MetroState files 2 criminal charges vs. CE Rosario
FOR refusing to issue a building permit to MetroState Realty Corporation, City Engineer Virginia Rosario is now facing two criminal complaints before the Ombudsman, aside from the civil case currently being heard by the Regional Trial Court.
The two complaints, filed by one Gregorio Almonte, a project foreman of MetroState, accused Rosario for violating Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, and for abuse of authority/misconduct in office.
Rosario was given 10 days within which to file her counter-affidavits, the period of which started October 10, after she received the complaints on October 9.
City Legal Officer George Mejia confirmed that these cases had something to do with her refusal to process the application for building permit applied for by MetroState.
Rosario refused to issue the permit for the project owing to the company’s failure to submit the supporting documents that were required of it. On July 3, 2007, she ordered the company to stop the construction of its project.
Mejia explained that the case filed by Metro State against Rosario before the sala of Regional Trial Court Judge Rolando Mislang of Branch 42 is a special civil action for mandamus while the two cases filed by Almonte before the Ombudsman are criminal cases.
“But all these three cases are based on the same facts, which is the refusal of the city engineer to issue a building permit,” he explained.
As chief legal counsel of the city, Mejia will represent Rosario in the two criminal cases as he is now doing in the special civil action for mandamus earlier filed against her.
Mejia said it is the function of his office to defend all officials and employees of the city government, particularly the city of Dagupan, when the cases that were filed against them have something to do with their official duties.
Although the supposed act happened before Mejia was appointed city legal officer by the new city mayor, Alipio Fernandez Jr., he said there is continuity of Rosario’s duties.
Mejia said he has already briefed Rosario on the possible defense.—LM
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