Republic of the Philippines

OFFICE OF THE OMBUDSMAN (VISAYAS)

Department of Agriculture RO-7 Compound,
M. Velez St., Guadalupe, Cebu City 6000

CCC

Complainant,
For: Grave Misconduct,
Gross Negligence,
-versus- Violation of R.A. 3019
Section 3, Paragraph (e)
DDD & Violation of R.A. 6713
Chief Evaluator, Mandaue City Section 4, paragraphs
Planning & Development Office (a) and (b)
(CPDO),

-and- ----------------------------------
--
ARCHT. XXXX
OIC-City Planning &
Development Office (CPDO),

Respondent/s.
x--------------------/

COMPLAINT-AFFIDAVIT

I, CCC, of legal age, Filipino and a resident of

Greenhills Subdivision, Casuntingan, Mandaue City,
Philippines, after having been duly sworn to in accordance
with law, do hereby depose and state THAT –

1. I am a private citizen, a tax payer, and a resident of

Mandaue City. I am approaching this Honorable Office
praying that it will conduct an investigation on the
highly irregular and patently illegal actions committed
by the Respondents abovenamed who are both public
officers.

2. To allow this Honorable Office to properly investigate

the instant case, I would like to provide a summary to
the underlying events which lead to the filing of this
complaint.
3. As a background, I am a concerned homeowner the
homeowners’ association of Greenhills Subdivision in
Casuntingan, Mandaue City. At present, there is an
existing feud between some concerned homeowners of
Greenhills Subdivision and the officers and members of
the board of GHAI by reason of the illegal actions
undertaken by the latter on many occasions.

4. In fact, by reason of the said dispute, a case was filed

before the Housing and Land Use Regulatory Board
(HLURB) by the group of concerned homeowners in
the said subdivision including me. The said case
involves the illegal homeowners’ dues imposed, the
illegal use of the open spaces and the illegal
construction of a deep well by the homeowners
association initiated by the officers and members of the
board over a road lot owned by the City of Mandaue. In
the said case, the HLURB opined that the acts of the
members of the board and officers of GHAI is illegal.

5. The said road lot which became part of the HLURB

case as mentioned is covered by a Declaration of Real
Property showing that the owner is the City of
Mandaue. As proof, a copy of the Declaration of Real
Property with Tax Declaration No. 2017-009-00507
under Property Index No. 151-04-009-05-010-000 is
hereto attached and marked as Annex “A” and made
an integral part hereon.

6. This is the same property now which the public

respondents have issued a Location Clearance in favor
of applicant, Estrellita Raya, in representation of
Greenhills Homeowners Association, Inc. allowing the
latter to install a water pump over the deep well
illegally constructed over the property of the City of
Mandaue.

7. Public respondents, committed grave misconduct,

gross negligence, violation of the provision of R.A.
3019, Section 3, paragraph (e) and R.A. 6713 Section
4, paragraphs (a) and (b), when they approved,
granted, and issued a locational clearance in favor of
applicant Estrellita Raya despite the latter’s failure to
present any supporting documents to show what right
they hold to undertake the project constructed on a
government land. A copy of the subject Locational
Clearance dated December 13, 2017, is hereto
 attached and marked as Annex “B” and made an
integral part hereon.

8. Considering that the project applicant is a private

individual asking for a permit to build something over
a land owned by the government, the same is akin to a
privately initiated project which is governed by
Republic Act No. 6957 and must therefore comply with
the said law for it to even be considered valid, much
more be given a locational clearance without first
complying with the requisites required by law.

9. Public respondents cannot feign ignorance that they

are unaware of the ownership of the subject land
considering that they were able to peruse the Tax
Declaration covering the land which clearly shows that
it is owned by the City of Mandaue. Moreover, the tax
declaration number and property index number of the
said Tax Declaration is reflected in the Locational
Clearance they have issued.

10. In fact, the City, have issued a Cease and Desist Order
dated March 24, 2017 wherein the local government
ordered the Officers and Board of Directors of GHAI to
cease and desist from conducting the deep well drilling
activity and installation of steel barricades. As proof, a
copy of the said Cease and Desist Order is hereto
attached and marked as Annex “C” and made an
integral part hereon.

11. Moreover, the City Legal Office made a Legal Opinion

letter regarding the issue over the subject land. It was
opined by the said office that the deep well constructed
over the subject land is without the necessary drilling
permit from the Office of the Building Official (OBO) of
Mandaue City and the same is in violation of City
Ordinance No: 12-2010-573 otherwise known as the
Local Building Ordinance of which states:

“Section 4. Declaration of Illegal Building,

Structure or Contraption - Any building,
structure or contraption erected on any
public place within the City of Mandaue such
as, but not limited to streets, thoroughfares,
sidewalks,(…) are hereby declared as
 nuisance or illegal structure. Such building,
structure or contraption shall be demolished
by the owner thereof or any of his/her
authorized representatives within ten (1)
days from the date of receipt of such notice
to so demolish. Failure or refusal on the part
of the owner or his/her authorized
representative to demolish he said illegal
structure within the period hereinabove
specified, shall automatically authorize the
Government of the City of Mandaue to
demolish the same at the owner’s expense
subject to redemption as hereinafter
provided.

A copy of the said Legal Opinion dated April 3, 2017 is

hereto attached and marked as Annex “D” and made
an integral part hereon.

12. Public respondents became guilty of grave misconduct

since they issued a clearance despite knowing full well
that the project is conducted over a government land,
and, despite the failure of the applicant to prove their
right to conduct said project over the subject land or
comply with the requisites for the issuance of the
same. The aforementioned acts of the public
respondents show the presence of the elements of
corruption, a clear intent to violate the law, and a
flagrant disregard of established rules.

13. Public respondents are also guilty of gross negligence

considering that given their rank and duty, they should
have been more circumspect and diligent in the
exercise of their duties considering that it is expected
from them as the Chief Evaluator and Officer in-charge
for the Mandaue City Planning & Development Office.
Public respondents are precisely assigned to perform
tasks imposed upon them which would require for
them to inquire into the nature of the
activities/projects within the City of Mandaue including
the permissibility of the same considering the location
as well as the right of the applicants to conduct the
same.
14. Public respondents are likewise guilty of violating
Republic Act No. 3019 otherwise known as Anti-Graft
and Corrupt Practices Act, particularly Section 3,
paragraph (e) since their acts obviously showed
preference in the discharge of their administrative
capacity when they issued a locational clearance for a
privately initiated project over a public land despite
knowing full well that the applicant does not have the
authority nor have complied with existing laws,. The
issuance of the locational clearance definitely caused
injury to the Local Government of the City of Mandaue
as the latter was practically deprived of the right to
control and/or regulate a public property which
belongs to it, and the Homeowners whose association
dues were the ones used to construct and implement
the said project.

15. Lastly, public respondents are guilty of violating R.A.

6713 otherwise known as the Code of Conduct and
Ethical Standards for Public Officials and Employees
particularly on Section 4, paragraph (a) on
Commitment to Public Interest and paragraph (b) on
Professionalism. The totality of the public respondents’
actions when they issued the locational clearance show
that they failed to uphold public interest over their
own. Their actions primarily contributed to the
wastage of government funds as the City of Mandaue
will now have to be burdened with additional expenses
to ensure that it reclaims the right over the parcel of
land where a clearance was given for a private project
to be conducted despite its illegality. In light of their
actions, it is obvious that public respondents clearly
and definitely failed to discharge their duty with the
highest degree of excellence and professionalism,
intelligence and skill when they issued the said
locational clearance.

16. In view of the foregoing facts, I respectfully pray of

this Honorable Office to hold public respondents
Renato A. Bate and Archt. Marlo D. Ocleasa liable for
Grave Misconduct, Gross Negligence, violation of R.A.
3019 Section 3 (e) and R.A. 6713 Section 4,
paragraphs (a) and (b).

17. I hereby execute this Complaint-Affidavit to attest to

the truth of the foregoing facts and to support my
complaint against herein named public respondents
and for whatever legal purpose this may serve.
 IN WITNESS WHEREOF, I have hereunto affixed my
signature this __________ at the City of Cebu, Philippines.

CCC
Affiant
Senior Citizen’s ID No.
Mandaue City/Cebu/R-VII

SUBSCRIBED AND SWORN TO before me this

_____________ at the City of Cebu, Philippines by affiant who
exhibited to me his above stated competent evidence of
identity.

Doc No.: ;
Page No.: ;
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Series of 2018.