SC directs Ombuds: File case vs captain

CEBU, Philippines — The Supreme Court (SC) has directed the Office of the Ombudsman-Visayas to file before the court a criminal case against a barangay captain in Lapu-Lapu City over illegal exactions.

"Public respondent Office of the Ombudsman-Visayas is directed to file before the proper court the necessary information for violation of Article 213(2) of the Revised Penal Code against private respondent Lucresia M. Amores," read the decision.

Earlier, Carlos Reynes, manager of Blue Reef Beach Resort Cottages and Hotels in Barangay Marigondon, Lapu-lapu City, Cebu, filed a petition before the SC, after the Office of the Ombudsman dismissed their complaints filed against Amores and councilwoman Maribel Hontiveros.

They sued them for illegal exactions and violation of Ecological Solid Waste Management Act.

Reynes alleged Amores collected increased monthly garbage collection fees amounting to P2,000 even without any ordinance or statute or any other regulation authorizing it's collection and despite the Lapu-lapu City already collecting its own garbage fees.

Before, Reynes said the barangay had been collecting P1,000 monthly as garbage collection fees.

However, the Office of the Ombudsman dismissed the complaint for failure of Reynes to present an ordinance on garbage fees. It added that it lack evidence that Amores demanded payment of sums different from or larger than authorized by law.

Reynes filed a motion for reconsideration but denied.

Hence, a petition for certiorari was filed before the SC.

The SC, in its decision, found probable cause against Amores and not of Hontiveros for illegal exactions.

"Unlike private respondent Amores, this court finds no probable cause to indict private respondent Hontiveros for illegal exactions. By petitioner's own allegations, private respondent Hontiveros' involvement arose only after the June 1, 2014 incident when the resort was supposed to have allowed her entry only after presenting an identification card," read the decision. (FREEMAN)