Badian mayor, 2 execs face raps before Ombudsman

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Mayor Carmencita Lumain and two other municipal officials have been charged with administrative and criminal offenses before the Office of the Ombudsman Visayas for their alleged failure to stop an illegal construction on a private seaside property in Badian, Cebu.

The charges against Lumain include grave misconduct, inefficiency and incompetence in the performance of official duties, refusal to perform official duty, conduct prejudicial to the best interest of the service and Article 208 of the Revised Penal Code for malicious delay in the prosecution of offenses, negligence and tolerance.

The same charges were lodged against Office of the Building Official head Vicente Jojie Nellas and Municipal Environment and Natural Resources Office head Manolito Recopelacion. (

The complainant, Gilbert Yap, president of Redwood Heritage Landholdings Corp., filed the complaint before the anti-graft office in Cebu City on May 2.

In his complaint-affidavit, Yap said that he bought Lot 3377-C in Barangay Lambug in 2021 with documents proving his ownership but it was allegedly illegally occupied by eight individuals and a security agency.

The individuals allegedly built illegal structures without a building permit and encroached on the 40-meter easement zone from the sea.

Yap notified the Office of the Mayor about the illegal structures on his Lambug property. Lumain issued a cease and desist order on August 19, 2022 to stop the illegal construction.

Even after the CDO was given, the occupants remained on Yap’s property, prompting a civil case to be initiated against them.

Yap said he had already written eight letters to the Office of the Mayor, OBO, Provincial Environment and Natural Resources Office, and other government agencies.