Mayor Rajiv Enad and several municipal officials were placed under a one-year preventive suspension by the Office of the Ombudsman on Monday, February 2, 2026, in connection with a 2022 decision to suspend quarrying operations in landslide-prone Barangay Guindarohan.
The suspension order covers Mayor Enad, Vice Mayor Elanito "Lani" Peña, and councilors who served during the previous term.
First Lady and First Councilor Lheslen Abella Enad has since assumed the role of acting mayor in accordance with the Local Government Code.
What Led to the Suspension
In late 2022, residents of Sitio Napo in Barangay Guindarohan reported ground cracks appearing on their properties, raising concerns about potential landslide risks.
Mayor Enad, a practicing lawyer who assumed office in 2022, ordered the preemptive evacuation of at least 18 families and directed the suspension of quarrying operations in the area pending safety assessments.
The preventive suspension stems from an administrative complaint filed by a quarry operator alleging that municipal officials violated Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) by "unjustifiably" denying or delaying the issuance of business permits.
The Ombudsman's order is based on Section 24 of the same law, which mandates preventive suspension for officials facing such allegations while investigations proceed.
Legal Perspectives on Business Permits
Cebu-based lawyer Atty. Regal Oliva recently addressed the legal nature of business permits in a Facebook video titled "Can the Mayor and the Municipality Be Sued for Not Issuing a Business Permit?" In it, she explained that "the issuance of a business permit is regulatory, not proprietary" — meaning it is a government-granted privilege subject to regulation, not a property right that automatically entitles applicants to issuance.
This distinction matters because, as the Supreme Court has ruled in multiple cases, business permits are privileges granted only after compliance with legal requirements—not absolute rights. However, legal experts note an important nuance: while mayors generally cannot be held civilly liable for non-issuance of permits (as Atty. Oliva emphasizes), they may still face administrative liability under RA 3019 if they deny or delay permits without following proper administrative procedures—even when motivated by public safety concerns.
The Ombudsman's case against Mayor Enad does not allege corruption or theft of public funds.
Rather, it centers on whether officials followed due process—including written notices, opportunity for applicants to be heard, and proper documentation—when suspending quarry operations, regardless of the underlying safety rationale.Key Clarifications
This is not a final penalty. Preventive suspension is a procedural measure—not a finding of guilt—designed to prevent potential interference with an ongoing investigation.
The case remains pending before the Ombudsman and may eventually be elevated to the Sandiganbayan (anti-graft court) for final determination.
Mayor Enad publicly accepted the suspension order and stated he respects the Ombudsman's process while maintaining his decisions were made to protect residents' safety.
His camp has indicated they will "exhaust all legal remedies available" while cooperating with the investigation.
The Governance Dilemma
This case highlights a recurring tension in local governance:
- Public safety imperative: Local chief executives have a constitutional duty to protect constituents during emergencies, including geological hazards documented by residents and local engineers.
- Administrative due process: Philippine law requires local governments to follow prescribed procedures when denying permits—including written notices, opportunity for applicants to be heard, and proper documentation—even when safety concerns exist.
Legal experts note that while mayors have emergency powers to order evacuations and temporary work stoppages, permanent permit denials typically require compliance with administrative procedures under the Local Government Code and relevant environmental regulations.
Community Impact
Minglanilla, a 3rd-class municipality with approximately 45,000 residents located south of Cebu City, now faces leadership transition during the suspension period.
Acting Mayor Lheslen Enad has pledged continuity in local governance and ongoing projects.
Residents of Sitio Napo continue to live under evacuation orders as geological assessments of the area remain ongoing.
The Department of Environment and Natural Resources (DENR) has previously flagged water quality concerns in Guindarohan linked to quarrying activities.
What Happens Next
The one-year preventive suspension is effective immediately and runs through February 2027 unless lifted earlier by the Ombudsman.
Mayor Enad retains his elective position and may return to office upon expiration of the suspension or if the Ombudsman dismisses the case.
The case underscores a critical question for local governance: How can officials balance swift emergency action with procedural requirements—especially when lives are at stake? Legal observers suggest this case may set important precedents for how Philippine courts interpret the scope of mayoral emergency powers versus administrative due process obligations.
— Reporting for Balitang Huli. Sources: Office of the Ombudsman, Cebu Daily News, Sun.Star Cebu, GMANetwork Regional TV. This article presents verified facts as of February 4, 2026. The administrative case remains ongoing; no final judgment has been rendered.
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