Ombudsman overturns ruling, dismissed Zamboanga del Norte mayor to be reinstated

ZAMBOANGA DEL NORTE, Philippines – The Office of the Ombudsman reversed its decision more than a year ago that dismissed a town mayor in Zamboanga del Norte for grave misconduct over the issuances of cockfight permits, citing a lack of probable cause and substantial evidence.

After 16 months, Rosendo Labadlabad said he was expecting the provincial officer of the Department of Interior and Local Government (DILG) to reinstate him as Sindangan town’s mayor anytime soon.

Labadlabad told a press conference in Guisokan, Sindangan, on Saturday, July 13, he was “relieved to know there is still justice in the country” after being absolved in a decision penned by Graft Investigation and Prosecution Officer Jefferson Santiago on June 11. The ruling was approved by Ombudsman Samuel Martires on June 25.

On May 16, 2023, the Ombudsman found him, four barangay chairpersons, and a barangay secretary administratively guilty of grave misconduct in a decision penned by Graft Investigation and Prosecution Officer Modesto Onia Jr. and approved by OIC-Ombudsman Jose Balmeo on September 4.

More than a year ago, the Ombudsman found Labadlabad had violated the Local Government Code by issuing permits to hold tari-tari (cockfights in communities) to barangay chairpersons Antonio Mohametano, Zosima dela Cerna, Joselito Espinas, and Myzandro Dagondong, and barangay treasurer Rebecca Pacas.

The same criminal and administrative complaints against Pedro Alisub were earlier dismissed due to his death.

The Ombudsman’s 2023 decision cited Section 89 (a-2) of Republic Act 7160, which provides, “(a) It shall be unlawful for any government official or employee, directly or indirectly, to… (2) Hold any interests in any cockpit or other games by a local government unit.”

The 2023 decision also cited Section 5 (d), which states that “… cockfighting shall be allowed only in licensed cockpits.”

The main complainant, Leoncio Orillosa, a retired secretary to the Sindangan Sangguniang Bayan, said the criminal aspect of the case was already in the Sandiganbayan.

Labadlabad responded with a motion for reconsideration but was removed from his mayoral seat by the provincial director of the DILG on January 6.

In reversing the first decision, the Ombudsman said it wrongly relied heavily on the guilty verdict against Babatngon town mayor Charity Chan in Leyte, who, at the request of the Liga ng mga Barangay in 2012, endorsed to the Sangguniang Bayan the passing of a resolution to hold cockfights every Saturday.

The latest Ombudsman decision said Labadlabad’s case was not “materially similar” to Chan’s case, who was “found guilty for knowingly granting a permit to hold cockfights in favor of the Liga ng mga Barangay whose members are prohibited from having interest in any cockpit operations.”

Besides, the new decision added, the holding of cockfights was only during fiestas, which is “expressly permitted under the LGU (Sindangan) ordinance.”

Orillosa told Rappler on Saturday he could not comment yet as he was still waiting for his copy of the new Ombudsman decision.

During his press conference, Labadlabad addressed cockfighting aficionados: “Kamong mga sabungero, ayaw mo kahadlok kay naa may balaod nga pwede ra. Ingon man ang Ombudsman nga dili man na illegal. Hala pagsabong mo taman sa ginhawa.”

(You, cockfight aficionados, don’t be afraid because there is a law that says you can. The Ombudsman said it is not illegal. Go hold cockfights to your hearts’ content.) – Rappler.com