CITY OF SAN FERNANDO, Pampanga — Mayor Jaime Capil of Porac is mounting a final legal defense against his dismissal from government service, elevating his case to the Court of Appeals (CA) following an unfavorable ruling by the Office of the Ombudsman.
The CA’s 12th Division recently affirmed the Ombudsman’s decision, which found Capil guilty of gross neglect of duty for his failure to regulate Lucky South 99, a Philippine Offshore Gaming Operator (POGO) that operated in a massive 10-hectare compound in Porac from 2020 to 2024.
The Grounds for Dismissal The administrative case, initiated by the Department of the Interior and Local Government (DILG), details several key lapses:
- Unauthorized Permits: Lucky South 99 was granted business permits for three consecutive years (2021-2023) despite missing a “Letter of No Objection” (Lono) required specifically for POGO operations.
- Ignored Reports: The POGO continued to operate even amidst reports of serious criminal activities within its compound, including cyberscams, prostitution, human trafficking, and torture.
- Sole Accountability: The CA ruled that the responsibility for granting these permits rested solely with Capil, stating that the criminal activities could have been deterred had the permits been withheld for non-compliance.
Legal Consequences The dismissal order comes with severe auxiliary penalties:
- Cancellation of eligibility and forfeiture of retirement benefits.
- Perpetual disqualification from holding any public office.
- Criminal Charges: Capil also faces seven criminal cases for violations of the Anti-Graft and Corrupt Practices Act. He is currently out on a P630,000 bail.
Defense and Condonation Doctrine Capil’s legal team argued that his reelection in May 2025 should mitigate the administrative charges. However, the CA rejected this, citing the 2016 abandonment of the “Condonation Doctrine,” which previously allowed reelected officials to be cleared of administrative liabilities from prior terms. The court emphasized that the doctrine had historically bred “abuse in the bureaucracy.”
Status of Lucky South 99 The POGO was ordered closed by President Marcos in June 2024. Investigations revealed that the facility had constructed over 40 buildings within its gated compound. An arrest warrant related to a human trafficking case within the compound was issued as recently as December 2025.
Mayor Capil has filed a motion for reconsideration with the CA, seeking to overturn the dismissal as he continues to discharge his duties pending a final, unappealable court order.