Case against two CTO employees dismissed

CEBU, Philippines - For lack of substantial evidence, the Office of the Ombudsman-Visayas cleared two employees of the Cebu City Treasurer’s Office for an administrative complaint.

Graft investigator Portia Pacquiao-Suson dismissed the complaint for neglect of duty against administrative officer Nanette Solon and investigator Christopher Ong both assigned to tax mapping of business establishments.

In her complaint, Veronica Kong alleged that she was the owner of a building located at corner MJ Cuenco Ave. and Lorega St., Cebu City, where two establishments are located.

On Oct. 27, 2005, Kong said together with her son they went to City Hall to ask if the mentioned establishments had permits to operate.

Kong said she was informed that the establishments had no permits to operate based on their computer data. She said Nanette instructed Ong to check the said establishments.

However, she said when she made follow-ups Ong told her that he failed to check the establishments due to non-availability of transportation.

“…complainant made numerous follow-ups with the respondents, however, she was given trivial reasons for them not being able to act on complainant’s concern,” the complaint read.

Ong has passed away. In her counter-affidavit, Nanette denied the charges.

She said sometime in 2005 their section, through Marites Solon, received a call from Kong regarding her complaint against her brother who was reportedly doing business within the lot owned by their parents.

The complaint was then transferred to Nanette.

Nanette said after receiving the complaint, she then instructed Ong to check the establishments.

“The inspection was conducted and it was found out that a certain Gregorio Cantos, brother of herein complainant, was engaging in videoke business at the said property alleged to be co-owned by complainant and her brother,” the counter-affidavit read.

Nanette said they sent notice to Cantos to comply with the necessary requirements for doing business operation. She added that case of Cantos was then referred to the business taxes/permitting section.

She said although there was action taken, the complainant still continued to call her and asked why the videoke joint of her brother was not closed. She said closing businesses is out of their jurisdiction as only the Office of the Mayor has the power to do this.

Suson in her decision stated the issue of business permits was out of the jurisdiction of the respondents.

“The concern of complainant to have the subject establishments comply with the business permits and taxes and if there is non-compliance with the said requirements to have the same closed, is not within the jurisdiction of the department of respondents, but that of the Business Taxes and Fees Division and/or the Office of the Mayor,” the decision read. —(FREEMAN)