Cortes eyes politics behind cases

CEBU, Philippines —  Cebu sixth district Representative Jonas Cortes has questioned the timing of the filing of cases against him involving the alleged anomalous sale of a 3.5-hectare reclaimed land during his term as mayor of Mandaue City.

Cortes said the case on the alleged irregularities of the purchase of fire trucks was also filed before the Office of the Ombudsman prior to the barangay elections. He said his opponents are recycling cases against him now that the filing of certificates of candidacy for the 2019 elections is near.

 “The truth will come out and we will file our answer to these complaints when we receive copies and notice from the appropriate offices,” Cortes said.

The issue of fire truck started with a Commission on Audit (COA) investigation on the alleged irregularities in the procurement of the Tank Fire Fighting Vehicles. Cortes said the COA Notice of Suspension did not pertain to the procurement or price of the said firefighting vehicles but on the compliance of the supplier of the post purchase requirements, particularly the registration of the vehicles due to the additional requirements of the Department of Environment and Natural Resources for the Environmental Compliance Certificate.

 He said this Notice of Suspension has since been lifted after the supplier complied with the registration requirements in 2017.

On the lot sale, Cortes said the Deed of Sale executed by Mandaue City in favor of ECODEMCOR in 2015 is legal as the same is a contractual obligation of the city based on the provision of the Contract of Lease since the year 1980.  

He pointed out that this provision, which pre-dates the creation of the COA under the 1987 Constitution and the Local Government Code, essentially guarantees that the Lessee (ECODEMCOR) shall purchase the property from the Lessor (Mandaue City) at the expiry of the lease contract after subtracting from the purchase price the Cost of Development and Improvements on the Property.

The value of the property is based on the valuation the foreshore land under the DENR Administrative Order No. 99-34 or the Rules and Regulations Governing the Administration, Management and Development of Foreshore Areas, Marshy Lands and Other Lands Bordering Bodies of Water.

Cortes said the amount of P1,791,050 is not the only consideration since ECODEMCOR donated P42,764,950 worth of private road network, “as additional consideration” executed on the same day, which the city planned to acquire in connection with the implementation of its coastal road corridor to relieve the city center of the traffic congestion in the vicinity of Barangay Looc and will benefit thousands of Mandauehanons.

The Promise to Sell dated March 28, 2001 stating the P50 per square meter value based on the DENR Administrative Order 99-34 was authorized by the City Council through Resolution 144/2001.

The city is also authorized under its charter to dispose of foreshore lands under Section 94, Article XVII or RA 5519 otherwise known as the Mandaue City Charter.

According to a Philippine Star report Monday, two residents – Bernard Cabatingan and Analin Maquilan – are set to file this week a taxpayer’s complaint against the respondents before the Office of the Deputy Ombudsman for the Visayas.

The report said Cortes and the former City Council sold the property in Barangay Looc for P1,791,050 or a measly P50 per square meter when the land’s current market value is P12,000 per square meter or P429.8 million.

The complainants will also charge then vice mayor Glenn Bercede and former councilors Emmarie Dizon, Jose Jefferson Ceniza, Diosdado Suico, Editha Cabahug and the late Beethoven Andaya and Demetrio Cortes Jr.

Others are incumbent City Councilors Nenita Layese, Jimmy Lumapas, Elstone Dabon, Benjamin Basiga, and Association of Barangay Captains (ABC) President Ernie Manatad.—  FPL (FREEMAN)