Ombudsman dismisses Porac mayor Capil over POGO issue

The Office of the Ombudsman has dismissed Porac, Pampanga Mayor Jaime Capil from office for gross neglect of duty in connection with the raided Philippine offshore gaming operator Lucky South 99.

Aside from dismissal, the Ombudsman also penalized Capil with cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification for reemployment in government service.

''If the penalty of dismissal can no longer be imposed due to respondents' separation from the service, the alternative penalty of a fine corresponding to their salary for one year must be imposed, payable to the Office of the Ombudsman, and may be deducted from their retirement benefits, accrued leave credits, or any receivable from their office. It shall be understood that the accessory penalties attached to the principal penalty of dismissal shall continue to be imposed,” the Ombudsman said in a decision dated April 3.

Capil was earlier suspended from his post following the graft complaint filed against him and other local officials.

According to the Ombudsman, Capil continually allowed the unlawful operations of Lucky South 99 “despite receiving derogatory and alarming reports about the illegal activities” and a recommendation for non-renewal of business permit from the joint inspection team that he created.

“His acts of continuously granting and issuing Mayor’s Business Permit in favor of Lucky South 99 to operate as POGO in Porac, Pampanga for the years 2021, 2022, and 2023 despite patent lack of or non-compliance with mandatory regulatory requirements for the grant thereof, including but not limited to: (a) absence of a LONO (Letter of No Objection) to operate as POGO from the Sanggunian; (b) the absence of the corresponding SEC registration to operate as POGO in its Articles of Incorporation; and c) his conscious failure to monitor, supervise, and intervene to prevent or, at least, stop the reported atrocious illegal activities committed within the premises of his constituents, are blatant substantiation of the legal transgressions that he committed,” the decision read.

Further, the Ombudsman said that Capil “cannot validly take refuge in the POGO License granted by the PAGCOR in favor of Lucky South 99 since the issuance of a Mayor’s Business Permit by an LGU is a separate and distinct source of authority to operate a business within the territorial boundaries of a certain LGU.”

The Presidential Anti-Organized Crime Commission and the Philippine National Police-Criminal Investigation and Detection Group filed the graft complaint against Capil and several others in October 2024.

The complaint for gross neglect of duty against other respondents, including Porac Business Permit and Licensing Office head Emerald Vital, former vice mayor Charlie Santos, incumbent Vice Mayor Francis Tamayo, and former and current Sangguniang Bayan members, was dismissed.

Capil confirmed that he had already received the decision of the Ombudsman.

“Bagamat labis ko po itong ikinalungkot lalo na ng aking asawa at mga anak, buo po ang aking loob na ito ay haharapin natin. Naniniwala po ako sa Tunay na Hustisya. May mga Remedyo po tayo sa batas, at nakahanda po tayong lumaban para sa Tama at Hustisya,” he said in a statement.

(Although I am deeply saddened, along with my wife and children, we will face this challenge with confidence. I believe in true justice. We have remedies in the law, and we are ready to fight for truth and justice.)

Further, he said that he would continue his reelection bid.

“Para po sa mga Poraqueñong walang sawang nagmamahal, sumusuporta, at nagtatanggol sa akin at sa buong Team Bayung Porac, wag po kayong mag-alala, tuloy po ang ating kandidatura. Higit kailan man, sa eleksyon na ito ay kailangan namin ang inyong buong suporta,” Capil said.

(For the Poraceños who tirelessly love, support, and defend me and the entire Team Bayung Porac, don't worry; our candidacy will continue. More than ever, in this election we need your full support.) — VBL, GMA Integrated News