For ‘demolition’ of mayor’s office: Tom, 44 others sued

CEBU, Philippines — For causing “undue injury” to the city, former Cebu City mayor Tomas Osmeña and 44 others are facing criminal and administrative complaints before the Office of the Ombudsman for the “malicious demolition” of the mayor’s office.

Mejelito Cajes of the city’s Building Maintenance Services filed the complaints yesterday morning with the assistance of City Legal Officer Rey Gealon.

“We anchored our arguments on the premise that these properties are supposed to be protected considering that these properties are deemed properties of the government pursuant to Article 415 of the Civil Code, these are considered immovable properties already,” Gealon told reporters.

Cajes said Osmeña and 44 other respondents violated Section 3 (e) of Republic Act 3019 and Article 308 of the Revised Penal Code or Theft; Article 327 of the Revised Penal Code or Malicious Mischief; Article 4 (d) of Republic Act 6713; grave misconduct, grave neglect of duty, conduct unbecoming of a public official and conduct prejudicial to the best interest of the service.

Also named respondents are Paul Taboada, Francisco Fernandez, Ronald Malacora, Anna Ruby King, Cindy Montermoso, Jimpaul Saavedra, Venlentino Ontong, Jr., Lance Samuel Co, Edgardo Ong, Joebert Gio, Benjie Dolino, Pericles Dakay, and 32 workers of Dakay Construction and Development, Corp.

Malacora was head of the city’s general services office while King was an engineer at the city’s planning office. Montermoso, Saavedra, and Ontong were members of Osmeña’s staff. Co, Ong, Gio, and Dolino were security guards of the city government’s executive building.

Dakay is owner of Dakay Construction whose workers stripped the mayor’s office of all furnishings even before Osmeña vacated his post officially.

Cajes said the respondents removed the ceiling installations, cables and wires, tiles, floor and walls, pipes, toilet, lavatory, faucet, the Mayor’s Seal, and other fixtures attached to the immovable property owned by the city government.

This reportedly caused damage to the city amounting to P857,713.14 as stated in the program of works and estimates by the Department of Engineering and Public Works.

Cajes said Osmeña attempted to justify his actions by claiming that he spent P1 million from his personal funds and P1 million from donations to “transform” the eighth floor into his office when the City Council denied his request for a budget in 2016.

But receiving the P1 million donation, Cajes said, is a violation of the Code of Conduct and Ethical Standards for Public Officials and Employees.

Osmeña’s lawyer, Amando Virgil Ligutan, said they have documents to disprove the “malicious imputations” against the former mayor.

“On behalf of the respondent to the case, it is good that finally, Labella’s camp filed a complaint in court by the Ombudsman instead of parading the complaint in front of the media and the public. It’s good because respondents will be able to prove that the complaint filed against them is baseless and purely politically-motivated,” he told reporters.

Ligutan said the respondents will answer the complaints at the proper forum.

As this developed, Department of Interior and Local Government-7 Director Leocadio Trovela, Acting DILG City Director Ian Kenneth Lucero, and other officials of the department inspected the mayor’s office yesterday.

Trovela said the DILG central office has directed his office to conduct a fact finding inquiry into the incident to determine the charges the department can file against the officials responsible.

“We are actually accompanied by our Bantay Corruption office, part of the team that will investigate and do the fact finding,” he told reporters.

Lucero said the inquiry will include whether or not public funds were used to renovate the mayor’s office.

Mayor Edgardo Labella said he merely accompanied the DILG office in inspecting the office.

“We are under the administrative authority and supervision of the DILG because let us remember that all local government officials belong to the executive department of government and the alter-ego of the president is the DILG,” he said.

For now, Labella will hold office at the office of Osmeña’s former secretary. (FREEMAN)