Ombudsman dismisses admin case against Talisay's engineer, legal officer

CEBU, Philippines – The Office of the Ombudsman Visayas-7 dismissed the administrative case filed by lawyer Raul Sesbreño against City Engineer Audie Bacasmas and city legal officer Owen Algoso, both of Talisay City.

Graft Investigator Maria Corazon Abrugar said no substantial evidence was presented that would prove that Bacasmas and Algoso did not perform their duties.

Sesbreño had asked Bacasmas and Algoso to demolish structures in Lawaan, Talisay City which he claimed he was part owner of the lot where the structures stood.

He said the structures constructed in the lot had no building permits. He said he had sent several letters to Bacasmas requesting him to demolish and remove the structures.

Bacasmas in his letter said the complainant should apply for a demolition permit before the structures can be demolished.

Algoso for his part said the demolition should observe procedures and guidelines stated in Rule VII of the Implementing Rules and Regulations of the National Building Code.

He also said it was neither his duty nor obligation to cause the immediate issuance of a demolition order by the Building official.

But Sesbreño alleged that respondents conspired with each other in tolerating illegal structures built without permits and are liable for refusing without valid reason, despite repeated official requests, to demolish the structures. 

He also alleged the acts of the respondents caused him undue injury as he was deprived of the use of the properties.

Bacasmas in his counter-affidavit said the people who allegedly erected the structures on the land claimed by Sesbreño were sued by Sesbreño for Unlawful Detainer (Ejectment) for failure to pay rentals.

Bacasmas attached a machine copy of the joint decision of the Municipal Trial Court in Cities attesting that some of the people who live in the lot claimed by Sesbreño were only paying rentals to the Borromeos, the registered owners of the property.

The MTCC of Talisay City however, dismissed the case filed by Sesbreño against the occupants of his claimed lot on the ground that he has not established his right as an owner or co-owner of the lot.

On the other hand, Bacasmas also stated that when complainant requested for assistance in the summary demolition of the alleged illegal structures, he asked Sesbreño to apply for a demolition permit but Sesbreño failed to comply.

Algoso also said before an aggrieved owner can demolish the illegal structures on his property, he should first file a judicial action for ejectment and secure an order of demolition.

Abrugar said the complainant failed to establish that Bacasmas and Algoso failed to perform their duty as the two requested the complainant to secure first an order for demolition but the complainant failed to do so.

"He was advised of the requirements but he failed to comply with the same. Thus, there is no sufficient basis for respondents to carry out a summary demolition of the structures," Abrugar ruled. (FREEMAN)