JUST when the city council is perceived to be a rubber-stamp of the administration, the shadow of Councilor Mylen Yaranon, our diminutive alderperson, loomed large upon our city’s landscape as she filed before the Office of the Ombudsman her Affidavit-Complaint against our popular Mayor Benjie Magalong, regarding the purchase of a piece of land in Topinao, Tuba, Benguet.
In her Affidavit-Complaint, Councilor Mylen alleged that Mayor Benjie violated Section 3(a) of Republic Act No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, which is a criminal complaint, and Grave Misconduct, Grave Abuse of Authority and Conduct prejudicial to the Best Interest of the Service and Section 4 of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and employees), which is an administrative complaint, both emanating from the Topinao land sale.
Councilor Mylen stated that on April 22, 2020, the city council reverted to the general fund of the city the amount of PhP704,190,392.00 and reappropriated the said amount for the funding of various projects under the City’s Annual Investment Plan for the Fiscal Year 2020, one of which is the purchase of Land in Topinao, Tuba, Benguet for the amount of PhP 120,000,000.
Before the said action of the city council, Mr. William Tan Jr. wrote a letter dated January 4, 2020, to Mayor Benjie, offering to sell his lot and that of his daughter, Hazel Dominique Tan, their property in Topinao, Tuba, Benguet, for a net amount Php1,500.00 per square meter, payable on installment – 50 percent of the amount upon execution of the deed of sale and 50 percent payable in 24 equal monthly installments for one year.
Mayor Benjie wrote two successive letters (on March 23, 2022 and April 13, 2022), to the city council, seeking permission to sign a Deed of Absolute Sale with the Tans. The city council conducted special sessions regarding the letters of Mayor Benjie. However, no authority was given to Mayor Benjie, who did not, however, pursue the request. In the said special sessions attended by Mayor Benjie, the City Legal Officer, City Assessor, City Planning and Development Coordinator, and the City Budget Officer, it was shown, among others, that, there were three access roads to the property – two of which are still being opened as farm-to-market roads, which are not cemented and are rocky; the third requires the consent of adjoining owner Sta. Lucia Dev. Corp. for its use.
The geo-hazard study made by DENR was also presented showing that the most part of the land was steeply sloping; seismic hazard study needs to be conducted; the project is not part of the five-year development plan of the city; at that time, there was no specific purpose for the purchase and definite use of the land; there were at least six offers from Baguio lot owners for the city to buy for housing and other purposes.
Councilor Mylen also alleged that the subject land of the Tans is the subject of a case in court for which a notice of “lis pendens” is annotated on the titles of the property.
Councilor Mylen thus alleged that Mayor Benjie did not only cause “undue injury to the city but also gave the Tan’s unwarranted benefit and advantage” because: 1) even before the passage of the ordinance appropriating the amount of PhP120,000,000.00 for the purchase of a land for housing and for other purposes last April 22, 2020, he was already negotiating with the Tans, to the exclusion of others; 2) Mayor Benjie did not inform the public of the city’s desire to buy a land for housing; 3) Mayor Benjie did not conduct a public bidding despite the offer of at least six other landowners in Baguio; 4) the purchase price was “scandalous” because the land had no access road; thus, the city must spend millions of pesos to construct them, the sloping topography which shows that almost 1/3 of the land is not suitable for residential use, the purchase price being net of all taxes and other expenses relative to the transfer of ownership, the city will be paying them which will cost about PhP10,000,000.00; Mayor Benjie paid the full amount of the purchase price despite the offer of the Tans that the City may pay in installment.
As to her allegation that Mayor Benjie acted in bad faith and inexcusable negligence when he signed the Deed of Absolute Sale without the authority of the city council, Councilor Mylen stated that: 1) He did not conduct due diligence to determine if the land was involved in a court case, including its metes and bounds, the titles and land areas; and without allowing other landowners offering to sell their lots to submit their proposals.
It will be interesting to read the counter-affidavit of Mayor Benjie to these serious allegations of Councilor Mylen. A friend told me that had I listened to the privilege speech of Councilor Molintas, we would have an inkling as to the defense of Mayor Benjie. After all, now they appear to be partymates.
