Enad: Graft case stems from safety, not corruption

CEBU CITY, Philippines — Suspended Minglanilla Mayor Rajiv Enad on Monday rejected corruption allegations after the Office of the Ombudsman filed graft charges against him and 12 other municipal officials.

Enad said that their controversial decision to block a quarry rehabilitation plan stemmed from concerns over public safety and environmental protection.

Hours after the Ombudsman announced the filing of charges before the Regional Trial Court in Naga City, Cebu, Enad defended the actions of the municipal government and denied that the case involved theft, bribery, or misuse of public funds.

“We are not being charged with dishonesty or theft of public funds. Kining kasoha walay pasangil nga kami nangaw-kaw sa kwarta sa katawhan. Wa mi pasanginli nga nangawat. Wa pod mi gi-akusar nga nangorakot,” Enad said in a statement.

(This case does not accuse us of stealing the people’s money. We were not accused of theft. Neither were we accused of accepting bribes.)

READ: Graft raps filed vs suspended Minglanilla mayor, 11 others

Enad argued that the case arose from the local government’s decision to prioritize the welfare of residents and the protection of the environment amid concerns surrounding a quarry site in Barangay Guindarohan.

“The graft case filed against the members of the Municipal Council and me did not stem from greed or personal gain, but from our sincere desire to protect the lives of the people of Minglanilla and to safeguard the environment,” he said.

While acknowledging the emotional toll of the charges, Enad said he and the other respondents would answer the allegations in court.

“Dili nako malimod nga sakit ni para namo, but we will face this challenge through the proper legal process,” he said.

(I cannot deny that this is painful for us, but we will face this challenge through the proper legal process.)

READ: EXPLAINER: 12 Minglanilla officials suspended; what’s next?

“We will continue to respect the law and the institutions tasked to uphold it, even as we remain steadfast in upholding our sworn duty to serve and to protect.”

“Limpyo ang among konsensya. Tin-aw ang among katungdanan ug baruganan: Katawhan Una sa Tanan.”

(Our conscience is clear. Our duty and principles remain clear: People First Above All.)

Ombudsman files charges

The statement came after the Office of the Ombudsman announced that it had found probable cause to charge Enad, Vice Mayor Elanito Peña, 10 members of the Sangguniang Bayan, and Municipal Administrator Junrie Casquejo Bragat with violating Section 3(e) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act.

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 filed the case before the Regional Trial Court in Naga City.

READ: SC stops firm’s quarrying in Bulacan forest

Quarry rehabilitation dispute

The charges stemmed from the municipal government’s repeated refusal to approve a rehabilitation plan covering a quarry site in Sitio Napo, Barangay Guindarohan.

The dispute dates back to December 2021, when authorities reported ground cracks above the quarry area, prompting the Mines and Geosciences Bureau (MGB) to conduct a geohazard assessment. The Environmental Management Bureau (EMB) later issued a cease-and-desist order.

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

According to the Ombudsman, the proposal secured 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 denied the proposal. The Sangguniang Bayan later passed resolutions rejecting both the rehabilitation plan and the companies’ applications for a Special Waste Disposal Permit.

Findings of the Ombudsman

In its resolution, the Ombudsman said the respondents acted with “evident bad faith, manifest partiality, or gross inexcusable negligence” when they disapproved 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 accused the officials of disregarding the findings and recommendations of technical agencies.

“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.

Investigators further concluded that the respondents provided an “unwarranted benefit, advantage, or preference” to competitors when they refused to implement the rehabilitation plan despite recommendations from government regulators.

The Ombudsman likewise found sufficient basis to establish conspiracy among the respondents, saying the municipal council acted in concert when it passed Sangguniang Bayan Resolution No. 271, Series of 2022, denying the rehabilitation plan, which Enad later approved.

From suspension to trial

The filing is the latest development in a case that already resulted in the one-year preventive suspension of Enad, Peña, and the 10 councilors in February this year.

The suspension prompted a temporary leadership transition in Minglanilla, with then-First Councilor Lheslen Enad assuming the role of acting mayor under existing succession rules.

The filing of charges does not establish guilt.

The Ombudsman found probable cause to bring the case to court, but prosecutors must still prove the allegations during trial.

The respondents will have the opportunity to challenge the evidence and present their defense before the court.

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