Complaint vs city dad recommended dismissed

CEBU, Philippines – A Talisay City Council committee has recommended dismissing the complaint against City Councilor Doroteo Emit who is facing charges of abuse of power before the Office of the Ombudsman-Visayas.

The Committee on Laws and Good Government, chaired by City Councilor Socrates Fernandez, asserted in its report that Emit acted in accordance with the provisions of the Local Government Code, thus the complaint lacks merit.

Virginia Guzman, a resident of Barangay Pooc, filed her complaint before the Ombudsman last July 24, 2013 against Emit, who was then a barangay captain, for allegedly issuing a fencing permit to a lot owner in the area, which resulted to the closure of any access to her adjacent lot and those of her neighbors.

Guzman said the lot that was fenced is also claimed by other people and is still subject of court litigation. The vacant lot was bought by a certain Florito Caballero who then constructed a fence.

The Ombudsman, however, remanded the case to the Talisay City Council, saying the case is under the latter's jurisdiction.

"This complaint is recommended to be dismissed for lack of merit. The respondent has not violated any law in granting the fencing clearance," Fernandez said in his two-page committee report which will be discussed in today's council session for final approval.

Fernandez said his committee conducted an ocular inspection in the area and noted that there was no fence standing there, although there were boundary markers, shallow excavations and works to pave the ground.

Residents in the interior portion of the area, he added, have adequate access to the main road.

Fernandez also said there was no grave abuse of authority because Caballero applied for fencing clearance before the Office of the Barangay Chairman.

"Pursuant to such filing, the respondent, being the barangay chairman, visited the project site, verified the document of ownership, and secured a verbal undertaking from the applicant and other owners of exterior properties to provide access road to the interior residents. Later, this verbal undertaking was put into writing and signed by all owners of the dominant estates," the committee report read.

Emit, for his part, maintained that he issued a barangay fencing permit after Caballero complied with all the requirements from the Office of the Building Official.

While he was aware of the pending litigation case questioning the property’s ownership, Emit said: “I explained to her that this is for the court to decide and my duty is only to ensure that Mr. Caballero complied with our requirements.”