Mayor Codilla, 2 others file answers at Ombuds

by EVMail News on August 30, 2010

MAYOR ERIC CODILLA AND TOURISM REG’L DIRECTOR KARINA ROSA TIOPES are seen here during the 1st Eastern Visayas Tourism Officers Convention held at the New Ormoc City Hall.

• Says no political motivation in booting out Sacay

MAYOR ERIC Codilla, city administrator Dennis Capuyan and Superdome manager Simon Albino Racaza, who are facing a complaint for graft and corruption filed against them by a Superdome tenant, have filed their counter-affidavits already and are asking that the case against them be “ordered dismissed for utter lack of merit”.
To recall, one Roberto “Bobby” Sacay, proprietor of Chiebob’s Corner, a restobar joint operating at the Ormoc Superdome, filed the complaint against the three, claiming his business operations were unreasonably stopped by the three allegedly for political reasons. Sacay’s mother ran in the mayor’s opposition ticket last May 10 polls.
His business permit was not renewed and then his contract to lease was cancelled, he said in his complaint.  He was ordered to vacate the Superdome premises immediately after the elections.
Sanitary reasons were raised but he said he did not get any notice from the city health, and even had certifications from neighboring establishments that they did not have a complaint for sanitation against his business. Furthermore, he said it was the norm for Superdome tenants to use the Dome’s comfort rooms, a concern of Racaza and not his.
In their counter-affidavits, Mayor Codilla, Capuyan and Racaza admitted the existence of a contract between them and the complainant.
However, they pointed out that the contract specifically states that it “may be renewed on a yearly basis… over a three year period” but the “actual period or duration of the subject lease was clearly and fully specified to “commence on April 7, 2009 and will end on April 6, 2010”.
They said Sacay was misleading the Ombudsman to make it appear that the contract was for a period of three years.
They also denied that due process was denied to Sacay. Superdome manager Racaza said that as early as February 22, he had been advising Sacay that his lease contract was not going to be renewed already because of complaints on sanitation.
Sacay’s business permit was earlier denied, even with his payment of business license fees.  The renewal period for business licenses in Ormoc City is from January 1-21.
Mayor Eric Codilla, with regards to this allegation, said that the “payment was not proper or lawful and made with utmost bad faith on the part of the Complainant who had already been previously and repeatedly advised that his lease contract was not going to be renewed even as early as February 22.
He added that even as Sacay was not given a business permit, he “continued to operate his buisness even without the requisite business permit” which he pointed out was a “direct and willful violation of pertinent and existing city ordinances regulating the conduct of business in the city of Ormoc”.
As for political motives, Mayor Codilla added that the non-renewal of Sacay’s contract was made on the strength of the Ormoc Superdome Manager Racaza, whom he pointed out is the uncle of the complainant. Racaza’s wife Johan, is the sister of Sacay’s late father.
The mayor also said that Gaspar Sacay, another uncle, is the head security officer of former Cong. Eufrocino Codilla Sr. “even up to the present time”.
The mayor turned the tables on complainant Sacay, saying that the complainant “abused his rights and reneged on his responsibilities under the lease contract because he was banking on being shielded from any adverse consequences because of his familial ties and connections”.
City administrator Dennis Capuyan, as head of the city’s economic enterprises, also asserted everything they did was above board. By Lalaine M. Jimenea

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