Lim happy about case dismissal
Manila Mayor Alfredo S. Lim is now happy with the recent dismissal of the complaint against him and Vice Mayor Francisco "Isko Moreno" Domagoso claiming that the complaint by the Social Justice Society filed before the Ombudsman's office was "politically motivated from the very start."
The complaint on conduct prejudicial to public interest and violation of oath office was filed by the SJS advocates represented by Atty. Vladimir Alarique Cabigao, a candidate for councilor in the party of Lim's opponent Joselito Atienza Jr. The case alleged that Lim and Moreno, in signing Ordinance No. 8187 which amended Ordinance 8027 reverting to industrial classification the land use of the Pandacan oil depot, indirectly repealed a Supreme Court decision in SJS Vladimir Alarique T. Cabigao and Bonifacio Tumbokon vs. Jose L. Atienza Jr.
Ombudsman Ma. Merceditas N. Gutierrez, who signed the resolution, cited Section 20 of RA 6770, otherwise known as The Ombudsman Act of 1989 where "the Office of the Ombudsman may not conduct the necessary investigation of any administrative act as it is believed that the complainant has an adequate remedy in another judicial or quasi-judicial body and the complaint pertains to a matter outside the jurisdiction of the Office of the Ombudsman…"
The resolution added: "In charging Mayor Lim and Vice-Mayor Domagoso, Cabigao is actually actually questioning the validity or constitutionality of Ordinance No. 8187 which the two had signed. And the Ombudsman’s office is not the office to rule on said issue.Furthermore, the complaint is under the power of the Supreme Court as it pertains to the constitutionality of the ordinance signed."
The complaint on conduct prejudicial to public interest and violation of oath office was filed by the SJS advocates represented by Atty. Vladimir Alarique Cabigao, a candidate for councilor in the party of Lim's opponent Joselito Atienza Jr. The case alleged that Lim and Moreno, in signing Ordinance No. 8187 which amended Ordinance 8027 reverting to industrial classification the land use of the Pandacan oil depot, indirectly repealed a Supreme Court decision in SJS Vladimir Alarique T. Cabigao and Bonifacio Tumbokon vs. Jose L. Atienza Jr.
Ombudsman Ma. Merceditas N. Gutierrez, who signed the resolution, cited Section 20 of RA 6770, otherwise known as The Ombudsman Act of 1989 where "the Office of the Ombudsman may not conduct the necessary investigation of any administrative act as it is believed that the complainant has an adequate remedy in another judicial or quasi-judicial body and the complaint pertains to a matter outside the jurisdiction of the Office of the Ombudsman…"
The resolution added: "In charging Mayor Lim and Vice-Mayor Domagoso, Cabigao is actually actually questioning the validity or constitutionality of Ordinance No. 8187 which the two had signed. And the Ombudsman’s office is not the office to rule on said issue.Furthermore, the complaint is under the power of the Supreme Court as it pertains to the constitutionality of the ordinance signed."
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