned or administered by it,” the law states. (FREEMAN)