Cortes asked: Answer Ombuds plaints

CEBU, Philippines — The Office of the Ombudsman-Visayas has ordered Sixth District Representative Jonas Cortes and four others to file their respective answers to the accusations filed against them over the alleged sale of the 35,821-square-meter foreshore lands of the Mandaue City government to a private entity.

Abner Quiño and Emmanuel Espiritu II had filed in 2018 an anti-graft case for plunder and conduct prejudicial to the best interest of the service, grave misconduct against Cortes, who was then the mayor of Mandaue City, former vice mayor Glenn Bercede, City Councilor Nenita Ceniza-Layese, former city councilor Diosdado Suico, and former legal officer Giovanni Tianero.

Mandaue City allegedly entered into a contract with the E.C. Ouano Development and Management Corp (EDEMCOR) which was disadvantageous to the government.

Deputy Ombudsman for the Visayas Paul Elmer Clemente directed Cortes and others to file their counter-affidavit and other controverting evidence to negate the allegations filed against them.

“Finding enough basis to proceed with the criminal/administrative investigation of the aforementioned cases, above-named respondents are hereby ordered to file their counter-affidavit and other controverting evidence…strictly within 10 days from receipt hereof,” read the order.

Quiño and Espiritu, both residents of Mandaue City, alleged that in 2001, former mayor Thadeo Ouano executed a promise to sell to Ernesto Ouano, Sr. who wanted to purchase the reclaimed land of the City of Mandaue with an area of 35,821 square meters.

Allegedly, the promise to sell has no factual and legal bases and is therefore not valid and binding to the local government of Mandaue City, said the complainants.

On September 18, 2015, Cortes allegedly executed a Deed of Absolute Sale of the 35,821 square meters foreshore land of the city government in favor of ECODEMCOR at a “ridiculously low price of P50 per square meter for a total consideration of a measly P1,791,050.”

Lawyer Jamaal James Calipayan, the chief of staff of Cortes, told The FREEMAN that their camp had received the order and on the process of complying.

“We are aware of the order and we are on the process of complying (with) it. It is a matter of course and due process that the Office of the Ombudsman will afford the respondents’ side an opportunity to answer to the allegations in their complaint. As far as we are concerned, we have been waiting for this chance to formally respond to the allegations in their affidavits,” he said.

Clemente also ordered the camp of Quiño and Espiritu to file their reply-affidavit within an inextendible period of 10 days from receipt of the counter-affidavit.

“Failure to comply as herein directed within the period prescribed by the rules shall be deemed a waiver of the right to present the party’s counter-affidavit or reply-affidavit and the investigation shall proceed according to existing rules,” the order dated April 5 read.

Motion to dismiss or bill of particulars, and dilatory motions including, but not limited to, motions for extension of time, second motions for reconsideration and/or re-investigation are prohibited pleadings shall be stricken off the records of the cases, Clemente added. — GAN (FREEMAN)