Rep. Javier Miguel “Javi” Benitez (Neg. Occ., 3rd District) has filed a perjury case against an individual who lodged dishonesty, grave abuse of authority, and graft complaints against him and 26 others.
Bernard Ferraris, a resident of Hacienda Estrella, Barangay 14, Victorias, had filed the complaints against Benitez and the others before the Office of the Ombudsman,
Ferraris said barangay, business, and mayor’s permits were issued in December 2024 to operate a cockpit without a franchise.
Benitez was serving as the mayor of Victorias City at the time of the alleged issuance.
“In view of the false statements made under oath, a perjury case has been filed against the complainant and is now pending before the Office of the City Prosecutor of Bacolod City,” Benitez said in a statement issued Friday, Jan. 9.
Meanwhile, the complaint filed against him and the 26 others is currently pending before the Office of the Ombudsman for the Visayas in Cebu City, Benitez said.
The respondents have already submitted their counter-affidavit and position paper, along with documentary evidence, to demonstrate that no violations were committed under Section 3(e) of Republic Act No. 3019, Dishonesty, Grave Abuse of Authority, or Republic Act No. 7160 (the Local Government Code), he said.
Consistent with Republic Act No. 6770, proceedings before the Office of the Ombudsman remain confidential during the investigative stage. Nonetheless, Benitez asserted that beyond bare allegations, the complainant possesses no witnesses or evidence to support the claims.
It is on record that a Motion for Intervention dated October 13, 2025, filed by James Francis Anthony Garcia, states that the complainant has no personal knowledge of the facts alleged, Benitez said.
Garcia reportedly admitted that he was the individual who researched and drafted the complaint, which was subsequently borrowed, modified, and filed by Ferraris, Benitez added.
He further stated that the complainant’s actions were motivated by frustration over the City of Victorias’ denial of a request for endorsement of a quarry application on a residential lot.
Such activity is expressly prohibited under City Ordinance No. 05-2019, also known as the Zoning Ordinance of the City of Victorias, Benitez pointed out.
Based on official city records, the cockpit applicant fully complied with all requirements for registration and operation under City Ordinance No. 2023-35, or the Ordinance Regulating the Establishment, Operation, and Maintenance of Cockpits in the City of Victorias, Benitez said.
This ordinance was duly reviewed by the Sangguniang Panlalawigan of Negros Occidental and was approved and declared valid under Resolution No. 0688 dated June 20, 2023, he said.
There is no existing ordinance or national law requiring a Resolution of No Objection (RONO) or a franchise for cockpit operations in Victorias City, Benitez argued.
Neither the Local Government Code, national laws, nor City Ordinance No. 2023-35 impose such a requirement, he said.
Under Sections 447(a)(3)(v) and 458(a)(3)(v) of Republic Act No. 7160, the authority to authorize, regulate, and license the establishment, operation, and maintenance of cockpits is vested in the Sangguniang Panlungsod, while the issuance of business permits is vested in the local chief executive, Benitez said.
The law does not require a franchise, and the term itself does not appear in the relevant statutory provisions governing cockpits, he added.
The requirement for a Resolution of No Objection applies only to businesses regulated by the Philippine Amusement and Gaming Corporation (PAGCOR), he said.
“We remain confident that due process and the rule of law will prevail,” Benitez said.*