CEBU, Philippines - The Office of the Ombudsman-Visayas dismissed for lack of probable cause the criminal and administrative complaints against the chief of the Cebu City Office of the Building Official.
Engineer Kenneth Carmelita Enriquez was exonerated of the complaints for violation of the Anti-Graft and Corrupt Practices Act and Code of Conduct and Ethical Standards for Public Officials and Employees.
Graft investigation and prosecution officer Maria Corazon Vergara-Najara found no sufficient evidence to indict Enriquez of the complaints filed by Emmanuel Baguio.
Baguio alleged that Enriquez refused to act on his complaint about an alleged encroachment to his property. According to Baguio, sometime in October 2012 Vicente Gabutan constructed a 5-storey building in the property adjacent to his. However, the construction allegedly encroached to his property prompting him to call the attention of Enriquez.
Baguio said, through his lawyer, he wrote to OBO on February 26, 2013 inquiring whether the construction of Gabutan had the requisite location clearance and building permit.
Because he did not receive a reply, Baguio said he wrote a follow-up letter on April 1, 2013, this time, already requesting to order Gabutan to demolish the intruding cantilever structures.
On April 12, 2013, Baguio received a reply from assistant building official Florante Catalan furnishing him with a copy of the inspector’s report as well as the notices of illegal construction issued against Gabutan.
Despite the notices of illegal construction there were allegedly no actions taken by OBO prompting Baguio to again follow-up. However, he was told that Gabutan was able to comply with the requisites of building permit on May 16, 2013.
Baguio questioned the granting of the building permit despite the violations committed. He accused Enriquez of dereliction of duty and graft and corruption.
But, the anti-graft office ruled in the negative.
“From the foregoing, it cannot be said that respondent acted with evident bad faith, manifest partiality or gross inexcusable negligence in the performance of her functions as building official as it appears that she undertook measures in an attempt to address the encroachment issue raised by complainant before her office,” the resolution reads.
Enriquez said she immediately acted on the complaint contrary to the complainant’s claim.
In fact, an ocular inspection was done by the OBO’s Enforcement Division, which resulted in the issuance of the two notices of illegal construction to Gabutan.
Enriquez clarified that her office is only authorized to send out notices and a subpoena and has no authority to forcibly stop any ongoing construction.
She added that her duty as building official is only ministerial and the issuance of the building permit depends on the compliance of the requirements. (FREEMAN)