Ombud orders suspension of San Fernando mayor

CEBU, Philippines - The Office of the Ombudsman-Visayas has suspended San Fernando Mayor Antonio Canoy for three months without pay for simple misconduct.

Graft investigation and prosecution officer II Maria Corazon Vergara-Naraja found sufficient evidence to hold Canoy and municipal engineer Simeon Lauronal guilty of the administrative case over the demolition of the house of Guillerma Bargasa.

“Wherefore, there being substantial evidence against respondents Canoy and Lauronal for simple misconduct, they are hereby meted the medium penalty of suspension from the service without pay for a period of three months,” the decision reads.

Bargasa alleged Canoy, Lauronal, barangay councilwoman Belinda Cosca, private secretary Rey Li Canoy, utility worker Mariano Balduman, barangay tanod Geronimo Villaroya, and job order employees Ricardo Namang, Mateo Nacua, Jr., and Jose Cañas were confederating with each other to demolish her house.

On September 23, 2011, she said that at around 9:15 a.m. she witnessed the demolition of her house by Cosca, Villaroya, Namang, Balduman, Nacua, and Cañas, though she did not receive any court order or  notice of demolition from the municipal government.

Aside from that, Bargasa added no relocation site was offered to her prior to the demolition of her house.

Lourdes Cadillero executed an affidavit to support the allegations of the complainant.

The respondents said Bargasa’s house was one of the three alleged illegal structures constructed on the gutter of Lumapas Street, a municipal road leading to the seashore.

They said the structures even encroached on the municipal road.

The respondents said the project to improve the road and create a sidewalk for the pedestrians, especially for schoolchildren, could not start because of the presence of the alleged illegal structures.

Lauronal said notices to vacate were sent to the owners, one of them was Bargasa, but still the owners still refused to vacate.

Mayor Canoy then issued an Executive Order dated September 8, 2011 ordering the demolition of the illegal structures pursuant to Section 444 (b) (3) (Vi) of Republic Act 7160 or the Local Government Code of 1991.

The illegal structures were demolished on September 21, 2011.

The respondents said the structure owned by Bargasa was illegal as it has no building permit and it encroached on a municipal road and was considered a nuisance.

“…respondents insisted that no court order is required prior to demolition since the illegal structure is considered a nuisance per se as it posed a  danger to pedestrians especially the schoolchildren who have no choice but to walk on the municipal road as there is no sidewalk,” the respondents stated.

The respondents added that complainant was given time and opportunity to voluntarily remove the structure but failed, thus the demolition was executed.

Bargasa, however, denied that she encroached on the municipal road. She added her house is not a nuisance per se.

With the foregoing facts, Naraja found out that there was no map or survey showing that the structure owned by complainant indeed encroached on the municipal road and considered nuisance.

“…there was no legislative act or ordinance issued by the Sangguniang Bayan from which respondent Mayor Canoy derived the authority to consider complainant’s house as a nuisance nor was there a determination from the court establishing that it is indeed such,” the decision reads, adding the summary demolition of  Bargasa’s house manifested a “blatant disregard” of her right to property.

Naraja held Mayor Canoy and Lauronal accountable while she dismissed the administrative case filed against Rey Li Canoy, Balduman, Namang, Nacua, Cañas, Cosca, and Villaroya for lack of merit.

Naraja directed the regional director of the Department of the Interior and Local Government-7 to implement the decision and to submit a compliance report.

The Freeman tried to contact Mayor Canoy but was not available as of press time.  (FREEMAN)