Wednesday, June 25, 2008 Ouano allowed works on private lots
A CONCRETE road in Mandaue city has been built on top of a privately-owned property, which is not allowed under the Commission on Audit (COA) rules, said City engineer Antonio Sanchez.
The property owners, one of whom is the former mayor Thadeo Ouano, granted perpetual road-right-of-way (RROW) to the city. But Ouano may still be held liable for anti-graft, said city consultant Francisco Amit.
A disbursement voucher shows that the city already paid P9,993,334.33 to ESR Construction for accomplishing 80 percent of road concreting works on the street. This is disadvantageous to the city, said Amit.
The road, worth P10 million, is 10-meter wide and 441.10 meters long. It is called Jovita O. Martinez St.” and connects A.C. Cortes Ave. to barangay Opao. The project was suspended due to RROW problems.
Engineer Maria Teresa Tibon, of the City Engineers Office, told Sun.Star Cebu that the street was concreted during Ouano’s term, though some portions of the stretch remains unfinished.
Mandaue City Mayor Jonas Cortes said this is one of the previous administration’s unfinished road projects. The project was awarded to a contractor despite the fact that site is located in a private property.
Arrangement
COA regional legal chief Nilo Pala said the city should modify its arrangement with the lot owners for the lot to be donated to the city.
Pala agreed with Sanchez that government funds should be spent for public purpose. He said the danger is that the owners of the private lots might change their minds or their heirs might prevent the public from using the road.
But former mayor Ouano, through his publicist Junjie Gonzales, insisted that the lot was donated to the government.
In its initial stage, the road project passed through the lots owned by Ernesto Ouano, Natividad Lumapas, Gloria Mahilum, Primitivo Tarona, Cielo Ouano Martinez,
spouses Thadeo and Linda Mabanag, spouses Fideliz Ouano and George Cuizon, spouses Babita Ouano and Edward Lim, spouses Michael Ouano and Sylvia Famador,
and Channel Products and Development Corp. represented by Ernesto Ouano.
The city appraised the affected lots and paid 85 percent of the total amount to Lumapas, Tarona and Mahilum. Ernesto’s 249-square meter lot will be donated to the city.
City’s favor
But other owners executed a “perpetual grant of right-of-way” in favor of the city. One of them is former mayor Ouano.
The city then passed Resolution No. 068-2001, which authorized mayor Ouano to accept and sign in behalf of the city the grant. The grantees were Ouano himself and his wife, Cielo Martinez, Fidelis and George Cuizon, Babita and Edward Lim, Michael and Sylvia Ouano, and Channel Products.
Genoveva Cabahug also executed the same grant for her lot. But this was not included in the resolution.
Separate grants
The Ouano siblings, Cuizon and Lim executed a joint perpetual grant, while Martinez, Cabahug and Channel executive separate grants.
Even if it is a perpetual grant, its effect remains the same, said Raul Cabahug, former barangay captain and a son Genoveva.
Cabahug advised Cortes to stop finding faults in the past as it might boomerang on him, since the mayor was part of the council that passed the resolution.
Cabahug is surprised why Cortes is complaining only now and not at that time he approved the resolution.
Cabahug said it was Ernesto Ouano, not the city, who bought the properties of Mahilum, Tarona and Omolon so Ouano could have access in going to his property.
He said that after acquiring these properties, and when mayor Ouano planned to construct road, Ernesto donated a portion of the lot for the project.
But after acquiring the lots, the project still had problems, said ESR Construction proprietor Edmario Revelo in his March 3, 2008 letter to the City Engineers Office.
He said: “Some issues on lot acquisition for the project which had earlier caused its suspension remained unsolved as of now. We therefore request that we be relieved of all our responsibilities in the project.”
ESR’s contract of public works started in May 2002. (OCP)