• CHRYSEE G. SAMILLANO
A Bacolod businessman has filed criminal and administrative complaints, before the Office of the Ombudsman in the Visayas, against three department heads of Bacolod City, including the city fire marshal, and two other employees, for allowing the establishment of shanties on the road of their property along Burgos Extension, Bacolod City, therefore, denying them the free use of the said road lot.
Ricardo “Cano” Tan has filed a criminal complaint for violation of Section 3 (E) of R.A. 3019, and an administrative complaint for grave abuse of authority, grave misconduct, and dereliction of duty, against Stela Rose Rayos, head of the City Business Permits and Licensing Office; Isidro Sun, head of the Office of the Building Official; City Health Officer Dr. Carmela Gensoli; sanitation inspector Mericar Ana Parreno; SFO2 Myron Gallo, Fire Safety Enforcement Section chief; and Bacolod Fire Marshal FCINP Stephen Jardeleza, on April 8.
In his complaint-affidavit, Tan said they acquired a five-door townhouse at Burgos Extension, Brgy. Villamonte, Bacolod City because it has two frontages, ideal for business purposes. But despite the additional amount they paid in order to enjoy the advantage of their property having two frontages, they were deprived of the same since shanties were allowed to occupy the road, denying them of the free use and enjoyment of the said road lot.
He said they have already made several complaints with the City Government of Bacolod, especially during the time of then President Rodrigo Duterte, who instructed all local governments to clear all roads of illegal structures, but it simply fell on deaf ears.
Worst, it has been observed that the shanties are being used for commercial purposes, most notable of which is the Acebuche Lechon Baboy stall, with its imposing structure right at the middle of the road, Tan said.
They also learned sometime in July 2023 that the owner of the said business was applying for a business permit with the City Government of Bacolod. So he requested Councilor Al Victor Espino, chair of the Committee on Laws, Ordinances and Good Government, to accompany him to complain about the operation of the lechon stall situated on the road, and its application for a business permit with the City Permits and Licensing Office (CPLO), he said.
Tan said, however, that despite the assurance of CPLO head Stela Rose Rayos that they will not recommend for the issuance of a business permit, since the lechon stall is an illegal structure, and should be closed and removed, the Acebuche Lechon Stall is still operating as such, in violation of the local ordinances of the city government.
Several months have passed but no action was taken by the BPLO, despite several follow ups made, he said.
Tan said that lately, the BPLO already recommended to the Mayor the issuance of a business permit to Acebuche Lechon Baboy Stall, despite his complaint and the fact that the structure is situated at the middle of the road lot.
He said the recommendation for issuance of the business permit in favor of Acebuche was made possible through the indispensable participation and conspiracy of the City Health Office, Office of the Building Official, and Bureau of Fire Protection-Bacolod.
The abuses and inaction on his complaint, by the above officials of the city and national government have not only brought misery, suffering, and discomfort on his personal well-being as a private real property owner, but also violated his rights as a taxpayer and as a law-abiding citizen of the city, Tan said.
“It is indubitable that the above-named city and national government officials are likewise, criminally liable for violation of the Anti-Graft and Corrupt Practices Act for giving undue injury to me, and for giving unwarranted benefits, advantage and preference to Acebuche Lechon Baboy Stall,” he added.*
