CEBU, Philippines - The Office of the Ombudsman-Visayas has indicted an employee of the municipality of Consolacion for his alleged refusal to issue a location clearance without sufficient justification and within a reasonable period of time.
Graft Investigation and Prosecution Officer II Darius Sagadal found probable cause to charge Danilo Capangpangan, Deputy Zoning Administrator of Consolacion, for violating Section 3(f) of Republic Act 3019 otherwise known as the Anti-graft and Corrupt Practices Act.
Spouses Gregorio and Carolina Olofernes alleged Capangpangan violated Sections 3(e) and 3(f) of RA 3019 after the latter refused to issue the location clearance for their application for a fencing permit to fence off a parcel of lot they owned, although they had already submitted the required documents.
One of the requirements for the issuance of such permit is a Certificate for Zoning which in turn requires a locational clearance from the deputy zoning administrator.
Section 3(e) of RA 3019 pertains to giving “unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence,” while Section 3(f) pertains to “neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time.”
Sagadal dismissed the complaint for violation of Section 3(e) of RA 3019.
"The Office finds that respondent's acts more appropriately fall as a violation of Section 3(f) instead of Section 3(e) of RA 3019 because the main act complained of is respondent's neglect or refusal to issue the Location Clearance, without sufficient justification," the resolution reads.
Sagadal directed Capangpangan to submit his counter-affidavit to negate the allegations filed against him, but Capangpangan failed to do so.
Thus, Sagadal resolved the complaint based on the evidence presented by the complainants. —/JBB (FREEMAN)