Ombudsman dismisses case vs Mandaue mayor
‘It is respectfully submitted that the pendency of a case before the court involving related issues involves a prejudicial question that must first be resolved.’
‘It is respectfully submitted that the pendency of a case before the court involving related issues involves a prejudicial question that must first be resolved.’
The Office of the Ombudsman in the Visayas upheld the dismissal of the administrative and criminal complaint filed by Maria Priscilla Melendres against Mandaue City Mayor Jonas Cortes and five members of the City Council.
According to the Supplemental Evaluator’s Report of the Ombudsman which was approved by its Central Office, the primary issue revolved around the disputed ownership of the property.
The Ombudsman emphasized that resolving the complaint required first establishing legal ownership of the land, a civil issue outside the jurisdiction of the Ombudsman.
“Republic Act No. 6770, or the Ombudsman Act of 1989, mandates that the Ombudsman can conduct an investigation if the complaint pertains to matters outside it’s jurisdiction,” the report said.
Acting Director Corazon Arnado-Carillo in her endorsement dated 15 November 2024, upheld the recommendation to dismiss the case.
“It is respectfully submitted that the pendency of a case before the court involving related issues involves a prejudicial question that must first be resolved,” the report stressed.
Furthermore, it clarified that the resolution of ownership rights is crucial to determining probable cause for any alleged violations by the city officials.
The complaint, docketed as IC-OV-MAY-24-0313, involved allegations of trespassing, violation of constipational property rights, and offenses under the Anti-Graft and Corrupt Practices Act.
Melendres accused the city officials of illegally entering and claiming ownership of her property, which was contested by the Mandaue City Government.
On 16 March, Melendres filed criminal charges of violating Section 3 of Republic Act 3019, also known as the Anti-Graft and Corrupt Practices Act against Cortes said City Councilors Maline Zafra, Oscar del Castillo, Jen del Mar and Cynthia Remedio in connection with the 9.5 hectares of land.
The property was leased to the grandmother of Melendres.
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