Ombudsman Imposes One-Year Suspension on Minglanilla Officials Over Permit Abuse
The Office of the Ombudsman has handed down a one-year suspension without pay against multiple officials from Minglanilla, Cebu, following a ruling that they abused their authority by blocking permits and a rehabilitation plan for two private companies. This decision stems from an administrative complaint filed by Jomara Konstruckt Corporation (JKCO) and Jomara Agri Foods and Supply Corporation (JAFSC), whose operations in Barangay Guindarohan were repeatedly halted due to city resolutions and permit denials.
Officials Found Guilty of Oppression and Grave Abuse
Suspended by the Ombudsman are Mayor Rajiv Enad, Vice Mayor Elanito Peña, Municipal Administrator Junrie Bragat, and nearly the entire Municipal Council. The council members include Oscar Cañares Dela Calzada Jr., Samuel Gordsin Adlawan Jr., Jesus Denoyo Velez, Jeremias Llanos Cañares, Jaime Secretarya Caumeran, Jenny Zafra Young, Jenifer Dejan Lariosa, Proserfina Laput Fajutrao, Petronilo Entera Traya, and Rick Ryan Zafra. The Ombudsman found strong evidence of oppression and grave abuse of authority in their actions.
Background: Land Cracks and Rehabilitation Efforts
In 2022, land cracks were discovered in Barangay Guindarohan, prompting the Department of Environment and Natural Resources (DENR) to issue a cease-and-desist order (CDO). In response, Jomara submitted a Rehabilitation Plan to address slope stabilization and drainage issues, aiming to prevent landslides. Experts from the Mines and Geosciences Bureau (MGB), Environmental Management Bureau (EMB), and the Provincial Environment and Natural Resources Office (PENRO) in Cebu reviewed the plan and deemed it safe and ready for immediate implementation. Consequently, the EMB granted permission to commence the work.
City's Unjustified Opposition and Business Paralysis
Despite the expert go-ahead, Mayor Enad and the Minglanilla Council rejected the plan and withheld permits. The council passed Resolution No. 96 in April 2024, expressing firm opposition to any permits for the companies. According to the Ombudsman, this move paralyzed the businesses, even though safety measures were urgently needed in the area.
Key Findings by the Ombudsman
The Ombudsman identified three major points in its investigation:
- The city lacked valid technical grounds to reject the recommendations from MGB and EMB.
- Jomara was obstructed, while other companies like JLTM and CMT Poultry were allowed to operate in the same area despite noted violations.
- The council's actions were considered an excessive use of power aimed at stifling legitimate business operations.
This ruling underscores the importance of adhering to expert advice and avoiding arbitrary decisions that harm economic activities and public safety.
