TACLOBAN CITY — The Office of the Ombudsman dropped the plunder raps against Catbalogan City Officials headed by then-Mayor Stephany Uy-Tan in 2017 by finding the complaint untenable and with no probable cause.
Now City Councilor Uy-Tan was absolved of criminal liability while varying administrative decisions against the respondent city officials were imposed.
The charges stemmed from the purchase of a family-owned lot located in Barangay Payao in 2015 through a negotiated sale for the relocation of typhoon-displaced families in the city.
The complaint filed by Bernard Jake Ramos argued that the sale was overpriced and should have been expropriated by the City Government.
However, the Ombudsman noted that a negotiated sale is an allowed and preferred mode of land acquisition by the local government units under the Republic Act 7279.
It added that while expropriation is allowed, it can only be used when all of the modes of acquisition have been exhausted.
The Ombudsman pointed out that the P1,500 offered price per square meter is within the fair market value of the lots in the area, noting that other nearby lots were even priced higher than what was offered by the seller.
The subsequent land reclassification was likewise deemed proper but they missed renegotiating the offer of the seller to which they readily accepted.
Although the Ombudsman found no intent by the City Council to defraud the City Government of its funds, its enactment and creation of various ordinances and resolutions in one day on June 8, 2016, and subsequent approval on June 14, 2016, have created an image of suspicion even to the mind of the complainant.
This was considered as misconduct by the Ombudsman but was only ruled to be simple and not grave with no evidence to support the elements of corruption.
It further imposed a monetary fine equivalent to three months of Former Mayor Uy-Tan, Councilors Coefredo Uy, Jeffrey Uy, Max Pescos, and Edward Uy's salary, which should be paid to the Office of the Ombudsman.
Administrative complaints against Vice-Mayor Art Gabon and three councilors were also found to have no merit.
The city accountant Peachy Daguman, city treasurer Elizabeth Lim, budget officer Theresa Aroza, city assessor Romero Tuazon, city assistant assessor Arthur Macabare, tax mapper 1 Rizal Ignacio, and Rody Ocenar were likewise dismissed.