Prosecutor Sandra Patricia Orjuela charged Gorky Muñoz Calderón, former Neiva mayor, José Eustacio Rivera Montes, and Daniel Fernando Martínez Falla with prevarication by action. The three allegedly illegally expanded the urban perimeter by incorporating 1,630 plots via Decree 1066 and Resolution 059 of 2023. The move was disguised as correcting cartographic inaccuracies but structurally altered the Territorial Ordering Plan (POT).
The charges were filed before the Fourth Municipal Criminal Judge acting as guarantees control. Prosecutor Orjuela stated that the accused operated “under the technical guise of ‘clarifying inaccuracies’” to incorporate 1,630 plots, equivalent to 530.0676 hectares, from rural and urban expansion land into the urban perimeter. This changed land uses, urban densities, and zoning without technical studies, coordination with CAM, or Municipal Council approval, breaching Law 388 of 1997.
The administrative acts were issued in late December 2023, just before Muñoz Calderón's term ended. They used a non-existent map, LFU-22—the original POT (Agreement 026 of 2009) only went up to FU-21—to justify the expansion. A key case is Lot 38, owned by Acción Sociedad Fiduciaria S.A., added via Resolution 059 without legal authority from the charged directors.
Current mayor Germán Casagua revoked Decree 1066 on January 17, 2024, and requested criminal and disciplinary probes. He also asked curatorships to halt licenses on affected plots. Numerous construction license applications were filed in those areas between December 2023 and January 2024.
Orjuela described the actions as stemming from “whim and arbitrariness,” constituting prevarication in homogeneous concurrence by co-authorship with intent. The accused remained silent, and their lawyers said they would not accept charges. The hearing was suspended.
