CITY OF SAN FERNANDO — “Upon careful evaluation thereof, the grounds raised therein are mere rehash of the matters already considered and passed upon by this Court, and that the same were too unsubstantial to warrant reconsideration thereof.”
Thus, finding “no cogent reason to reconsider our earlier decision,” the Court of Appeals denied the motion for reconsideration filed by suspended Porac Mayor Jaime V. Capil, affirming its earlier decision that upheld the Office of the Ombudsman’s ruling finding the mayor administratively liable for gross neglect of duty over the operations of a POGO (Philippine Offshore Gaming Operation) hub by Lucky South 99 in his municipality.
In a four-page resolution promulgated on June 1, 2026 in CA-G.R. SP No. 190546, the CA’s Special Former 12th Division ruled that Capil failed to present any new or substantial grounds to justify reversing its Dec. 9, 2025 decision.
“WHEREFORE, premises considered, the petitioner’s Motion for Reconsideration is denied for lack of merit,” concluded the resolution penned by Associate Justice Raymond Reynold Lauigan and concurred in by Associate Justices Maria Elisa Sempio Diy and Ma. Consejo Gengos-Ignalaga.
In his motion for reconsideration, Capil argued that he should not be held responsible for determining whether Lucky South 99 complied with Philippine Amusement and Gaming Corp. (PagCor) requirements to operate as a POGO, maintaining that the mayor’s authority is limited to the requirements under the local government’s Citizens’ Charter and does not extend to regulating compliance with other national government agencies.
The mayor also claimed he acted in good faith, relying on recommendations from the Business Permits and Licensing Office, and argued that PagCor itself had allowed Lucky South 99 to operate. He further alleged denial of due process, bias by the Ombudsman, and lack of substantial evidence supporting the finding of gross neglect of duty.
The Office of the Ombudsman, through its Office of Legal Affairs, opposed the motion, arguing that Capil’s administrative liability had already been established by substantial evidence. The Department of the Interior and Local Government, represented by the Office of the Solicitor General, likewise urged the court to deny the motion, saying the issues had already been resolved.
A decision promulgated on Dec. 9, 2025 penned by Associate Justice Raymond Reynold Lauigan, with Associate Justices Marie Christine Azcarraga-Jacob and Ma. Consejo Gengos-Ignalaga concurring Earlier, the Appellate Court denied the petition for review filed by Capil and affirmed the decision of the Ombudsman dismissing him from office for gross neglect of duty in connection with the raided Philippine offshore gaming operator Lucky South 99 in Porac.
Capil case backgrounder
Capil has been in and out of the mayor’s office in a series of suspensions since his implication in the POGO issue.
The Presidential Anti-Organized Crime Commission raided the POGO facilities located in a leased property of the Royal Garden Golf and Country Club Estate in Barangay Sta. Cruz in 2024 and subsequently filed the criminal case, which includes seven counts of graft for violations of RA 3019 (Anti-Graft and Corrupt Practices Act).
In October 2024, the Office of the Ombudsman ordered the preventive suspension of Capil and other local officials for gross neglect of duty in relation to the illegal POGO operations.
In April 2025, the Ombudsman found Capil guilty of “gross neglect of duty” and imposed the penalty of dismissal from service, including the cancellation of his government service eligibility, forfeiture of retirement benefits, and perpetual disqualification from reemployment in the government.
In November 2025, the RTC Branch 265 issued a warrant of arrest against Capil over seven counts of violations of (Sections 3(e) and 3(j) of RA 3019.
In December 2025, Capil posted a cash bond of P630,000 for his temporary liberty.
“Accused Capil was charged with committing fraud when he gave unwarranted benefit, advantage, and preference to Lucky South 99 Outsourcing Inc. by approving, issuing, and granting a mayor’s business permit in favor of Lucky South 99 to operate as a POGO despite not being legally entitled to such permit,” read a portion of the suspension order for 90 days issued by acting Presiding Judge Josephine Advento of the Regional Trial Court Branch 265, Pasig City on Feb. 23, 2026.
Back at the municipal hall on June 5 after serving the 90-day suspension, Capil was again preventively suspended on June 11 – for 60 days – by the Office of the Governor of Pampanga for grave misconduct, gross negligence, and violation of the Anti-Red Tape Act. Punto News Team
