Osmeña, 44 others told to answer raps

CEBU, Philippines — Finding enough basis to proceed with the formal criminal and administrative investigation, the Office of the Ombudsman Visayas has ordered former Cebu City mayor Tomas Osmeña and 44 others to answer the complaint over the “malicious demolition” of the mayor’s office.

Deputy Ombudsman for the Visayas Paul Elmer Clemente ordered the respondents to submit their reply-affidavit within an inextendible period of 10 days from receipt of the order.

“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,” reads Clemente’s order.

Clemente said that 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 reinvestigation are prohibited pleadings and will be stricken off the records of the cases.

The respondents are asked to indicate their full name, salary grade, actual designation or position, and residential address in their counter-affidavits.

Osmeña’s lawyer, Atty. Amando Virgil Ligutan, said the Ombudsman has already dropped the administrative case against the former mayor and other respondents who are no longer in public office.

“We welcome this development as this gives us the opportunity to answer the unfounded allegations in the proper forum,” Ligutan told The FREEMAN.

Ligutan said the city legal office is “unaware of the rule” that you can no longer file administrative charges once the public official is already out of office.

The case stemmed from a complaint filed by Mejelito Cajes of the city’s Building Maintenance Services last month. He accused the respondents of removing 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.

Cajes said the “malicious demolition” 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.

He accused Osmeña and 44 other respondents of violating 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.

Aside from Osmeña, the other 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 former 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 assigned at the executive building.

Dakay owns the construction firm whose workers stripped the mayor’s office of all furnishings before Osmeña vacated his post. (FREEMAN)