Beleaguered Narra Mayor Gerandy Danao has filed a “verified answer with urgent motion to dismiss” the administrative case filed against him by Citinickel Mines and Development Corporation in November 2021 for violating the anti-red tape law.

“Wherefore, premises considered, respondent respectfully prays that the case be immediately dismissed for lack of jurisdiction, violation of the rule against forum shopping, “litis pendentia” and or double jeopardy, and or for lack of merit. Other relief, just or equitable under the premises are also prayed for,” Danao said in his relief prayer.

In an 8-page motion to dismiss, Danao stated that the Provincial Board has no jurisdiction over the complaint, as the Office of the Ombudsman had already taken cognizance of a similar complaint. This complaint is still pending before the OMBUDSMAN-L-A-21-0044 case, titled “Citinickel vs. Gerandy B. Danao,” which revolves around the same factual allegations related to Citinickel’s 2020 business permit.

“It would only pre-empt the proceedings before the Ombudsman,” Danao said.

Danao said that Citinickel had withdrawn the complaint as the corporate secretary had already issued a secretary’s certificate dated August 23, 2023.

“In any event, there is no factual and legal basis to administratively charge respondent because the cited requirements are not additional requirements but integral and essential part in determining whether complainant has fully paid its taxes and dues to the LGU, which is one of the basic requirements prior to the renewal of a business permit,” Danao said.

Danao noted that apart from the case before the Provincial Board, Citinickel had previously filed a Joint Administrative and Criminal Complaint with the Ombudsman on February 14, 2020.

On April 5, 2022, the Ombudsman proceeded to issue a six-month suspension order.

Danao had filed a motion for reconsideration, which “is still pending and unresolved to date.”

On February 23, 2023, Citinickel filed a motion to withdraw its complaint.

“Hence, the complaint is now moot. Complainant Citinickel itself has manifested that it is no longer interested in pursuing this case., thereby evincing the absence of any damage and prejudice on its part,” Danao said.