Sandiganbayan dismisses charges against Radaza

CEBU, Philippines - The Sandiganbayan Second Division dismissed the anti-graft charges filed by businessman Efrain Pelaez against former Lapu-Lapu City mayor and now congressman Arturo Radaza over the demolition of a causeway in Barangay Agus four years ago.

The dismissal order, signed by Sandiganbayan chairman Teresita Diaz-Baldoz and concurred by Associate Justices Napoleon Inoturan and Oscar Herrera Jr., stated that there is nothing to show that Pelaez owns the causeway that was demolished.

The court said that assuming the causeway had been in existence for 15 years, this does not automatically transfer ownership to Goldpoint Land Corporation, which remains “at most only a foreshore lease applicant.”

As this developed, Congressman Radaza said he feels vindicated. He said politics was behind the filing of the case. He cited Pelaez ran for mayor but lost.

The Sandiganbayan resolution said that private complainant Goldpoint Land Corporation was merely an applicant for a foreshore lease and thus not yet acquired any right over the property.

Radaza maintained that the existence of the causeway long before the complainant filed its application only means that it was not the complainants who constructed the said causeway.

Radaza had cited an administrative order prohibiting any reclamation work within or adjoining the area under lease, thus making the causeway, which is in the nature of reclamation work, an illegal structure.

The illegality of the structure is allegedly bolstered by the certification dated March 26, 2008 issued by Assistant City Engineer Fernando Tagaan Jr. that his office has not issued any permit to the causeway located at Agus Cove in Lapu-Lapu City.

Another letter dated March 26, 2008 from Andrea Domingo, General Manager and Chief Executive Officer of the Philippine Reclamation Authority, said that her office has not approved any reclamation project and or issued any permit in favor of Gold Point Corporation.

The Lapu-Lapu City Assessor’s Office also in a letter said there is no tax declaration covering a causeway located at Agus Cove.

“Pelaez even used the logo of the Ombudsman in his letterhead in order to sow fear when he goes on a fishing expedition against me. Karon nigawas na ang tinuod,” said Radaza.

The Sandiganbayan pointed out that the causeway was far from the area where Pelaez claims to have a foreshore application. – (FREEMAN)