Mayor of Naga, Cebu cleared of graft

MANILA, Philippines — Mayor Valdemar Chiong of Naga City in Cebu has been cleared of graft in connection with a business permit he issued to a supposed unqualified business establishment in 2014.

In a decision promulgated on Dec. 4, the Sandiganbayan’s Sixth Division said the Office of the Ombudsman failed to present any evidence to prove Chiong’s guilt for violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

“There was no evident bad faith, manifest partiality or gross inexcusable negligence on the part of Chiong when he issued a conditional mayor’s permit,” the court said in its ruling.

Section 3 (e) of RA 3019 prohibits a public official from giving unwarranted benefit, advantage or preference to a private party or from causing any party, including the government, undue injury.

Filed by the ombudsman in 2018, the case stemmed from Chiong's issuance of a conditional business permit to Petronas Energy Philippines Inc. despite the firm’s supposed lack of a fire safety inspection certificate (FSIC) from the Bureau of Fire Protection.

The ombudsman noted that under the Fire Code no business permit shall be issued without securing an FSIC from the BFP.

In its decision, the sixth division said the BFP in Naga issued an FSIC to Petronas dated Nov. 4, 2013, which was valid for one year.

The court said the defense panel sufficiently explained that Petronas failed to attach the certificate in its application for a business permit while the BFP in Naga failed to inform Chiong's office about the certificate and its one-year validity.

“The BFP’s twin failure in his regard cannot be blamed on Chiong who eventually issued the conditional mayor's permit... What is important here is that Petronas had a valid FSIC when it applied for the renewal of its business permit,” the court ruling read.

The BFP had no adverse report or recommendation against Petronas concerning Fire Code violations, the sixth division added.