By Rjay Zuriaga Castor

Miagao Mayor Oscar “Richard” Garin Jr. and three other municipal employees are facing complaints before the Office of the Ombudsman over allegations of graft and illegal mineral extraction.

The complaints, obtained by the Daily Guardian, were filed on June 29 by Salvador M. Acsay Jr., a resident of Barangay Mat-y, Miagao.

The separate complaints alleged violations of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, and Republic Act No. 7942, or the Philippine Mining Act of 1995.

The graft complaint names Garin, Larry Munion, acting municipal planning and development officer, and Ronilo Namo, an employee of the Municipal Engineering Office.

Acsay alleged that the respondents conspired to provide unwarranted benefits to private contractors AD Pendon Construction and Supply Inc. and Asia Structural Developer Corporation (ASDC) through the unauthorized use of municipal vehicles, equipment, and personnel.

AD Pendon is an Iloilo-based construction company, while ASDC is headquartered in General Trias, Cavite.

According to the complaint, government-owned equipment and vehicles were allegedly used from June 4–20, 2026, to haul and dump sand and gravel for the construction of the Miagao–Tumagbok Access Road, including a river control structure identified as Project ID 24GF0110.

The complaint identified the project as having a contract cost of PHP 73.3 million.

It also stated that construction began on April 1, 2024, and listed a contract expiration date of Jan. 18, 2025.

The Department of Public Works and Highways (DPWH) website reportedly shows the project as 90.87% complete and identifies AD Pendon as the contractor.

The extraction dates cited in the complaint fall after the project’s listed contract expiration.

Acsay alleged that the local government used public resources to assist private contractors without the required authorization, resulting in undue injury to the government through expenses for fuel, labor, maintenance, and equipment wear and tear.

A central issue raised in the complaint involves the municipality’s proposed River Park.

Acsay cited a June 4, 2026, letter from the mayor’s office to the barangay government of Ubos Ilawod stating that the proposed River Park formed part of the DPWH flood control project.

However, Acsay alleged that the proposed River Park is not included in the official DPWH project for the Miagao–Tumagbok Access Road and is therefore not funded by the national government.

The complainant said development of the River Park proceeded despite its alleged exclusion from the approved DPWH project.

He further alleged that municipal equipment and personnel were deployed for the project without authorization through a resolution or appropriation ordinance from the Sangguniang Bayan.

Acsay alleged that when he requested documents or permits authorizing the use of municipal equipment, Munion failed to produce any.

The complaint also alleged that a billboard promoting the River Park had already been installed despite the project allegedly lacking proper authorization.

Illegal mineral extraction

In a separate complaint, Acsay accused Garin, Munion, Namo, and Isidro Mosura, the municipal environment and natural resources officer, of the alleged theft of minerals.

The complaint alleged that the local government extracted sand and gravel from the Tumagbok River without the required Gratuitous Sand and Gravel Permit.

According to the complaint, the Provincial Government Environment and Natural Resources Office certified that no Gratuitous Sand and Gravel Permit had been issued to the Municipal Government of Miagao for extraction activities in the Tumagbok River.

Acsay said he personally witnessed municipal equipment conducting sand and gravel extraction operations on June 11, 12, and 13.

He claimed that dump trucks and a payloader owned by the local government were used to extract sand and gravel from the area.

The complaint further alleged that extraction activities continued from June 15–20, 2026.

Aside from the alleged lack of a permit, the complaint claimed the extraction site was located only 100–189 meters from the Tumagbok Bridge along the national highway.

According to the complaint, this violated Provincial Ordinance No. 2017-145, which prohibits quarrying activities within one kilometer of a bridge.

The affidavit further alleged that the extracted sand and gravel were transported to Barangay Ubos Ilawod, where they were dumped near the DPWH flood control project between the flood control structure and Netura Street.

The complainant claimed the dumping area poses a danger to nearby residents and properties.

Barangay hall relocation

In a June 4, 2026, letter, Garin requested Punong Barangay Francis Napud of Ubos Ilawod to temporarily relocate the barangay hall to pave the way for the implementation of a DPWH road and flood control project.

The letter stated that the relocation would give way for the Noble Road Extension, which it described as an integral component of the Miagao–Tumagbok Access Road.

It also referenced previous correspondence involving the barangay and the DPWH Iloilo 1st District Engineering Office.

According to the municipal government, DPWH Project Engineer Leandre Fermin Mandario confirmed that the existing Barangay Hall of Ubos Ilawod is within the project’s designated road right of way and would be directly affected by the implementation of the national infrastructure project.

The letter added that revised plans and technical findings showed the structure “must be cleared” because it obstructs the prescribed road alignment and the project’s continuous implementation.

Police presence alleged

The complaint also alleged that personnel from the Miagao Municipal Police Station were present during the extraction operations on June 11 and 12.

Acsay alleged that PMaj. Richard Lao, chief of the Miagao Municipal Police Station, was present with other police personnel and a patrol vehicle during the operations.

The affidavit identified several municipal government vehicles allegedly used in the extraction activities.

One of the dump trucks allegedly bore a photograph of Garin.

Another dump truck was allegedly marked “LGU-MIAGAO.”

The complaint likewise alleged that Munion admitted to the complainant that the operations were “ordered, instructed and commanded” by Garin.

The Office of the Ombudsman conducts preliminary investigations to determine whether probable cause exists to file criminal or administrative charges.

The filing of a complaint does not constitute proof of guilt, and the respondents will have the opportunity to answer the allegations during the proceedings.