Ombudsman orders Capiz governor, 4 officials to answer complaint
By Felipe V. Celino
ROXAS CITY, Capiz — The Office of the Ombudsman-Visayas has directed Capiz Gov. Fredenil Castro and four other provincial officials to answer a complaint filed by a former provincial government employee as the case proceeds to preliminary investigation and administrative adjudication.
In a two-page order dated Aug. 20, 2026, the Ombudsman directed the respondents to file their counter-affidavits and controverting evidence within a nonextendible period of 15 days from receipt.
The order was signed by Deputy Ombudsman for the Visayas Dante Flores Vargas and officer in charge Katherine Genovesa-Mahawan.
The Ombudsman warned that failure to comply within the prescribed period would be deemed a waiver of the respondents’ right to submit counter-affidavits, after which the investigation would proceed under existing rules.
The order also said motions to dismiss, motions for a bill of particulars, and other dilatory pleadings, including motions for an extension of time and reinvestigation, are prohibited and may be stricken from the case records.
The other respondents are Vice Gov. Jaime O. Magbanua, provincial administrator Arthur John H. Binas, provincial legal officer Maria Leobeth B. Deslate Delicana, and Sangguniang Panlalawigan Secretary Zoe G. Herrera Jr.
The Ombudsman found sufficient basis to proceed with the preliminary investigation and administrative adjudication, but the directive does not constitute a finding of guilt or administrative liability.
Fernando F. Garcia Jr. of Cuartero, Capiz, filed the complaint against the five officials on Jan. 10, 2024.
Garcia’s complaint cited a 2023 Commission on Audit Audit Observation Memorandum concerning the hiring of 14 private lawyers by the provincial government in 2022 and their assignment to the Provincial Legal Office, Sangguniang Panlalawigan, and Office of the Governor.
Documents submitted with the complaint included disbursement records for contracts of service for calendar year 2022.
Garcia alleged that the hiring arrangement conflicted with COA Circular No. 98-002 and provisions of COA-Department of Budget and Management Joint Circular No. 2, series of 2020, particularly because the province already had a Provincial Legal Office.
The 14 lawyers reportedly served under positions that included senior legal researcher, legal researcher, legal affairs and special concerns personnel, senior legal adviser, senior researcher, assistant for legislative concerns, and assistant for political affairs.
Garcia alleged that the provincial government spent about PHP 1.885 million for the legal services of the 14 lawyers, whom he described as consultants, in 2022.
He also alleged that some of the lawyers did not regularly report for duty but received monthly compensation of PHP 50,000, PHP 40,000, PHP 30,000, or PHP 25,000.
Garcia claimed the arrangement was unfair to regular government employees whose salaries are subject to deductions for absences.
He further alleged that the questioned activities amounted to misuse of taxpayers’ money.
Garcia said he considered filing the complaint a moral obligation.
“I was surprised by the directive of the Ombudsman regarding his complaint and happy that the voice of the ordinary people were given justice”, he said.
The provincial government had previously responded to COA regarding the hiring of legal consultants and maintained that the arrangement had been addressed.
The respondents have yet to publicly comment on the latest Ombudsman directive and Garcia’s complaint.
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