Jonas, 5 other Mandaue officials cleared of raps

Local

THE Office of the Ombudsman (Visayas) has dismissed the administrative and criminal complaints filed against former Mandaue City Mayor Jonas Cortes and five members of the Sangguniang Panlungsod, affirming its earlier decision.

The cases were filed by Maria Priscilla S. Melendres, who accused Cortes and councilors Maline Zafra, Oscar Del Castillo, Jen Del Mar, and Cynthia Remedio of trespassing, violating constitutional property rights, and committing offenses under the Anti-Graft and Corrupt Practices Act.

Melendres alleged that the officials illegally entered and claimed ownership of a 9.5-hectare property in Barangay Paknaan, which is also being contested by the City Government of Mandaue.

In its Supplemental Evaluator’s Report dated October 7, 2024, the Ombudsman ruled the complaint “premature” due to an ongoing civil case over the disputed property.

“Republic Act No. 6770, or the Ombudsman Act of 1989, mandates that the Ombudsman cannot conduct an investigation if the complaint pertains to matters outside its jurisdiction,” it said.

The officials argued that the property, previously under a foreshore lease granted in 1977, had been designated as a transitory shelter site through a city resolution.

The Ombudsman stressed that ownership rights must first be established before determining liability for any alleged violations.

The Municipal Trial Court in Cities (MTCC) of Mandaue City also dismissed Melendres’ second amended complaint for forcible entry, filed in September 2022, which centered on the contested ownership of a 300-square-meter portion of the property.

Acting Director Corazon C. Arnado-Carrillo upheld the recommendation to dismiss the complaint on November 15, 2024.

“The pendency of a case before the court involving related issues involves a prejudicial question that must first be resolved,” she said.

The Ombudsman’s decision emphasized that resolving the civil dispute over ownership is critical to determining probable cause for the administrative and criminal complaints.

It reaffirmed that the complaint could not proceed until ownership rights are legally settled.

Cortes was dismissed from office on September 26, for another case, after the Office of the Ombudsman found him guilty of grave misconduct.

The case stemmed from allegations that he allowed the operation of a cement batching plant in Mandaue City from 2020 to 2022 despite lacking necessary permits and environmental clearance.(MyTVCebu)