The Office of the Ombudsman has formally filed graft charges before the Regional Trial Court in Naga City against suspended officials of Minglanilla, Cebu, led by Mayor Rajiv Enad and Vice Mayor Elanito Peña, along with 10 councilors and the municipal administrator.
Ombudsman Finds Probable Cause
The Ombudsman found sufficient basis to charge them for violating Section 3(e) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, in connection with the alleged unjust refusal of a rehabilitation plan for an area in Sitio Napo, Barangay Guindarohan, Minglanilla.
Charged alongside Enad and Peña are councilors 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. Municipal Administrator Junrie Casquejo Bragat is also included in the complaint.
Background of the Case
The case stems 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. In December 2021, reports of ground fissures on a quarry site prompted the Mines and Geosciences Bureau (MGB) to conduct a geohazard assessment, leading the Environmental Management Bureau (EMB) to issue a cease-and-desist order (CDO) for the area.
In response to safety concerns, the complainants prepared a rehabilitation plan. Despite receiving support and technical recommendations from the MGB, EMB, and the Provincial Environment and Natural Resources Office (PENRO), the municipality of Minglanilla continuously blocked the plan. The Sangguniang Bayan (Municipal Council) eventually passed resolutions denying the rehabilitation plan and the complainants' application for a Special Waste Disposal Permit.
Conspiracy and Disregard for Expert Advice
The Ombudsman determined that the respondents acted with “concerted acts establish the existence of conspiracy” when council members “deliberately passed SB Resolution No. 271 series of 2022, denying the complainants’ Rehabilitation Plan and respondent Enad approved the same.” The resolution also stated that the respondents rejected and ignored the experts' recommendations.
“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,” according to the ruling.
The Ombudsman also found that the accused gave “unwarranted benefits, advantage or preference” to competitors “when they disregarded the EMB recommendations to implement the complainants’ rehabilitation plan.”
Current Status
Mayor Enad, Vice Mayor Peña, and the 10 councilors are currently serving a one-year preventive suspension issued by the Ombudsman in February this year.
