Negros Occidental 3rd District Representative and former Victorias City mayor Javier Miguel Benitez has denied allegations of dishonesty, grave abuse of authority, and graft filed before the Office of the Ombudsman over the operation of a cockfighting arena in the city.

Benitez’s camp said it has already submitted a counter-affidavit and position paper, along with supporting documents, to refute the accusations.

“The complaint filed against us is currently pending before the Office of the Ombudsman for the Visayas in Cebu City. We have already submitted our Counter-Affidavit and Position Paper, together with all documentary evidence, demonstrating that no violation was committed under Section 3(e) of Republic Act No. 3019, Dishonesty, Grave Abuse of Authority, or Republic Act No. 7160, or the Local Government Code,” Benitez said.

While proceedings before the Ombudsman are confidential at the investigative stage under Republic Act No. 6770, the lawmaker claimed the complainant has no witnesses and no evidence to support the allegations.

Benitez, along with 26 others, was accused of allowing a cockfighting arena to operate without a franchise. The complaint was filed in June 2025 but was made public on 7 January.

The complaint was lodged by Bernard Ferraris, a resident of Hacienda Estrella in Barangay 14, Victorias City. Ferraris alleged that Benitez, during his term as mayor, and other officials issued barangay, business, and mayor’s permits to Jimmy Banguanga to operate Cockpit 6119 in December 2024 despite the absence of a franchise and a resolution of no objection (RONO).

The former mayor was also accused of bypassing the authority of local legislators. However, Benitez said a motion for intervention was filed on 13 October by James Francis Anthony Garcia, who allegedly admitted that the complainant had no personal knowledge of the matters raised.

“Mr. Garcia admitted that he was the individual who researched and drafted the complaint, which was subsequently borrowed, modified, and filed by the complainant,” Benitez said.

“He further stated that the complainant’s actions were motivated by frustration over the denial by the City of Victorias of a request for endorsement of a quarry application on a residential lot. Such activity is expressly prohibited under City Ordinance No. 05-2019, otherwise known as the Zoning Ordinance of the City of Victorias,” he added.

Benitez also said official city records show that the cockpit applicant fully complied with all requirements under the city ordinance regulating the establishment, operation, and maintenance of cockpits in Victorias City.

“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.

According to Benitez, there is no existing ordinance or national law requiring a RONO or franchise for cockpit operations in Victorias City, citing the absence of such requirements under the Local Government Code, national laws, and City Ordinance No. 2023-35.

“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,” he said.

“The law does not require a franchise, and the term itself does not appear in the relevant statutory provisions governing cockpits,” Benitez added.

He further said the requirement for a RONO applies only to businesses regulated by the Philippine Amusement and Gaming Corporation, while cockpit operations fall under the jurisdiction of the Games and Amusements Board pursuant to Executive Order No. 149 dated December 28, 1993.

“Further, under Games and Amusements Board Resolution No. 12-24, Series of 2024 dated August 22, 2024, the Board ceased the issuance and renewal of licenses for local cockfights and advised applicants to secure the necessary permits directly from their respective local government units,” Benitez said.

Benitez added that his camp has filed a perjury case against the complainant over alleged false statements made under oath. The case is now pending before the Office of the City Prosecutor of Bacolod City.