Talisay mayor, 4 others sued

CEBU, Philippines - Outgoing Talisay City Mayor Socrates Fernandez and four other city officials were charged before the Office of the Ombudsman-Visayas for alleged grave misconduct and abuse of authority.

David  Odilao, Jr. accused Fernandez, city engineer Audie Bacasmas, assistant city engineer Gamaliel Vicente, Jr., and two inspectors identified only as certain F. Abarquez and D. Enobio of illegally constructing a seawall on his private property.

Odilao, a resident of Talisay City, said that sometime in January the city government constructed a seawall in Sitio Litmon, Poblacion for security of the people living nearby.

“That the construction was made without the permission of the complainant whose private property was illegally encroached upon without properly informing the private owner and without any previous agreement as to the payment of just compensation,” Odilao claimed.

He said he sent a letter to Fernandez on March 20, 2013 but he received no response in violation of the Republic Act 6713 or Code of Conduct and Ethical Standards for public officials and employees.

In the said letter, Odilao asked for a fair and just compensation of his property which area is estimated to be 900 square meters. He sent another letter on May 27. According to Odilao, he received an inspection report on June 6 denying the alleged encroachment in his property.

Based on the inspection report, which Odilao attached in the complaint, the project was constructed “to protect the lives and properties of the people living nearby against the rushing big waves that often hit the vicinity.”

The seawall was built within the lot owned by the complainant. The inspectors added that the “filling of materials was not designed for road opening but to fortify the strength of the seawall.”

Thus, the inspectors did not recommend to the city government to pay the complainant.

Odilao said the report was devoid of the truth. He said they have documents to prove the same that his property was illegally encroached.

Odilao said that the respondents committed grave misconduct, grave abuse of authority, breach of their duty to ensure that the protocol was properly observed in the process prior to the construction of the seawall encroaching private property and conduct unbecoming of a public official/employee and gross neglect of duty.

He is also asking to order the respondents to pay for the just compensation of his property. (FREEMAN)