Ombudsman upholds dismissal of complaint against Mandaue Mayor Jonas Cortes

Dismissed Mayor Jonas Cortes file photo

MANDAUE CITY, Philippines – The Office of the Ombudsman-Visayas upheld its dismissal of the administrative and criminal complaint filed by Maria Priscilla S. Melendres against Mandaue City Mayor Jonas Cabungcal Cortes and other city officials.

The resolution follows after the Ombudsman’s Central Office approved the Supplemental Evaluator’s Report dated October 7, 2024.

The complaint, docketed as IC-OV-MAY-24-0313, involved allegations of trespassing, and offenses under the Anti-Graft and Corrupt Practices Act.

Melendres accused city officials of illegally entering a property she claims to own, which is also contested by the City Government of Mandaue.

Melendres claimed to own the 9.5-hectare property at Zone Ahos in Barangay Paknaan, which the city government used as a relocation site for individuals living in danger zones.

The complaint was initially dismissed by the Ombudsman on June 13, 2024, citing that the issue of property ownership was a civil matter outside the Ombudsman’s jurisdiction.

But Melendres filed a Motion for Reconsideration, on September 10, 2024, arguing that the local officials’ forcibly entered her property amounting to trespassing and a violation of her constitutional rights.

But the Ombudsman’s Supplemental Evaluator’s Report, dated October 7, 2024, found that the property in question is subject to ongoing civil litigation in the courts.

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, otherwise known as the Ombudsman Act of 1989, states that the Ombudsman cannot conduct an investigation if the complaint pertains to matters outside its jurisdiction,” part of the resolution states.

It added that Melendres has filed a case for forcible entry, which must first be resolved to establish the rightful owner of the contested property.

The report noted that the case raised a “prejudicial question,” as the resolution of the civil case would directly affect the disposition of the complaint.

The resolution concluded that the complaint was premature and recommended its outright dismissal.

Acting Director Corazon C. Arnado-Carrillo, in her endorsement dated November 15, 2024, upheld this recommendation, stating that the dismissal of IC-OV-MAY-24-0313 stands.

“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 emphasized.

It further clarified that the resolution of ownership rights is crucial to determining probable cause for any alleged violations by the city officials.

The dismissal marks a major legal win for Mayor Cortes and the other respondents, who are city councilors Marie Immaline Cortes Zafra, Oscar del Castillo, Jennifer Del Mar, and Cynthia Remedio.

Meanwhile, the Municipal Trial Court Branch 3 in Mandaue City also dismissed the charges of trespassing and forcible entry filed by Melendres against several city officials over the disputed property in Barangay Paknaan.

The case was initially filed at Branch 2 and was reaasigned to Branch 3. The case was also initially dismissed as Melendres failed to present a preponderance of evidence that she has a cause of action against the defendants.

The defendants officials include lawyer Nenita Layese (former city legal officer), engineer Marivic Cabigas (General Service Office), Buddy Alain Ybañez (Disaster Risk Reduction, and Management Office), engineer Crystal Comon (Office of the Building Official), lawyer Julius Cesar Entise (City Assessor’s Office), architect Florentino Nimor (assistant city administrator for operations), and lawyer Jamaal James Calipayan (city administrator).

Presiding Judge Ivy Ruiz-Regis of the Municipal Trial Court Branch 3 ruled on September 2, 2024, that the complainant, Maria Priscilla Senerpida Melendres filed the case beyond the one-year prescriptive period.

“The Second Ammended Complaint For Forcible Entry with Prayer for the issuance of a Temporary Restraining Order and Writ of a Preliminary Injuction filed by the plaintiff against the defendants against the defendants is dimissed,” the order said.

According to the ammendment complaint, the forcible enrty took place on August 19, 2022. On September 7, 2022 Melendres filed the original complaint. Later on October 20, 2023, Melendres filed the ammended complaint including the city of Mandaue as defendant.

“While the original complaint was filed within one year from the supposed forcible entry, the ammended complaint was submitted beyond the prescriptive period….The filing of the ammendement complaint cannot be deemed to date back to the filing of the original complaint,” the order emphasized.