Bercede asked to stop Paknaan cement plant

CEBU, Philippines — The petitioners behind the complaint that led to the suspension of Mandaue City Mayor Jonas Cortes are urging Mayor Glenn Bercede to issue an immediate cease-and-desist order against the cement company in Barangay Labogon, Mandaue City, which was reportedly allowed to continually operate under Cortes’ administration.

According to Ines Corbo Necesario, one of the petitioners, the entire Barangay Labogon, which comprises 25,000 residents, is directly and indirectly affected by SUPREA Phils. Development Corp's continued operations.

Necesario said they raised the issue with former mayor Jonas Cortes in 2019, but he failed to address their concerns, prompting them to file a complaint against him in 2022 for allowing the continued operation of SUPREA.

Cortes was penalized with a one-year suspension starting Aug. 21, 2024. This stemmed from an administrative complaint filed on Oct. 17, 2022, by Necesario and Julita O. Narte.

However, the Ombudsman noted that Cortes had previously been found guilty of grave misconduct and conduct prejudicial to the best interest of the service in Monsanto v. Cortes (OMB-V-A-SEP-23-0221).

In that case, the penalty was mitigated from dismissal from service.

“Wala na sa among tumong ug tuyo nga ipa-suspenso o ipa-dismiss from service si Mayor Jonas. Ang gusto ra gyud namong mahitabo nga mo-issue unta siya og closure order batok sa SUPREA pero wala gyud niya buhata," Necesario said.

"Mao na karon nga gi-deny na man ang iyang motion for reconsideration sa iyang dismissal, nag-awhag ug mosuwat mi ngadto ni Mayor Glenn Bercede nga mo-issue na gyud siya og cease-and-desist order sa SUPREA,” Necesario said, referring to the recent decision of the Ombudsman, denying Cortes' motion for reconsideration on the criminal case filed against him over SUPREA's operations.

For his part, Cortes said the Ombudsman’s decision was no surprise.

“Nahibaw man gyud ta nga ang atong kontra gigamit nila ang ilang koneksyon ug gahum at their disposal. But let me assure you, just as we have faced challenges before, we will not back down. We will exhaust every legal remedy to fight this battle—because this is not just about me. It is about the trust you have placed in me, and I will defend that trust with all that I have,” Cortes said.

The petitioners, however, insisted that no politicians were behind their move and that this was a genuine effort by affected residents.

Meanwhile, international socialite Happy Melendres said in a press conference that lawyers from the Mandaue City government may face possible jail time following a recent decision by the Office of the Ombudsman.

Melendres and her sister, Maritoni, filed anti-graft charges against two city government lawyers and 46 other individuals, including 22 job order employees, for allegedly demolishing the perimeter fence of a 9.5-hectare property reportedly owned by her in Barangay Paknaan on May 3, 2023.

The anti-graft office, in its decision, found probable cause to indict respondents Atty. Johnbee Biton, head of the Housing and Urban Development Office (HUDO); assistant city assessor Atty. Julius Caesar Entise; and several other city government employees for violating Section 3(e) of Republic Act No. 3019.

“Let the corresponding information be filed in the proper court,” the Ombudsman stated, contending that the destruction of the fences and structures was illegal and improper.

“As discussed, it was done by respondents without any authority from the notice to demolish and without the benefit of a prior ejectment case against complainants. As such, complainants suffered undue injury equivalent to the value of the summarily destroyed fences and structures. With the presence of all four elements, the Office finds probable cause to indict the respondents, acting in conspiracy with one another, for violation of Section 3(e) of R.A. No. 3019,” the Ombudsman’s order read.

Melendres emphasized that the public should know the notice of demolition did not come from the mayor’s office but from the City Legal Office.

“As lawyers, Atty. Entise and Biton should have known this before proceeding with the demolition. The Ombudsman is correct in saying that respondents were not authorized to demolish and that they took the law into their own hands. Now, they should suffer the consequences of their own acts and face possible jail time,” Melendres said.

All respondents have filed a motion for reconsideration on the Ombudsman’s decision on Feb. 6, 2025, despite the resolution being issued on July 9, 2024, as respondents only received a copy of it on Tuesday, Feb. 4, 2025.

In their motion for reconsideration, the respondents argued that they were merely carrying out their duties as part of a legally constituted composite team formed to enforce the demolition order issued by the city government.

They maintained that they were enforcing a valid notice to demolish issued by the City Legal Office and that the demolition was necessary to address severe flooding in Paknaan, where the property is located.

The respondents also claimed that the area in question had been illegally reclaimed and was contributing to water obstruction.

However, the respondents remained optimistic that through their motion for reconsideration, the Ombudsman would reverse the order in their favor. — ATO (CEBU NEWS)