Mayor Soc admonished for snubbing Ombud queries

CEBU, Philippines - The Office of the Ombudsman has admonished Talisay City Mayor Socrates Fernandez for his failure to respond to communications from the anti-graft office.

The communications were in line with the complaint of Talisay residents regarding Fernandez’ alleged failure to act on a complaint regarding illegal structures.

Complainants Jesse and Amelita Tan said that despite being granted a fencing permit, they could not proceed with constructing their fence with a gate because of the illegal structures in front of their property. They said they raised the matter to the mayor’s office, but no action was reportedly taken.

They then filed a complaint for neglect of duty and for alleged violation of Republic Act 6713 against Fernandez before the Ombudsman.

On January 4, 2007, the Ombudsman called for a conference during which Fernandez agreed to relocate the squatters who had put up the illegal structures in front of the complainants’ property. It was also agreed that the illegal structures would be demolished within 10 days.

However, graft investigator Maria Regina Fernandez said that when they followed up on the commitment through a letter, Fernandez did not respond.

The Public Assistance and Corruption Prevention Office (PACPO) then recommended that Fernandez be charged with simple neglect of duty for his failure to answer the letters and the request of the office.

When he finally replied, the mayor said he immediately ordered that the illegal structures be cleared, but he had to secure a demolition permit, which delayed the process.

As regards his failure to answer the Ombudsman’s letter and queries, the mayor said his staff was busy with preparations for the city’s Charter Day celebration at that time, but they were set to update the anti-graft office about his action on the matter.

The Ombudsman then ruled that no evidence was present to indict Mayor Fernandez with simple neglect of duty, but he should be admonished for his failure to respond to official communications from the office.

“We find the answer in the negative. This is so because the basis or the complaint from which the case arose is for respondent’s failure to take action on the request of the spouses Tan. This is an entirely different matter from failure to respond to this Office’s letters and requests as extensively discussed in the PACPO report,” the decision reads.

The Ombudsman said that as a public officer, the mayor has the duty and obligation to respond to letters and inquiries.   - (THE FREEMAN)