Ombudsman clears Tabanda
FOR Lack of probable cause and substantial evidence, the Office of the Ombudsman dismissed the case against former La Trinidad Mayor Edna Tabanda.
The complaint was filed by Jude Wal, president of the Cordillera Homes–Saint Francis Community Association Inc. (CHSFAI) on January 27, 2017 for issuing stoppage orders on land development of the company.
The former chief executive was charged in violation of Republic Act 3019 or the Antigraft and Corrupt Practices Act for grave misconduct, grave abuse of authority, conduct prejudicial to the best interest of service, conduct unbecoming of a public official and gross
neglect of duty.
The Ombudsman decision include there is no probable cause to indict Tabanda for violation of Section 3(e) of RA 3019.
"Respondent (Tabanda) could not be considered to have acted with evident bad faith in issuing stoppage orders because there was a petition filed by the residents of the neighboring barangay on the construction activities by complainant. The stoppage orders merely directed complainant to stop the on-going activities until the issues and concerns raised by petitioners had been addressed," the order reads.
"She issued the stoppage orders in response to the petition filed by the residents of the neighboring barangays where the project was being constructed. Neither did her action in any way tarnish the image of public service or deprive the government a committed service. There is likewise no oppression as complainant was given notice and opportunities to make the necessary remedy and its development permit was never revoked,” added the order.
The office of the Ombudsman has ordered the dismissal on March 16, 2017 and was only approved by Ombudsman Conchita Carpio Morales on October 12.
Sometime in March 2009, CHSFAI is set to develop the 91,101 square meter in Barangay Kesbeng after securing a development permit from the local council but was cancelled on July 21, 2009 for failure to implement the project.
Upon completion of all the required permits and registration, CHSFAI secured anew a development permit on March 10, 2015 including loan application for financing under the Group Land Acquisition and Development Program of the Home Mutual Fund (PagIbig Fund) amounting to P231, 859,240 approved on March 30,2015.
On May 25, 2015, Tabanda ordered the stoppage of the development of the lot because of the petition of the residents of Wangal and Poblacion.
Tabanda again issued three more stoppage order stopping the construction of the perimeter fence for alleged violation of the National Building Code and other violations.
Wal claimed Tabanda's stoppage orders are tantamount to the cancellation of its development permit which she could not do without the imprimatur from the local council."
"The stoppage orders are oppressive as it deprived complainant the opportunity to explain its side, it undertook fencing boundaries of the project as part of the land development component of the housing project," Wal also claimed in his complaint.
Tabanda submitted her position paper stressing the factual and legal bases for her action saying she cannot be held administratively liable since her actions were done in the performance of her official duties mandate of the local government code.
The former mayor added the purpose of the stoppage orders was for complainant to address the issues raised in the petition, which was confirm by the findings of DENRMGB-CAR and the MultiPartite Monitoring Team report revealed certain violations of Wal's development permit submitted to the local council.