The Office of the Ombudsman in the Visayas has upheld the dismissal of the administrative and criminal complaints 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, which was approved by the Ombudsman Central Office, the primary issue revolved around the disputed ownership of a property.
The Ombudsman emphasized that resolving the complaint requires first determining the legal ownership of the land, a civil matter beyond its jurisdiction.
“Republic Act No. 6770, or the Ombudsman Act of 1989, mandates that the Ombudsman can only investigate complaints within its jurisdiction,” the report stated.
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 presents a prejudicial question that must first be resolved," the report stressed.
Furthermore, the Ombudsman clarified that determining ownership rights is a prerequisite to establishing probable cause for any alleged violations by the city officials.
The complaint, docketed as IC-OV-MAY-24-0313, included allegations of trespassing, violation of constitutional 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 is contested by the Mandaue City Government.
On 16 March, Melendres filed criminal charges under Section 3 of Republic Act 3019, also known as the Anti-Graft and Corrupt Practices Act, against Cortes and City Councilors Maline Zafra, Oscar del Castillo, Jen del Mar, and Cynthia Remedio. The complaint involves a 9.5-hectare property.
The disputed property was reportedly leased to Melendres' grandmother.