Homeowners plaint vs. city lawyers dismissed

CEBU, Philippines — The Office of the Ombudsman Visayas has dismissed the complaints filed by the Doña Rita Village Association of Cebu Inc. against the members of the Cebu City Legal Office after they rendered an opinion on the application of permits for a commercial arcade.

Former Cebu City Legal Office in-charge, Carlo Vincent Gimena, who is among the respondents, said that the village filed the case against them relative to legal opinions stating that homeowners’ consent is not necessary in the application of Miradel Development Corp. (MDC) for a building permit for the commercial arcade since the subject lots have been reclassified to commercial in 1996.

They also filed the case after they affirmed the validity of MDC’s locational clearance and building permit in accordance with the Zoning Ordinance which reclassified the subject property as commercial 2.

“Our legal opinions are based on applicable and relevant laws, rules, ordinances, and jurisprudence. Our office was just acting on the requests for us to render said opinions. Besides, these are valid exercise of our constitutional freedom of expression,” said Gimena.

Aside from Gimena, the said complainant also filed the same case against Cebu City Legal Office lawyers Shana Alexandra Perez, Manuel Degollacion, Ramon Mikhail Duyongco, Arthcris Cuadra, Jave Mike Aton, Luigine Christi Chan, Glace Ongcoyo-Ravanes, Feliciano Alinson, Bernard Inocentes Garcia, Eleodoro Diaz, and Lyndon Bernardo Basan.

With this, the Ombudsman said that rendering legal opinions is part of their duties and functions. It also noted that government lawyers who render legal opinions in the course of the performance of their respective mandates, cannot be held liable for their opinions if they have not violated the law.

“It is most respectfully recommended that the subject complaint be dismissed outright,” read the decision signed by Case Records Evaluation, Monitoring and Enforcement Bureau acting director Sarah Jo Vergara last August 9.

It was last May 6 when the village association, represented by their president Albert Tan, requested the Ombudsman to investigate the legal opinions issued by Gimena and the other lawyers that the association believes were “highly discreditable, improper, and irregular.” (CEBU NEWS)