Miagao mayor rejects graft, illegal quarrying complaints

By Rjay Zuriaga Castor

Mayor Oscar “Richard” Garin Jr. of Miagao, Iloilo has brushed aside graft and illegal mineral extraction complaints filed against him and three municipal employees, saying the allegations lack legal merit.

Garin urged residents not to judge people on accusations alone.

Speaking at the municipal flag ceremony on Monday, July 13, he said anyone may file a complaint, but not every complaint is legally sustainable.

“Well, anybody can file a complaint, but not all complaints are justiciable. To my constituents, my message to you is never judge someone’s character based on the words of another,” he said.

The mayor and the three employees face separate complaints alleging violations of Republic Act 3019, the Anti-Graft and Corrupt Practices Act, and Republic Act 7942, the Philippine Mining Act of 1995.

Salvador M. Acsay Jr., a resident of Barangay Mat-y, Miagao, filed the complaints in June.

Garin questioned Acsay’s legal standing, pointing to a separate complaint he said Acsay earlier brought before the Office of the Ombudsman over the municipality’s Responsableng Ginikanan Academy, a values formation program for parents and guardians.

Acsay is not the parent of any learner enrolled in a Department of Education school in Miagao and therefore has no direct interest in the program, Garin said.

“He is the same person who also complained to the Ombudsman about RGA. I don’t think he is the proper party to file that complaint because he is not a parent of a learner. He is not the parent of any student enrolled in a DepEd school in Miagao,” Garin said.

“He has no justiciable interest. For example, can someone question the business taxes imposed by the municipality if he doesn’t own a business? You need to have a business to question business taxes. The same logic applies. If you don’t have a child studying in Miagao, why would you file a complaint against RGA?” he added.

Garin said he has yet to receive a copy of the graft and illegal mineral extraction complaints.

He also questioned what he called the “premature publicity” around the case before the Ombudsman had formally notified him.

“I am just curious that some media outlets were quick to report that a case had been filed against me, yet they did not report that our municipality received an award from the RP-Mission and Development Foundation,” he said.

Garin appeared to be referring to the “Boses ng Bayan” Index of Governance survey by the RP-Mission and Development Foundation, in which he ranked among the highest-rated mayors in Iloilo province.

He cited earlier Ombudsman complaints against public officials that were later dismissed.

“Take note, when there is a complaint filed in the Ombudsman, there is always the media. But what happened to those complaints? None of the above were considered,” he said.

Garin warned complainants to ensure their allegations are truthful and backed by evidence.

“You have to make sure your complaint is correct and truthful because if it is not, you could be the one facing charges before the Ombudsman. It only shows that rumors spread faster than the news,” he said.

The graft complaint alleges Garin and the three employees gave unwarranted benefits to construction firms working on a Department of Public Works and Highways project by lending them municipal vehicles, equipment and personnel.

The mining complaint claims the municipality extracted sand and gravel from the Tumagbok River without the Gratuitous Sand and Gravel Permit required under the Philippine Mining Act.

Under the mining law and its implementing rules, a gratuitous permit lets a government entity extract limited volumes of sand and gravel for its own public works without paying for the material. It is issued by the provincial governor and does not cover extraction for private contractors.

Complaints filed with the Ombudsman undergo preliminary evaluation before investigators decide whether there is enough basis for a formal investigation or the filing of charges. Most are resolved at the fact-finding stage without charges.

‘I am a taxpayer’

Acsay told Daily Guardian he has a legitimate interest in questioning the municipality’s programs as a taxpayer.

“As a private citizen and a taxpayer, that is my justiciable interest because the money that they are using in the operation is from the public funds—money generated from the taxes we pay as residents to the local government,” Acsay said in a phone interview.

“It is my right under the Constitution to look into that because it involves public interest. I believe it is my right to raise concerns and ensure that taxpayers’ money is being spent properly,” he added.

Acsay said the use of government-owned vehicles and equipment to implement the program involves public spending, giving taxpayers a stake in demanding accountability.

He also clarified that he did not file a formal complaint with the Ombudsman over the RGA.

Instead, he said, he wrote the Ombudsman in May asking for an investigation into how the program was implemented, particularly its funding sources.