Ombudsman dismisses Dumanjug’s complaint vs. Misamis Occidental Officials over alleged illegal suspension

Misamis Occidental— The Office of the Ombudsman has dismissed the criminal and administrative complaints filed by former Bonifacio Mayor Samson Dumanjug and former Vice Mayor Evelyn Dumanjug against Misamis Occidental Governor Henry S. Oaminal and members of the Sangguniang Panlalawigan (SP), which includes Vice Governor Rowena Gutierrez and 14 board members. The dismissal was dated February 7, 2025, and officially released on July 4, 2025.

The complaint stemmed from SP Administrative Case No. 02-22, where the Dumanjugs were accused of overpricing and dishonesty in the procurement of surplus heavy equipment. After an SP-led investigation, a 60-day preventive suspension was recommended and implemented by Governor Oaminal through Special Order No. HSO-055 on October 5, 2022.

The Dumanjug’s alleged that the suspension was illegal, claiming it was imposed during the 90-day election prohibitory period before the scheduled December 2022 Barangay and SK Elections (BSKE), in violation of Section 62(c) of the Local Government Code (LGC). They accused the officials of abuse of authority and violations of Sections 3(a) and 3(e) of the Anti-Graft and Corrupt Practices Act (RA 3019).

However, the Ombudsman found no evidence of bad faith or gross negligence. It ruled that Governor Oaminal’s action was ministerial, based on SP Resolution No. 542-22 and DILG Legal Opinion No. 04, s. 2022. The SP acted in good faith, believing the elections would be postponed due to the then-pending Senate Bill No. 1306, which was later enacted as RA No. 11935, officially moving the BSKE to October 2023.

Moreover, the complainants failed to prove undue injury, as no concrete evidence of lost income or damages was presented. The Ombudsman also noted that the Dumanjugs had already pursued other legal remedies—including a Petition for Certiorari before the RTC, an appeal to the Office of the President, and another administrative case. Hence, the Office of the Ombudsman cannot delve into the merits of the case.

In a separate but related case, the Office of the President likewise dismissed another complaint filed by Samson Dumanjug against Governor Oaminal and the SP, citing the absence of a prima facie case. 

It ruled that the allegations of abuse of authority and culpable violations of the Constitution were unsupported by substantial proof, and reaffirmed that Governor Oaminal’s issuance of the preventive suspension order was a lawful exercise of duty. The SP’s role in investigating and recommending such action was also deemed proper, with no indication of malice or bad faith.

The Office of the President emphasized the presumption of regularity and good faith in the performance of official duties. It concluded that Dumanjug’s claims lacked both factual and legal basis.

The complaint was formally dismissed on October 21, 2024.