MALASIQUI–The Office of Ombudsman for Luzon has ordered 11 local officials from this town and one provincial official to answer the charges filed against them over the lease contract signed with the Magic Group of Companies.

The charges include abuse of authority and conduct prejudicial to the best interest of public filed by Jaime Aquino, representing the Manila-based People’s Coalition against Crime, Gambling and Corruption.

The respondents are Mayor Armando Domantay, Vice Mayor Mariano Espinoza, Councilors Canuto Mendoza, Pedro Ofguar, Roberto Sanchez, Alfredo Palaganas, Joey Soriano, Ildefonso Veloria, Sonny Domantay, and Noel Anthony Geslani; Harfe Padilla, president of the Sangguniang Kabataan; and Atty. Geraldine Baniqued, provincial legal officer.

The lease contract involves a 1,800 square meter prime lot owned by the municipality where Magic is now building a shopping mall, which is now about 60 to 70 percent finished.

The complaint states that “by passing a resolution authorizing the mayor to enter into a contract of lease of a property for public use, the Municipal Council violated Section 21 of the Local Government, particularly paragraph (a), which states: Sec. 21 Closure and Opening of Roads,-(a) A local government unit  may, pursuant to an ordinance, permanently or temporarily close or open any local road, alley, park, or square falling within its jurisdiction: Provided that in case of a permanent closure, such ordinance may be approved by at least two-thirds (2/3) of all the members of the sanggunian x x x”.

Aquino accused all the respondents of violating Section 3(e) of Republic Act 3019 which states “Causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits in his administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.”

The sanggunian, the complainant charged, violated the procedure that first requires the withdrawal of the property for public use before it can be subjected to encumbrances, assignment, conveyance, alienation or any transaction.

Aquino’s complaint further states that neither can the council rely on the earlier ordinance (005-2003) passed during the previous term because the said ordinance is deemed non-existent for being null and void as it was approved without the 2/3 vote as required by law.

The ordinance was also considered defective based on a previous legal opinion of Baniqued and it was not approved by the provincial board based on the same legal recommendation.

The defective ordinance was remanded to the municipal council of Malasiqui.

The contract of lease was executed between the Municipality of Malasiqui represented by Mayor Domantay and the Magic Group of Companies represented by Mrs. Celia Lim.

The two signed the contract before Baniqued who affixed her seal and signature as the notary public.

Aquino raised the point that Baniqued participated in the contract despite the fact that it was her who recommended the remand of the ordinance withdrawing the property now in lease.

In this transaction, according to Aquino, it is apparent that Baniqued and Lim also conspired with the charged Malasiqui officials.

Aquino also asked the Ombudsman in his complaint to place all the respondents under preventive suspension.—LM

MAGIC PROJECT
HAS NO BUILDING PERMIT

Meanwhile, former Vice Governor Oscar Lambino said he and other concerned citizens of this town are considering taking legal action against the Magic Group of Companies  for  constructing a department store here without a building permit.

Lambino wondered why Magic was allowed to do its project, which is now about 60 to 70 percent complete, without first securing a building permit, a requirement under Presidential  Decree No. 1096 or the National Building Code of the Philippines.

Municipal Engineer Rosalina de Vera Manuel, the deputized building official, has confirmed that Magic has not been issued a building permit.

Manuel earlier maintained that the demolition of government offices on the lot leased to Magic was undertaken by the latter company without the required demolition permit.

Records show that two notices of illegal construction were issued to Mrs. Celia Lim of Magic Group Inc., the signatory to the lease contract with the Malasiqui government.

Both notices were duly received by one Alex Chua, an engineer at the construction site.

Lambino said the notices were apparently ignored since Magic is continuing with its project, and criticized Mayor Armando Domantay for failing to stop the project.

“Why would a rich company, like Magic, be allowed to build without first securing a building permit?” asked Lambino, noting that ordinary citizens are required to get a building permit if constructing private residences.

“It shows we have a compartmentalized justice in Malasiqui, one for the poor and another for the rich,” Lambino stressed.

Lambino stressed that he has nothing against the Magic Group and in fact welcomes its investment in the town but the company must comply with the law.—LM

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