THE Office of the Ombudsman-Visayas has dismissed the administrative and criminal complaints against former Mandaue City mayor Jonas Cortes and five Sangguniang Panlungsod members, upholding its earlier decision.
Maria Priscilla Melendres had accused Cortes, along with city councilors Maline Zafra, Oscar del Castillo, Jen del Mar and Cynthia Remedio, of alleged 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 claimed by the city government of Mandaue.
In its Supplemental Evaluator's Report dated Oct. 7, the Ombudsman ruled that complaint as "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 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 Arnado-Carrillo upheld the recommendation to dismiss the complaint on Nov. 15.
"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 said that resolving the civil dispute over ownership is critical to determining probable cause for the administrative and criminal complaints.
It said that the complaint could not proceed until ownership rights are legally settled.
However, Cortes was dismissed from office on Sept. 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.
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