Lawmaker Sues at the Ombudsman for Distribution of Guarantee Letters

By Mortz C. Ortigoza, LL.B, MPA

BINMALEY, Pangasinan – A lawmaker in Pangasinan has been sued administratively and criminally at the Ombudsman by fellow government official after the former “illegally” issued Guarantee Letters from the Medical Assistance to Indigent and Financially Incapacitated Patients (MAIFIP) to patients.

MAIFIP is a Department of Health (DOH) program in the Philippines that provides financial assistance to help eligible patients pay for hospital bills, medicines, and medical procedures.

Complainant Leon "Elorde" Cruz Castro filed OMB-L-C FEB-26-0037 and OMB-L-A-FEB-26-0042 cases at the Ombudsman in Quezon City in December 19, 2025 against Councilor Ariel Zamabale dela Concha.

The criminal complaints are anchored on Usurpation of Authority or Official Functions Article 177 of the Revised Penal Code (RPC) and on the Anti-Graft and Corrupt Practices Act that Dela Concha allegedly committed.

“Based on the pieces of evidence adduced herein (Annexes “A to G-14), it is crystal clear that respondent Dela Concha of SB-Binmaley, Pangasinan committed the crime of Usurpation of Authority or Official Functions (Article 177 of the Revised Penal Code, as amended),” excerpt of the complaint of Castro.

All the elements of the Usurpation of Authority of Official Functions are present against the accused, according to the complainant.

Respondent Dela Concha position is lawmaking, according to the Complaint-Affidavit, but he performed the function of the mayor, he acted as disbursing officer of LGU-Binmaley, and he performed the duty of a disbursing officer without the prescribed law or ordinance. Complainant mentioned too that respondent Dela Concha used the letter head of his office as member of the Sangguniang bayan in the issuance of the Guarantee Letters.

“These acts were performed by respondent Dela Concha under the pretense of official functions as SB Member, giving the appearance that he had authority to do such acts when in fact it was actually precluded under Section 447 of RA No. 7160,” continued by Castro.

Anti-Graft and Corrupt Practices, according to Castro, meant causing any undue injury to any party including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.

Dela Concha was charged too with the administrative cases of Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service.

“Respondent Dela Concha’s continuous issuance of Guarantee Letters without authority as prescribed by law or ordinance, outside his official duties and functions as SB Member is glaringly transgression of established rule under RA No. 7160. These acts of the respondents constitute Grave Misconduct”.

Conduct Prejudicial to the Best Interest of the Service has been defined as ‘conduct of an official and employee that gives a bad image to the public service, according to the Handbook on Investigation in the Philippines Service by Angelito G. Grande.

“Due to the severity of the charges imputed against respondent Dela Concha and the overwhelming evidence attached to this Sworn Complaint-Affidavit, I respectfully pray that an Order of Preventive Suspension be issued immediately and accordingly, and after due course they be meted the penalty of Dismissal from the Service, which shall carry with cancellation of eligibility, forfeiture of retirement benefits including accrued leave credits, and perpetual disqualification for reemployment in the government service,” Castro wrote.

He explained that the preventive suspension for six months on the respondents is a measure or tool by the anti-graft agency to prevent them to alter, destroy, or influence possible witnesses on the case.

 “Thus, a preventive suspension for six months is hereby requested by the undersigned to protect the integrity of the pieces of evidence and possible witnesses,” stressed by the Complainant. 

DELA CONCHA DISPUTES CASTRO

The respondent disputed the criminal and administrative charges of Castro as politically motivated.

As a background, Dela Concha explained, then Vice Mayor Sam Rosario – ally with the respondent, Councilor Buday Cagaoan, and Liga ng mga Barangay President and Ex Officio Member Jonas Rosario of the minority group – resigned from his office a few days before the end of his term in June 30, 2025.

Rosario, Dela Concha, Cagaoan, and Jonas Rosario incessantly clashed at the august chamber with the councilors in the majority group that are allied with Mayor Pedro Merrera.

There was even a time that Mayor Merrera and Vice Mayor Rosario had altercation in the Sangguniang Bayan during the session of its members.

“By virtue of the succession, the Hon. Amelito A. Sison assumed as new municipal vice mayor. As a result, thereof, a vacancy in the Sanggunian Bayan was declared by virtue of Resolution No. 161 Series of 2025”.

Castro, thereafter, sought an appointment to be sanggunian member to fill the vacancy. He took his oath on June 16, 2025 and was also allegedly appointed on for the same day.

Dela Concha said he opposed Castro’s appointment because of an irregularity like his failure to get the signed appointment from Pangasinan Gov. Ramon V. Guico III. The respondent said he continued to object to the Resolution authored by Castro to commend certain government agencies and personnel. He said his objection was anchored to the irregularity of his appointment as No. 8 Councilor.

“He filed a complaint sa Ombudsman, dahil sa pagtulong ko sa mga tao. Nareply ko na rin naman na sa Ombudsman. Political Motivated dahil inobject ko lahat ng appointment niya dati sa Sangguniang Bayan para maging Councilor. I also objected na maging OSCA (Office for the Senior Citizens' Affairs) head siya ng LGU,” the young lawmaker – who is the top 3 most elected councilor -- stressed to this writer by Dela Concha.