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Ombudsman clears Magalong in another graft rap over land deal
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Ombudsman clears Magalong in another graft rap over land deal

BAGUIO CITY—Mayor Benjamin Magalong of this city has been cleared by the Office of the Ombudsman in another graft complaint involving a land purchase for low-cost housing.

The antigraft office’s order came shortly after he was earlier acquitted of misusing national funds to construct a multipurpose building that was mishandled by a contractor.

An investigative panel concluded there was “no probable cause to indict” Magalong for purchasing the 6.5-hectare adjoining properties of businessman William Tan Jr. and his daughter Hazel Dominique at Sitio Topinao, Barangay Poblacion in Benguet’s Tuba town. The area was identified in 2020 as part of the city’s land banking program for a housing project.

Former City Councilor Mylen Yaranon had accused Magalong of graft and grave abuse of authority in her complaint filed before Christmas last year, alleging the mayor proceeded with the purchase in 2023 without an endorsing city council ordinance or public bidding.

She also claimed Magalong ignored the need for geological testing due to the lots’ topography, as well as a property dispute involving one of Tan’s lots that was disclosed to the city council.

Sold through a negotiated P95-million deal, the Topinao lot is currently being evaluated by the Department of Human Settlements and Urban Development as a potential site for the government’s Pambansang Pabahay para sa Pilipino Program, Magalong said during a July 9 City Hall briefing. The site is projected to house 5,500 families.

No need for bidding

The Ombudsman’s Special Panel of Investigators, headed by lawyer Maria Olivia Elena Roxas, dismissed Yaranon’s complaint, concluding that the land acquisition did not require a mandatory bidding process and was already approved in 2020 through an ordinance endorsing that year’s Annual Investment Plan, which included a P120-million allocation for land banking.

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The panel also cleared Magalong of allegation that he gave the Tans undue advantage, citing Tan Jr.’s original sale offer to City Hall dated Jan. 4, 2020—before the Covid-19 outbreak—which allowed for either full payment in cash or 50 percent upon execution of the deed, with the balance payable within two years in 24 equal monthly installments.

The panel noted the court dispute involving one of Tan’s Topinao lots began a few days after the deed of absolute sale was executed, indicating there were no adverse claims at the time of sale.

The panel’s resolution was issued on Feb. 24 but the city government only obtained a copy on July 4.

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