Bacolod lawmaker, 10 others face complaints over old city hall demolition

NEGROS OCCIDENTAL, Philippines – Bacolod City Representative Alfredo Abelardo “Albee” Benitez and 10 others are facing criminal and administrative complaints with the Office of the Ombudsman over the demolition and reconstruction of the old city hall.

Former city executive assistant on market operations Ernesto Novo Pineda filed the complaints with the Ombudsman, citing alleged violations of the Anti-Graft and Corrupt Practices Act, Commission on Audit’s rules and regulations, the Government Procurement Reform Act, the National Cultural Heritage Act of 2009, and technical malversation.

Pineda’s nine-page complaint was filed with the Office of the Ombudsman-Visayas in Cebu City on October 27, but was only made public on Friday, December 5.

Aside from Benitez, other respondents named in the complaint include Vice Mayor Claudio Jesus Raymundo Puentevella and councilors Jude Thaddeus Sayson, Israel Salanga, Em Ang, Al Victor Espino, Celia Matea Flor, Psyche Marie Sy.

Also facing the complaints are former councilors Vladimir Gonzalez and Simplicia “Simple” Distrito, and contractor Elwin Javelosa Jr., president and general manager of ESI and Sons Construction and Construction Supply.

The complaints stemmed from the city government’s demolition and reconstruction of the old city hall at the downtown corner of Luzuriaga and Araneta streets, which began in August 2024, when Benitez was the city’s mayor.

In his affidavit, Pineda said Appropriation Ordinance (AO) No. 06-2023 specified that the P223 million from the city government’s P4.1-billion loan from the Development Bank of the Philippines in 2023 was intended only for the rehabilitation and improvement of the old city hall.

“But what the city and its winning contractor did was they demolished and reconstructed a city hall, a far different from what is stated under AO No. 06-2023,” Pineda said.

He added that the city government demolished the 83-year-old L-shaped, three-story building, including the “Fountain of Justice” within the compound, without clearance from the National Historical Commission of the Philippines. 

Both the building and the fountain, constructed in 1968, are considered historical heritage sites. The fountain is particularly significant as it marks the location where Spanish colonial rule in Negros ended with the signing of the Acta de Capitulation (Document of Surrender) on November 6, 1898.

Under the National Cultural Heritage Act of 2009, structures over 50 years old are automatically considered “Important cultural properties,” protected from modification or demolition without NHCP approval.

Pineda also said the city government added P190 million to the project from a March 2025 supplemental budget, requested by then-mayor Benitez, to fund finishing works for five major projects, including the old city hall reconstruction. He was elected as Bacolod congressman in May.

“Since the P190 million was not included in AO 06-2023, this particular amount should also be subjected to another bidding, but the city has failed to do so,” Pineda said.

He said the additional funding exceeded the 10% variation limit under the Government Procurement Reform Act, as the P190 million represented more than 80% of the original P223 million contract, and accused the respondents of conspiring for its illegal release.

Rappler sent messages to Benitez via Viber but received no response as of posting time. We tried calling him on Monday, December 8, but he did not answer. 

Vice Mayor Puentevella, for his part, said, “I haven’t received the copy of the complaint yet. So, I have to read it first before I can comment.” 

Another local official, Councilor Flor, expressed surprise, but also declined to comment, saying she also needs to see and read the complaint first. 

The old city hall is also subject to a pending lawsuit, Civil Case No. 09-13457, at the Regional Trial Court Branch 50 in Bacolod. The heirs of the late Don Jose Ruiz de Luzuriaga are seeking to reclaim the 3,200-square-meter property, claiming the city government erred in using it for city hall since 1968.

The heirs, represented by lawyer Joemax Ortiz, said the old city hall must host the mayor’s office under the Deed of Donation, and violation constitutes breach of contract. 

Ortiz said court hearings are near conclusion. Benitez’s team has claimed the property originally belonged to the provincial government and was reportedly sold to the Bacolod local government in 1932, though no documents support this.

This is the third time Benitez has faced a graft complaint before the Ombudsman. In August, broadcaster Roland “Rolly” Baliguat filed a complaint over the city’s P2.1 billion smart command system project, which Benitez’s camp dismissed as politically motivated. In March, broadcaster Roger Ledesma filed a complaint regarding the city’s P971.86 million land purchase in Barangay Granada, which Benitez also denied.

The Ombudsman earlier ordered Benitez and other respondents in the previous complaints to submit their responses without appeal or motion to quash. – Rappler.com