BAGUIO CITY – Mayor Benjamin B. Magalong was recently charged for grave misconduct, grave abuse of authority, conduct prejudicial to the best interest of the service and violation of the pertinent provisions of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act in relation to the questionable purchase by the local government of a parcel of land in sitio Topinao, Tuba, Benguet.
In her 19-page complaint filed before the Office of the Ombudsman, Councilor Maria Mylen Victoria G. Yaranon prayed for the preventive suspension of the local chief executive upon the filing of the complaint to stop him from causing further damages to the city.
She also said that after due hearing, the Ombudsman should file an information for violation of Section 3€ of RA 3019 against Mayor Magalong before the Sandiganbayan and order his removal or dismissal from his current position for grave misconduct, grave abuse of authority, conduct prejudicial to the best interest of the service and violation of RA 6713 or the Code of Conduct for Public Officials and Employees.
Records showed that on April 22, 2023, the city council enacted Ordinance No. 42, series of 2020 that reverted to the general fund the amount of P704.1 million and reappreciating the same amount for the funding of various priority projects under the city’s annual investment plan for 2020 where P120 million was appropriated for the purchase of land in Topinao, Tuba, Benguet.
Earlier on January 4, 2020, William Tan, Jr. wrote the city mayor offering to sell his lot and that of his daughter, Hazel Dominique Tan, located in Topinao at P1,500 per square meter net, which means that the buyer shall be responsible for the payment of capital gains tax and documentary stamp tax with the Bureau of Internal Revenue (BIR), transfer tax with the municipal assessor of Tuba and registration expenses with the Office of the Register of Deeds of Baguio City.
Yaranon claimed that the aforesaid letter already showed that Tan and Magalong had previous discussions already on the possible sale of the former’s real properties a week before the said letter or 4 months before the P120 million for the said purpose was appropriated by the council.
On March 23, 2022, the mayor wrote the council requesting for an authority to sign for the local government the deed of absolute sale for the purchase of the lots covered by several titles with an area of approximately 64,000 square meters with a total consideration of P95.3 million.
Yaranon pointed out that in an obvious display of personal interest for the immediate purchase of the said lots by the city, the mayor again wrote the council for the second time on April 30, 2022 requesting for an authority to sign for the city the added of absolute sale of the purchase of the lots.
As a result of successive and urgent letters of the mayor requesting for an authority to sign the deed of absolute sale, the council held a session in aid of legislation on April 25, 2022 inviting several city officials to shed light on the said purchase being diligently pursued by the mayor.
Among the disclosures during the said session include the fact that there are three access roads to the property, two of the same are still being opened as farm to market roads which are not cemented and rocky; the third access road is via Sta. Lucia subdivision but being a private residential area, the consent of the corporation is required for residents of Topinao to pass in the said area; the geohazard study made showed that most part of the properties are steeply sloping and that slope stability analysis should be conducted to come up with appropriate slope stabilization measures in order to mitigate the possible occurrences of slope failures; the property is located in a seismically active region, as such, seismic hazard study should be included in the geohazard assessment and that the time of the inquiry, there is no report yet on the study on the slope stability analysis to come up with appropriate slope stabilization measures.
On May 23, 2022, the council held another session in aid of legislation inviting certain city officials to shed light on the aforesaid purchase being diligently pursued by the mayor.
Among the findings during the said session include the fact that the project is not part of the 5-year development plan of the local government; the City Planning Officer admitted that as of that time, the city cannot define the specific purposes of the purchase; the slope of the lot sought to be purchased are like letter V and on the lower part of the slopes is a creek or a river and they cannot determine the buildable area available; there are at least six offers from Baguio lot owners for the city to buy for housing and other purposes; the lot to be purchased is classified by the Tuba municipal government as agricultural and not residential, commercial or industrial; there was no feasibility study made on the use of the property being bought by the city and that the city executives will study the plan later; there is no seismic hazard study yet; the passage of the people in the lot to be purchased to the access road to the subdivision is not clear;
On January 10, 2023, Magalong, without a resolution passed by the council authorizing him to enter into a contract for the purchase of the lots of the Tans, executed a deed of absolute sale for the purchase of the said lots for a consideration of P95.3 million net of all taxes, fees and charges.
Despite the fact that the seller’s offer to the city was 50 percent of the consideration shall be paid at the time of execution of the deed of absolute sale and the 50 percent balance shall be paid in 24 equal installments in a span of two years, the mayor allegedly paid the entire consideration of P95.3 million to the sellers within 13 days from execution of the deed of absolute sale.
However, on January 24, 2023, the clients of Baldas, Luis, Capuyan and Cayadan law offices filed a quitting of title case against the Tans before the Municipal Circuit Trial Court of Tuba and Sablan where they pointed out that the lot being sold by the Tans to the city were involved in an ejectment case they filed against the spouses before the MCTC of Tuba which was decided in their favor. The MCTC decision was affirmed by the Regional Trial Court (RTC) Branch 8.
Further, the original title of the Tans which they offered to the mayor in their earlier letter is also the subject of another case for correction of technical description now pending before RTC 63 but was later dismissed. The said titles were allegedly changed without the benefit of a court order.
According to her, as a result of the unauthorized sale and to shed light on the Lis Pendens annotation on the titles of the lots being bought by the city, the council invited certain officials during their regular session on May 29, 2023 and June 5, 2023.
Despite the lapse of more than four months from the execution of the deed of absolute sale and full payment by the city of the consideration of the sale amounting to P5 million, the titles were not yet transferred in the name of the city because of the incomplete documents.
Moreover, no conversion proceedings was initiated yet before the Department of Agrarian Reform (DAR) for the conversion of the lots from agriculture to residential or industrial considering that the same is allegedly intended for housing and commercial areas like the export processing zone.
When city officials went to the area, they were informed by the residents in the area that there is a case pending involving the lots purchased by the city.
Worst, there is a Liz pendens annotated in one of the questioned titles and that the same is still existing.
On September 12, 2023, the titles of the two lots subject of the deed of absolute sale were issued by the Registry of Deeds of Benguet. However, one of the titles carries an annotation of Lis Pendens.
Yaranon also sought the mayor being penalized for violation of RA 6713 or the Code of Ethical Standards for Public Officials and Employees because he allegedly violated the norms of behavior of public officers by his above acts and as such , he should be punished to serve as an example for others in the government. Contributed article
