CAPIZ — The Office of the Ombudsman–Visayas has ordered Capiz Gov. Fredenil H. Castro, Vice Gov. Jaime “Mitang” Magbanua and three other provincial officials to submit their counter-affidavits in response to administrative and criminal complaints involving the hiring and compensation of contractual lawyers worth more than P1.8 million.
In an order dated August 20, 2026, issued in Cebu City, the Ombudsman said there was sufficient basis to proceed with a formal preliminary investigation and administrative adjudication.
The order gives the respondents an opportunity to answer the allegations and submit counter-affidavits and supporting evidence.
Also named as respondents were Provincial Administrator Atty. Arthur John H. Biñas, Provincial Legal Officer Atty. Maria Leobeth B. Deslate-Delicana and Secretary to the Sangguniang Panlalawigan Zoe G. Herrera Jr.
The order was signed by Deputy Ombudsman for the Visayas Dante Flores Vargas and Katherine A. Genovesa-Mahawan, officer-in-charge of the Preliminary Investigation, Administrative Adjudication and Prosecution Bureau-B.
The respondents were given 15 days from receipt of the order to submit their counter-affidavits and controverting evidence in three copies and furnish complainant Fernando F. Garcia Jr. with copies.
Garcia was given five days from receipt of the respondents’ filings to submit a reply-affidavit, according to the order.
The Ombudsman also prohibited motions to dismiss, motions for a bill of particulars and other dilatory motions, including motions for extension of time.
Failure of the respondents to submit their counter-affidavits within the prescribed period would be considered a waiver of their right to present counter-evidence, the order said.
The case stemmed from a complaint prepared in October 2023 and formally filed by Garcia on January 10, 2024.
Citing the Commission on Audit’s (COA) 2022 Annual Audit Report, Garcia questioned the engagement of 13 contract-of-service (COS) lawyers during Castro’s administration, in addition to one retained lawyer from the administration of former governor Esteban Evan “Nonoy” Contreras.
According to the allegations, the 14 lawyers were paid a combined amount exceeding P1.8 million.
Among the issues raised by Garcia were the alleged necessity of hiring private COS lawyers despite the existence of the Provincial Legal Office, alleged monthly payments ranging from P25,000 to P50,000, and the alleged lack of sufficient attendance records or other proof of actual services rendered.
The complaint also questioned the alleged absence or insufficiency of Daily Time Records (DTRs) for some of the contractual lawyers.
The Ombudsman’s directive, however, does not constitute a finding of guilt or administrative liability against any of the respondents. It marks the start of the formal proceedings in which the respondents will be given an opportunity to answer the allegations and present evidence in their defense./PN
