Graft raps filed vs suspended Minglanilla mayor, 11 others

CEBU CITY, Philippines — The Office of the Ombudsman has elevated its case against suspended Minglanilla Mayor Rajiv Enad, Vice Mayor Elanito Peña, and 11 other municipal officials after formally filing graft charges before a Cebu court over their denial of a quarry rehabilitation plan.

In a press release issued on Monday, June 22, the Ombudsman said it found probable cause to charge Enad, Peña, 10 members of the Sangguniang Bayan, and Municipal Administrator Junrie Casquejo Bragat with a violation of Section 3(e) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act.

The criminal case, filed before the Regional Trial Court in Naga City, Cebu, stemmed from the local government’s repeated refusal to approve a rehabilitation plan covering an area in Sitio Napo, Barangay Guindarohan, Minglanilla.

READ: EXPLAINER: 12 Minglanilla officials suspended, including mayor, vice mayor; what’s next?

Charged alongside Enad and Peña were 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.

The Ombudsman also included Bragat in the indictment.

From suspension to prosecution

The filing is the latest development in a case that already led to the preventive suspension of Enad, Peña, and the 10 councilors for one year beginning February 2026.

The suspension created a leadership vacuum in Minglanilla and prompted the Department of the Interior and Local Government (DILG) to facilitate temporary leadership arrangements to ensure uninterrupted government services.

Under existing succession rules, then-First Councilor Lheslen Enad assumed the role of acting mayor following the suspension of the town’s top elected officials.

Quarry rehabilitation dispute

The case traces its roots to reports of ground cracks discovered above a quarry site in December 2021.

Following the reports, the Mines and Geosciences Bureau (MGB) conducted a geohazard assessment, which later prompted the Environmental Management Bureau (EMB) to issue a cease-and-desist order (CDO).

To address safety concerns, complainants Jomara Konstruct Corporation and Jomara Agri Foods and Supply Corporation submitted a rehabilitation plan for the affected area.

According to the Ombudsman, the proposal received support and technical recommendations from the MGB, EMB, and the Provincial Environment and Natural Resources Office (PENRO).

Despite those endorsements, the Municipality of Minglanilla repeatedly refused to approve the plan.

The Sangguniang Bayan eventually passed resolutions denying both the rehabilitation proposal and the complainants’ applications for a Special Waste Disposal Permit.

Ombudsman findings

In its resolution, the Ombudsman said the respondents acted with “evident bad faith, manifest partiality, or gross inexcusable negligence” when they rejected the rehabilitation plan despite the Department of Environment and Natural Resources’ partial lifting of the cease-and-desist order to allow its implementation.

The anti-graft body also faulted the officials for allegedly disregarding technical findings and recommendations from government experts.

“Not only did the respondents reject the recommendations of the DENR, but they also deliberately ignored the findings and recommendations of the PENRO, MGB, and the Sangguniang Barangay of Guindarohan, Minglanilla, Cebu,” the Ombudsman said in its ruling.

The Ombudsman further concluded that the respondents provided an “unwarranted benefit, advantage or preference” to competitors when they disregarded recommendations to implement the rehabilitation plan.

Investigators also found sufficient basis to establish a conspiracy among the respondents.

According to the Ombudsman, the municipal council members acted in concert when they passed Sangguniang Bayan Resolution No. 271, Series of 2022, denying the rehabilitation plan, while Enad subsequently approved the measure.

The Ombudsman dismissed the complaint against the acting Sangguniang Bayan secretary for lack of merit.

READ: Firm speaks up on suspension vs Minglanilla mayor, 11 others

What happens next?

With the filing of the criminal case, prosecutors will now seek to prove before the trial court that the officials violated the Anti-Graft and Corrupt Practices Act.

A finding of probable cause does not determine guilt. The respondents will have the opportunity to answer the charges and present their defense during court proceedings.

As of posting time, Enad had yet to issue a statement on the filing of the case.

CDN Digital sought his comment, but had not received a response.

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