Minglanilla mayor cleared of graft

CEBU, Philippines — The Office of the Ombudsman-Visayas has dismissed the anti-graft case filed against Minglanilla Mayor Elanito Peña for lack of probable cause.

Peña was accused of allegedly causing the transfer of the public market and has collected unreasonable fees from the vendors without being authorized by an ordinance.

Graft Investigation and Prosecution Officer III Jess Vincent Dela Peña found no evidence that would warrant the filing of violation of Section 3 (e), (f), and (g) of Republic Act 3019 or Anti-Graft and Corrupt Practices Act before the court.

“In a nutshell, the complainant’s sweeping statements against respondent cannot prevail over the documentary evidence submitted by respondent in his defense,” read the resolution.

Sherbie delos Reyes, a vendor in the public market at Ward III, said the municipality of Minglanilla constructed a new public market at Ward 1, Barangay Poblacion in 2012.  It was completed in 2014.

After the completion, they were advised to transfer to the new public market worth P150 million.

Before they could transfer, they were, however, required to secure another mayor’s business permit, barangay permit, and P5,000 down payment.

The stall’s price in the new public market reportedly range from P25,000 to P50,000 depending on the size of the stall. This is on top of their daily rental payment to the collector of the municipal.

Delos Reyes said they were forced to transfer after repeated notice. To their dismay, the new public market was not fully completed.

Together with the other vendors, they appealed to Peña to have a special consultation to no avail.

“Complainant concluded that respondent’s act of constructing a very expensive but poorly built public market has caused the public vendors undue injury and has given a private corporation unwarranted benefits, advantage or preference,” Delos Reyes stated.

She added that Peña had no authority for the creation and transfer of the public market to another location and that there was no ordinance granting the municipality through the mayor to collect such unreasonable fees.

Peña denied the allegations of delos Reyes.

Contrary to the statement of the complainant that the construction of the new public market was to pave the way for private businesses, the truth is that the old public market was utilized as office of the Bureau of Fire protection, the Minglanilla Traffic Commission and a portion is devoted as the municipality’s evacuation center, Peña said.

He added the vendors were required to secure a business permit only once a year.

With the foregoing, Dela Peña ruled in favor of Peña for the failure of the complainant to establish its case that indeed the former probably committed the crime. (FREEMAN)