Ombudsman junks 2 cases vs Rama, et al

CEBU, Philippines – The Office of the Ombudsman has junked the cases filed against Cebu City officials, including suspended Mayor Michael Rama, over the closure of a property used as a garage and repair area for public utility jeepneys.

The complainant, Myrna Cruz, a jeepney operator, alleged there was no due process when Rama ordered the gate of her property padlocked on April 14, 2015, which prevented her two PUJs from leaving.

She sued Rama, city lawyer Jerone Castillo, two officials from the Prevention, Restoration, Order, Beautification, and Enhancement and also involved 10 other private individuals for grave coercion and unjust vexation.

The same complaint became the basis for the administrative charge for grave misconduct against Rama, Castillo and PROBE heads Raquel Arce and Wendell Cenas involving one of the private respondents, Ernaldo Elemento.

Cruz said the city did not have enough basis to close her gate since the pro-perty, which is owned by her daughter, was not used as an auto repair shop, contrary to complaints.

In a letter to Rama, residents in the area complained the hammering and welding sounds they could hear from inside Cruz’s residence have disturbed them.

The city’s Planning and Development Office reportedly informed Cruz in October 2013 that the area she uses as her garage is classified as a residential district and repair activities are not allowed as provided by the Cebu City Zoning Ordinance.

Cruz reportedly promised to cease from operating her jeepneys and from using her residence as a garage or repair area but she refused to accept proper notices

Graft Investigation and Prosecution Officer Vivien Santiago- Lumangtad said: “The office fails to see how public respondents Rama’s role in signing the closure order and public respondent Castillo’s act of conducting a clarificatory hearing constitute a criminal charge for grave coercion or unjust vexation.”

Lumangtad said Cruz failed to state a cause of action against Arce and her complaint was “insufficient” to support the criminal charge of grave coercion against Cenas as he was just implementing the closure order.

Meanwhile, the Ombudsman also dismissed the filed against Rama and Pahina San Nicholas Barangay councilman John Paul Go.

Go’s colleagues in the barangay council and San Nicholas Captain Antonio Caruzca have alleged that he and Rama committed graft and grave misconduct when Rama turned over a Toyota Hi-Lux to Go in 2012 despite a resolution of the City Council withholding the utilization of the vehicles the city was supposed to donate to the barangays.

The council passed the resolution despite its earlier decision to enact an ordinance appropriating P80 million for motor vehicle outlay for all barangays in the city.

The barangay officials alleged Go used the car for personal means and refused to turn the vehicle over to the barangay.

The Ombudsman said, however, that the complainants failed to present proof that the vehicle was indeed donated by the city. —/JMO (FREEMAN)