DUMAGUETE CITY — The Office of the Ombudsman (Visayas) is investigating Negros Oriental Governor Manuel "Chaco" Longa Sagarbarria for nepotism, grave misconduct and graft over the appointment of his live-in partner to a senior post in the Provincial Governor's Office, according to case records obtained by Kuryente News.
The anti-graft office found "enough basis to proceed with the criminal/administrative investigation" and ordered the governor to file a counter-affidavit, under a Joint Order dated May 28, 2026 issued at its Area Office for the Visayas in Guadalupe, Cebu City.
The cases are docketed as OMB-V-C-MAY-26-0130, a criminal case for violation of Section 3(e) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act; and OMB-V-A-MAY-26-0170, an administrative case for Conduct Prejudicial to the Best Interest of the Service and Grave Misconduct.
The complaint was received by the Ombudsman on April 1, 2026.
The appointment
At the center of the case is the appointment of Juvilin S. Calago as Executive Assistant IV, Salary Grade 22, Step 1, in the Provincial Governor's Office.
According to the complaint, the appointment was made on the day the governor assumed office and was among his first key acts as chief executive of the province.
Payroll records attached to the filing place the position's basic monthly salary at ₱71,511, with a total monthly gross of ₱73,511 including a personnel economic relief allowance of ₱2,000.
The complaint alleges that Calago is the governor's live-in partner, that the two maintain a common household in Tierra Alta, Valencia, Negros Oriental, and that they have two children together. It states the two cohabited at the time of the appointment and had no legal impediment to marry.
The filing further alleges that although Calago was appointed as an executive assistant, she has been performing the functions of the provincial Public Information Officer — a separate, permanent plantilla position in the provincial government.
The alleged violations
The complaint accuses the governor of four violations:
Nepotism under Section 59, Chapter 8, Book V of Executive Order No. 292, the Revised Administrative Code of 1987, which prohibits appointments made in favor of a relative of the appointing authority. The complaint argues the prohibition should extend to live-in partners and common-law spouses, invoking the doctrine that what cannot be done directly cannot be done indirectly, and citing Article 147 of the Family Code — under which the wages of cohabiting partners are co-owned in equal shares, meaning the governor would share in the salary drawn from the appointment.
Violation of Section 4(b) and (c) of Republic Act No. 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees, which bars officials from dispensing undue favors on account of their office and requires them to discourage perceptions of themselves as dispensers of patronage.
Grave Misconduct, on the ground that the appointment was made with willful intent to circumvent the nepotism rule, involved manifest partiality and evident bad faith, and constituted an abuse of authority for private gain.
Violation of Section 3(e) of RA 3019, which penalizes public officers who cause undue injury to the government or give any private party unwarranted benefits, advantage or preference through manifest partiality, evident bad faith or gross inexcusable negligence.
Penalties if proven
Under the Revised Rules on Administrative Cases in the Civil Service, grave misconduct is punishable by dismissal from the service even for a first offense, carrying accessory penalties of cancellation of civil service eligibility, forfeiture of retirement benefits, perpetual disqualification from holding public office, and a bar from taking civil service examinations.
Conduct prejudicial to the best interest of the service is likewise a grave offense punishable by suspension or dismissal.
A conviction for violation of Section 3(e) of RA 3019 carries imprisonment and perpetual disqualification from public office, among other penalties provided by law.
The complaint also asks that the appointment be declared null and void from the beginning, that the appointee vacate the position and return all salaries and benefits received, that the governor be placed under preventive suspension for up to six months while the case is pending, and that the matter be referred to the Civil Service Commission Regional Office No. VII.
Procedural posture
The Joint Order gave the governor an inextendible period of 15 days from receipt to submit his counter-affidavit and controverting evidence in three legible copies, with proof of service on the complainant. It warned that failure to comply would be deemed a waiver of the right to present a counter-affidavit and that the investigation would proceed under existing rules.
The order also barred prohibited pleadings, including motions to dismiss, motions for a bill of particulars, motions for extension of time, and second motions for reconsideration or reinvestigation, stating these would be stricken off the records.
It was issued for Deputy Ombudsman for the Visayas Dante F. Vargas and signed by Portia A. Pacquiao, Acting Director of the Preliminary Investigation, Administrative Adjudication and Prosecution Bureau–A, per Office Order No. 210, Series of 2025.
Governor's response
Governor Sagarbarria has since filed a 15-page counter-affidavit, sworn on July 10, 2026 in Dumaguete City and served on the parties by registered mail, in which he categorically denied all the allegations, argued that the complaint lacks factual and legal basis, and asked the Ombudsman to dismiss the cases outright and to deny the prayer for preventive suspension.
The counter-affidavit also disclosed that Calago has resigned from her post. Documents attached to the filing show she tendered her resignation on March 31, 2026, which the governor accepted effective the same date. She is no longer connected with the provincial government, according to the filing.
Among the annexes to the counter-affidavit is Office Order No. 1-A, Series of 2023, dated June 5, 2023, temporarily designating Calago — then holding the position of Executive Assistant III — as focal person of the Provincial Information Office pending the appointment of a permanent PIO head. The order was signed by Provincial Administrator Arthur Fran P. Tolcidas, by authority of the governor.
The proceedings remain at the preliminary investigation and administrative adjudication stage. An order to file a counter-affidavit is a standard procedural step and is not a finding of guilt or of administrative liability, which can be determined only after the investigation is completed. Governor Sagarbarria is presumed innocent unless and until the Ombudsman rules otherwise.