Ombudsman files graft raps vs suspended Minglanilla officials
At A Glance
- The Ombudsman said it found probable cause to charge them for violation of Section 3(e) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, over the alleged improper denial of a Rehabilitation Plan for an area in Sitio Napo, Barangay Guindarohan, Minglanilla.
The Office of the Ombudsman has filed graft charges before the Regional Trial Court in Naga, Cebu against suspended Minglanilla, Cebu Mayor Rajiv Enad, Vice Mayor Elanito Peña, 10 Sangguniang Bayan members, and the municipal administrator.
In a statement on Monday, June 22, the Ombudsman said it found probable cause to charge them for violation of Section 3(e) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, over the alleged improper denial of a Rehabilitation Plan for an area in Sitio Napo, Barangay Guindarohan, Minglanilla.
Named respondents include councilors and Sangguniang Bayan members Oscar Cañares Dela Calzada Jr., Samuel Gordsin Adlawan Jr., Jesus Denoyo Velez, Jeremias Llanos Cañares, Jaime Secretarya Caumeran, Jenifer Dejan Lariosa, Proserfina Laput Fajutrao, Jenny Zafra Young, Petronilo Entera Traya, and Rick Ryan Zafra.
Also included in the indictment is municipal administrator Junrie Casquejo Bragat.
The complaint stemmed from the local government’s repeated refusal to approve a Rehabilitation Plan submitted by complainants Jomara Konstruct Corporation and Jomara Agri Foods and Supply Corporation.
Following reports of ground cracks atop a quarry in December 2021, the Mines and Geosciences Bureau (MGB) conducted a geohazard assessment, prompting the Environmental Management Bureau (EMB) to issue a Cease-and-Desist Order (CDO).
The complainants later prepared a Rehabilitation Plan in response to safety concerns.
Despite technical support and recommendations from the MGB, EMB, and the Provincial Environment and Natural Resources Office (PENRO), the municipal government repeatedly blocked its approval.
The Sangguniang Bayan later issued resolutions denying both the Rehabilitation Plan and the complainants’ applications for a Special Waste Disposal Permit.
In its resolution, the Ombudsman said the respondents acted with “evident bad faith, manifest partiality, or gross inexcusable negligence when they disapproved the complainants’ Rehabilitation Plan despite DENR’s partial lifting of the CDO for its implementation.”
“Not only did the respondents reject the recommendations of the DENR, they also deliberately ignored the findings and recommendations of the PENRO, MGB and the Sangguniang Barangay of Guindarohan, Minglanilla, Cebu,” it added.
The Ombudsman further said the respondents gave “unwarranted benefit, advantage or preference” to competitors when they disregarded EMB recommendations.
It also found that the respondents’ “concerted acts establish the existence of conspiracy” when the Sangguniang Bayan passed Resolution No. 271, series of 2022, denying the Rehabilitation Plan, which was approved by Enad.
The complaint against the acting Sangguniang Bayan secretary was dismissed for lack of merit.
Enad, Peña, and the 10 municipal councilors are currently serving a one-year preventive suspension issued by the Ombudsman in February this year.