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Thursday, December 23, 2004
Sandigan dismisses charges vs. Creus
By Jeanette P. Malinao
Sun.Star Staff Reporter
Malabuyoc Vice Mayor Lito Narciso Creus is acquitted of the usurpation charges filed against him for issuing a dredging permit in August 2000 when he was still mayor of the southern Cebu town.
The Sandiganbayan Third Division, in an 18-page decision promulgated last Dec. 17, ruled that the prosecution failed to prove his guilt beyond reasonable doubt that he usurped the authority of the provincial governor.
In its order, the Sandiganbayan lifted the departure ban against Creus and told the Bureau of Immigration to cancel his name in the hold-departure list.
The case stemmed from Creus’ issuance of a mayor’s permit granting PLD Construction authority to do dredging and rechanneling works in Salering River.
Creus allegedly usurped the authority and function of the governor, “who is the one empowered and authorized to issue permits and authority for the extraction of sand and gravel and for the dredging of river beds in the province.”
Laws cited to support the complaint were the Local Government Code and the Philippine Mining Act of 1995.
But the Sandiganbayan upheld the defense of Creus, who cited a local chief executive’s powers for general welfare under Section 444 of the Local Government Code.
“Whether it is the provincial governor or the DENR who has the authority to issue a dredging permit, there is no question that the mayor has the power to issue mayor’s permit for all the activities that will be done within (his territory),” read the order.
“It is the PLD Construction which has the obligation to secure a dredging permit from the Office of the Governor or DENR after securing the mayor’s permit. The failure of PLD Construction to secure a permit from the proper authority is the fault or omission of PLD Construction and not that of the accused,” it added.
In a press statement, Creus said the “malicious accusation” was instigated by his political detractors, whom he defeated in the elections of 1995 and 1998.
Creus said the opposition “resorted to character assassination and harassment” against him “after sensing that they could not win in a fair electoral battle.”
The vice mayor further said that the outcome of last May’s elections was his “vindication.” His wife, Daisy, was elected mayor, while a son was also elected as first councilor.
(December 23, 2004 issue)
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