THE Office of the Deputy Ombudsman for Luzon has dismissed for lack of merit two of the latest cases filed by former city councilor Emilio Aguinaldo against Naga City Mayor Jesse M. Robredo.

Among his string of cases levelled against the city mayor, Aguinaldo, known to be politically-allied with the Villafuertes, criminally and administratively accused Robredo and landowner-couple Felix and Aida Yubuco for allegedly conspiring in executing an absolute deed of sale on a property in Bgy. Sabang, a transaction allegedly grossly disadvantageous to the City of Naga, in violation of R.A. 3019.

Robredo countered that Aguinaldo’s complaint was made with malice and gross bad faith.

He reminded the Ombudsman that a similar action, involving the same real property in question was earlier filed by the complainant but was already dismissed for lack of merit by Ombudsman Resolution dated January 29, 1999.

Robredo reiterated that the present controversy related to a Land Registration Case No. 703 which was decided by the Regional Trial Court of Naga City in favor of the heirs of Felix Ledda, substituted later by the Naga Centrum, Inc. as represented by Felix Yuboco.

Robredo narrated further that when the Court was about to implement the Writ of Demolition, the affected families in the subject property sought the assistance of the city government to intervene for and in their behalf. Accordingly, the city government under Mayor Robredo intervened and negotiated with the Naga Centrum, Inc.

The proposal of Naga Centrum to sell to the city the 13,000 square meters of its lot at P300/sq.m was referred to the City Planning and Development Office, the City Assesors Office, and the Urban Poor Affairs Office to evaluate the reasonableness of the proposed amicable settlement, its price, and to conduct a field verification and survey of the property for sale.
Mayor Robredo contended that the purchase price of P3.9 million was determined reasonable and fair, considering that the appraised market value of the property was pegged at P340/sq.m., that could bring the purchase amount to P4.42 million, or P520,000 more than what city hall actually paid.

In rendering its decision, the Ombudsman noted that at the time of the purchase and the amicable settlement arrived at, complainant Aguinaldo was himself a member of the Sangguniang Panlungsod.

“Had the transaction been tainted with irregularity, it should not be the respondent Mayor and the representative of Naga Centrum, Inc. only who should be named as respondents, but also the Sangguniang Panlungsod (with Aguinaldo as member), acting as a collegial body when it ratified the amicable settlement through Resolution No. 94.220,” the Ombudsman said.