Ombuds: Dismissal of plaint vs Cortes stays

CEBU, Philippines — The Office of the Ombudsman Visayas has upheld the dismissal of the administrative and criminal complaint filed by one Maria Priscilla S. Melendres against dismissed Mandaue City mayor Jonas Cortes and four city councilors.

The Ombudsman said her complaint is “premature” as she has already filed a civil case on the ownership of the property that she and the Mandaue City Government are contesting.

The Ombudsman said the case should be resolved first.

The decision also cleared Sangguniang Panlungsod members Maline Cortes Zafra, Oscar del Castillo, Jen Del Mar, and Cynthia Remedio.

This resolution followed an Oct. 7 Supplemental Evaluator’s Report approved by the Ombudsman’s Central Office.

The complaint, docketed as IC-OV-MAY-24-0313, involved allegations of trespassing, violation of constitutional property rights, and offenses under the Anti-Graft and Corrupt Practices Act.

Melendres accused the city officials of illegally entering and claiming ownership of her property, which is also contested by the City Government of Mandaue.

According to the Supplemental Evaluator’s Report, the primary issue revolved around the disputed ownership of the property.

The approved Supplemental Evaluator’s Report approved by the Ombudsman pertains to the verified motion for reconsideration field by Melendres in relation to her complaint against Cortes and the others last Sept. 10.

Melendres’ motion for reconsideration was treated as a request for reevaluation of the complaint, which was dismissed outright by the Office through an Evaluator’s Report on June 13, 2024.

“In order for this Office to determine that the imputed actions of the subjects constitute violation of Section 3 (e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act, it must be first established who was the legal right over the disputed property,” read a portion of the Evaluator’s report.

The Ombudsman emphasized that resolving the complaint required first establishing legal ownership of the land, which is a civil issue outside the jurisdiction of the Ombudsman.

“Said issue is civil in nature, hence, outside of this Office’s jurisdiction to resolve,” it said.

"Republic Act No. 6770, or the Ombudsman Act of 1989, mandates that the Ombudsman cannot conduct an investigation if the complaint pertains to matters outside its jurisdiction,” the report noted.

The Supplemental Evaluator’s concluded that the subject complaint is recommended to be “dismissed outright for being premature.”

In Melendres’ motion, she insisted that Cortes and the others “entered the subject property which is in her possession without her consent”.

She claimed that (i)n the act of committing trespass, the City Government of Mandaue is also claiming ownership of the land. Hence, respondents are guilty of Article 2813 of the Revised Penal Code and Section 3 (e) of Republic Act No. 3019.4.”

She added that by entering the property, Cortes and the others “deprived” her of Constitutional right to property as well as due process.

Lastly, Melendres insisted that in complaints for acts or omission by public officials, there is no demarcation line of prematurity or maturity of action.

However, the Evaluator’s Report revealed that an ongoing civil case for forcible entry, filed by the complainant against the local government officials, must first be resolved before administrative or criminal liability can be determined.

The report also highlighted that the case raised a “prejudicial question,” as the resolution of the civil case would directly affect the disposition of the complaint.

“The resolutions of the aforementioned case filed before the court is crucial to the determination of the probable cause of the crimes being imputed against the subject local government officials,” read a portion of the report.

“Most importantly, the ownership of the contested property must first be settled before complainant can claim that her rights as a property owner had been violated,” it added.

The report concluded that the complaint was premature and recommended its outright dismissal.

Case Records Evaluation, Monitoring and Enforcement Bureau (CREMEB) Acting Director, Corazon C. Arnado-Carrillo, in her Nov. 15 endorsement, upheld the recommendation, stating that the dismissal of IC-OV-MAY-24-0313 “stands.”

Melendres, a resident of Barangay Lahug, Cebu City filed last March 29 criminal and administrative complaints against Cortes and the four city councilors before the Office of the President and the Office of the Ombudsman for alleged oppression, gross misconduct, grave abuse of authority, and violation of Section 2 of Republic Act (RA) 3019 or Anti-Graft and Corrupt Practices Act.

The case stemmed from the City Government’s act of occupying a 9.5-hectare property at Zone Ahos in Barangay Paknaan.

Melendres said she bought the property from her grandmother and she has been paying real property taxes to the City Government, as evident of the tax declaration under her name. (CEBU NEWS)