Ombudsman dismisses case vs Malasiqui officials
MALASIQUI—The Office of the Ombudsman absolved eleven incumbent and former officials of the town of the charge of abuse of authority and grave misconduct when it dismissed the case filed against them over the controversial land lease of the local government to the Magic Group of Companies.
The resolution was approved by Ombudsman Conchita Carpio Morales last July 30, 2015 and was received by the complainant last August 10.
The case was filed by Jaime Aquino, resident of Barangay Payar last July 16, 2009 against Mayor Armando Domantay Sr., Vice Mayor Mariano Espinosa, Councilors Canuto Mendoza, Pedro Opguar, Roberto Sanchez, Alfredo Palaganas, Joey Soriano, Ildefonso Veloria, Sonny Domantay, Noel Geslani, Sangguniang Kabataan Federation President Harfe Padilla and Provincial Legal Officer Geraldine Baniqued.
Aquino in his complaint, alleged illegal land use conversion of a lot located at Poblacion area, then a public lot, into a commercial lot now occupied by Magic Group of Companies under a lease agreement with the municipal government of Malasiqui.
He cited in his affidavit the failure of the Sangguniang Bayan then headed by Domantay to first withdraw the property from public use before it can be subjected to encumbrances, conveyance, alienation or construction nor did they comply with the requirements of RA 9184 on public bidding.
Aquino contended that the SB ordinance no. 005- 2003 known as “An ordinance withdrawing from public use to private use the area of 1, 800 square meters from the 10, 743 square meters lot located at Poblacion owned by the municipality of Malasiqui” was not approved by the Sangguniang Panlalawigan (SP) instead was remanded to the SB in 2004.
However, a “resolution authorizing Domantay as the municipal mayor to negotiate and enter into a contract with the Magic Group of Companies for the Lease of a property owned by the municipality” was approved in 2009 that led Domantay to execute a 40-year contract of lease with Magic duly acknowledged by Baniqued acting as the notary public.
Aquino asserted the contract was contrary to Sec. III of the SB ordinance 005- 2003 but in 2011, the Deputy Ombudsman for Luzon already dismissed the case for lack of merit.
“There is no proof that respondents Espinosa, Mendoza, Opguar, Sanchez, Palaganas, Soriano, Veloria, S. Domantay, Geslani and Padilla did not comply with Sec. 21 of RA no. 7160 when they enacted SB resolution no. 002- 2009,” the resolution read.
“Complainant failed to establish that the property subject of SB resolution no. 02- 2009 was previously used as a local road, alley, park or square that would require the withdrawal of the property from its public use before it can be alienated through lease. The records disclose that the property was vacant and unproductive.”
Lawyer Baniqued cannot also be faulted for notarizing as she was expected to observe the function of a notary public which she did, as stated. (Hilda Austria)
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