Ombudsman clears Fernando, TEG chief of illegal demolition charges

Sidewalk clearing operations are legal and the Metro Manila Development Authority has the right to clear roads and streets of illegal structures in accordance with law.

The Office of the Ombudsman ruled so as it dismissed two criminal and administrative charges lodged against MMDA Chairman Bayani Fernando and Traffic Enforcement Group (TEG) chief Superintendent Philmore Balmaceda yesterday. The charges, filed by supposed residents of Zuzuarege, Commonwealth Avenue in Quezon City four months ago, were junked for lack of probable cause.

In two separate 10-page resolutions, Ombudsman Simeon Marcelo said there exists no reasonable ground to indict Fernando and Balmaceda for malicious mischief because the elements that constitute such crime is not present in the cases at hand.

Zuzuarege residents filed complaints against the two officials following a sidewalk clearing operation and demolition of illegal structures along Commonwealth Avenue last May. They accused Fernando, Balmaceda and their men of allegedly demolishing their houses located along Laura Street without holding consultations and sending notices first. The complainants averred that despite their repeated pleas to stop the demolition as there were previous arrangements with the public works and highways department and the National Housing Authority for their possible relocation, MMDA personnel and policemen went on with the operation.

Marcelo, however, ruled that the MMDA carried out the operation pursuant to Resolution No. 02-28, Series of 2002 which authorizes the agency and local government units to clear sidewalks, sidestreets and other public places in Metro Manila of all illegal structures and obstructions.

"Government officials are presumed to perform their functions with regularity and strong evidence is necessary to rebut this presumption," he said.

Marcelo noted that the claim of the Zuzuarege residents that the demolition of their houses was in violation of R.A. 7229 or the Urban Development and Housing Act, and thus illegal, cannot be considered because what were actually demolished by the members of the MMDA sidewalk clearing operations group (SCOG) were commercial establishments and stalls. Therefore, the Office of the Ombudsman said what were demolished were "public nuances and nuisances per se which can therefore be summarily abated without prior notice or consultation, hence no violation of R.A. 7279 has been committed."