OMBUDSMAN CLEARS MAYOR TINGA, 28 GOV’T OFFICIALS OF GRAFT CHARGES
Apr 05, 2010

In a 19-page Resolution, the anti-graft body led by Ombudsman Maria Merceditas Navarro-Gutierrez cleared Mayor Tinga and other city officials of the charges of graft, illegal demolition, malicious mischief, grave threats and qualified theft, due to lack of probable cause.

Other officials who were cleared of criminal charges were: Capt. Oscar Quilang Sr., OIC of the Administrative Office of Fort Bonifacio; Josephine Papa of the Taguig Local Housing Office; Virginia Cruz of the Department of Education; Dalisay Lizardo of the National Housing Authority; Virgilio Llameses of the Taguig Urban Poor Affairs Office; Insp. Edgardo Mendoza, chief consultant of the Anti-Squatting, Demolition and Vending Office; Western Bicutan Barangay Chairman Danilo Rivera; Barangay Kagawad Armando Lopez; Atty. Glbert Boiser of the Commission on Human Rights; Percival Chavez of the Presidential Commission for the Urban Poor; Teresita Cuevas of the Department of National Defense; Honorita Bayudan of the Department of Social Welfare and Development; and 16 military officials.

In the findings, Graft Investigation and Prosecution Officer Nellie P. Boguen-Golez ruled that there was no legal basis on the complaint filed by a certain Sandie Obragon Bilog, after the demolition of his house.

“It bears to emphasize that except for the allegation that the demolition was illegal there was no specific acts attributed to each of the respondents or evidence to show that violation of Section 3e of Republic Act 3019, Illegal Demolition, Malicious Mischief, Grave Threats and Qualified Theft were committed by them,” the ruling states.

The Ombudsman stressed that Bilog cannot claim ownership over the land where his house was built because it is a National Shrine Reservation or now known as the Libingan ng mga Bayani.
 
“Being Part of the National Shrine Reservation, now commonly known as the Libingan ng mga Bayani, it is exempted from the operation of RA 7279 or the Lina Law (giving relocations to squatters),” the resolution says.

The Ombudsman opined that while the complainant failed to provide legal documents that would establish ownership or rights over the land where his residence was built, despite submitting a photocopy of the Affidavit of Deed of Assignment with Waiver.

It pointed out that even the regular court did not grant the preliminary injunction prayed for by Bilog as he “failed to demonstrate that they have a clear and positive right to the preliminary injunction especially as the property in question is still actually covered by Proclamation No. 208 (The Marcos Proclamation which excluded certain portion of land in Taguig City and reserved that same for national shrine purposes). It was ruled that therein plaintiff clearly failed to show any right on the lot in question.”