Ombudsman files graft charges vs Enad, 12 others

CEBU, Philippines — The Office of the Ombudsman has formally filed graft charges against suspended Minglanilla Mayor Rajiv Enad, Vice Mayor Elanito Peña and 11 other local officials for deliberately blocking a quarry rehabilitation plan despite clearances from national environmental agencies.

The indictment, filed before the Regional Trial Court in the City of Naga, Cebu, charges the officials with violating Section 3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019).

The case stems from the local government’s repeated refusal to approve a safety and rehabilitation plan submitted by Jomara Konstruct Corporation and Jomara Agri Foods and Supply Corporation for an area in Sitio Napo, Barangay Guindarohan.

After ground cracks were discovered atop a quarry in December 2021, the Environmental Management Bureau (EMB) issued a Cease-and-Desist Order (CDO). In response, the companies drafted a rehabilitation plan that secured technical backing from the EMB, the Mines and Geosciences Bureau (MGB), and the Provincial Environment and Natural Resources Office (PENRO).

Despite these expert endorsements and the Department of Environment and Natural Resources (DENR) partially lifting the CDO to allow the repairs, the Minglanilla municipal council passed resolutions rejecting the plan and the companies' applications for a Special Waste Disposal Permit. Mayor Enad subsequently approved the denial.

The Ombudsman ruled that the officials 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,” the Ombudsman's resolution stated.

The anti-graft body noted that the officials provided an "unwarranted benefit, advantage or preference" to competitors by ignoring the EMB's directives. It further emphasized that the respondents' “concerted acts establish the existence of conspiracy.”

Alongside Enad and Peña, the charged officials include Municipal Administrator Junrie Casquejo Bragat and 10 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.

A separate complaint against the acting Sangguniang Bayan secretary was dismissed for lack of merit.

Enad, Peña and the 10 indicted councilors are currently serving a one-year preventive suspension issued by the Ombudsman in February over the same controversy.

Meanwhile, JOMARA Konstruct Corporation welcomed the anti-graft office’s decision to elevate the case before the court.

In a statement, the company said the development marks a significant step in a matter that has undergone legal and regulatory proceedings for several years. It added that the move allows the issues raised by all parties, along with the findings and recommendations of concerned government agencies, to be properly examined in a judicial forum.

JOMARA clarified that the Ombudsman case is separate and distinct from public discussions related to landfill operations.

It stressed that the issue centers on the repeated denial of its proposed Rehabilitation Plan following geohazard findings, despite recommendations from technical government agencies, including offices under the DENR.

The company noted that, as cited in the Ombudsman’s announcement, the findings took into account the recommendations of environmental and technical agencies, as well as the circumstances surrounding the denial of the proposed rehabilitation measures.

JOMARA reiterated its position that environmental concerns should be addressed through science-based assessments, expert recommendations, and established regulatory processes. It also expressed respect for all parties involved and confidence that the judicial process will proceed independently and fairly.(CEBU NEWS)