The case stemmed from another case for gross dereliction of official duty filed by Rosanni Luche against her last November. Luche accused the mayor of failing to initiate actions to protect the parcel of land owned by the municipal government from squatters.
Her failure to file an eviction case against the squatters who occupied the lot, which was supposed to be the site of their public market, allegedly deprived the government of its income.
In her counter-affidavit dated January 8, Loot said that it is not true that she was negligent of her duty and that she cannot initiate an eviction case against the squatters because there was no resolution from the council authorizing her to do so.
Luche claimed that Loot lied in her affidavit because the municipal council had long authorized her to file an eviction case against the squatters. Luche cited resolution No. 93-1998, which was allegedly passed in September 4, 1998, sponsored by councilors Jovencio Taneo and Renato Te, authorizing Loot to file a complaint against the squatters in the municipal property.
Luche said that Loot cannot also claim ignorance to the resolution because her office properly received it. In fact, Loot gave a written communication dated September 18, 1998, acknowledging receipt with comments and remarks.
Luche claimed Loot disapproved the council resolution authorizing her to file a case against the squatters and refused to eject the illegal occupants, instead defending them against the interest of the municipality.
The complainant said that Loot clearly committed a crime of perjury for making false statements under oath, which is punishable under Article 183 of the Revised Penal Code. - Fred P. Languido