CEBU CITY – Charges have been filed against the mayor and two other officials of Badian town, Cebu province after they allegedly failed to stop the illegal construction of structures in one of the coastal barangays in the municipality.
Charged before the Office of the Ombudsman-Visayas on Tuesday, May 2, were Badian Mayor Carmencita Lumain, Engr. Vicente Jojie Nillas, head of the town’s Office of the Building Official, and Manolito Recopelacion, chief of the Municipal Environmental and Natural Resources Office.
LAWYER Van Roe Asoque shows the affidavit-complaint of Gilbert Yap who sued the mayor of Badian town, Cebu and two other public officials before the Office of the Ombudsman-Visayas. (Contributed photo)
The charges were filed by Gilbert Yap, president of the Redwood Heritage Landholdings Corp., who asked the anti-graft court to investigate the three officials for “grave misconduct; inefficiency and incompetence in the performance of officials duties; refusal to perform official duty; conduct prejudicial to the best interest of the service and Article 208 of the Revised Penal Code for prosecution of offenses; and negligence and tolerance.”
According to Yap’s legal counsel, Van Roe Asoque, the filing of charges stemmed from Lumain, Nillas, and Recopelacion’s alleged failure to enforce the order stopping the construction of illegal structures in Barangay Lambug.
In his complaint-affidavit, Yap said he bought a property in Lambug from one Cresencia Felomino and the sale was finalized after the Deed of Absolute Sale was executed and annotated in October 2021.
After the completion of the sale, Yap said he was surprised when the fence in the property that he bought was destroyed by some individuals.
Yap identified those behind the destruction of some property and illegally occupied the area as Rafael Chan, Cita Chan, Marcia Martelino, Ven Martelino, Nieva Martelino, Julian Sy, Maria Carmela Sy, and Lucio Rebajo, among others.
Security guards from the Eross Security Force Agency were deployed in the area to prohibit anyone from entering the property, Yap said.
Yap said he has filed charges for grave coercion and malicious mischief against these individuals.
He said several structures were then built in the property which violated Republic Act 7586 (National Integrated Protected Areas System Act of 1992) and Presidential Decree 1067 (Water Code of the Philippines).
In his letter to the mayor, Yap said the construction of structures violated the 40-easement rule.
Yap said Lumain issued a cease-and-desist order on Aug. 19, 2022 ordering Ven Martelino and Benjamin Martelino to stop the construction of structures in the area.
It was also found out during the investigation of the Provincial Environmental and Natural Resources Office that the construction of the structures had no necessary permits, Yap said
However, despite the cease-and-desist order issued by Lumain, construction in the property continued, Yap said.
Yap said he repeatedly asked Lumain and Nillas to enforce the order but to no avail. This prompted Yap to sue Lumain, Nillas, and Recopelacion before the Ombudsman.
Yap said he believed that the three officials committed grave misconduct when they did not allegedly enforce the order to stop the construction.
“Grave misconduct is the transgression of some established and definite rule of action, more particularly unlawful behavior or gross negligence by a public officer coupled with elements of corruption, willful intent to violate the law, or to disregard established rules,” Yap said in his complaint.