Ombudsman suspends CPA chief

CEBU, Philippines — The Office of the Ombudsman has placed Cebu Port Authority (CPA) General Manager Francisco C. Comendador III under a six-month preventive suspension over allegations of grave misconduct and gross neglect of duty.

The suspension order, signed by Ombudsman Jesus Crispin Remulla on August 20, 2026, stemmed from a complaint filed by Oriental Port and Allied Services Corporation (OPASCOR), represented by its executive vice president and general manager, Atty. Resurrection Florimae C. Velasco.

Velasco said they received a copy of the order on September 7.

Without commenting further on the case, she said, “We respect the Order of the Office of the Ombudsman, we respect the ongoing proceedings, and we will allow the proper process to determine the case”.

The anti-graft office found the evidence against Comendador “strong” to warrant a preventive suspension. The Ombudsman, however, stressed that the suspension order does not resolve the merits of the administrative complaint.

“After a careful examination of the records, and without delving into the merits of this case nor prejudging the same, this Office finds that the evidence against respondent Comendador is strong at this time. Likewise, Comendador stands charged for Grave Misconduct and Gross Neglect of Duty which, if proven true, constitute grounds for his dismissal from government service under the 2025 Rules on Administrative Cases in the Civil Service,” the nine-page order read.

OPASCOR has accused Comendador of allegedly allowing vessels to dock and conduct cargo operations at the Cebu South Harbor and Container Terminal Corporation (CSHCTC), a private commercial port, despite restrictions under CPA Administrative Order No. 02-2010.

Under the policy, private commercial ports may accommodate vessels and cargoes only in cases of spill-over demand, emergency, necessity or congestion at CPA-operated ports.

OPASCOR alleged that Comendador initially rejected a request by Maersk Filipinas Inc. for its vessel, Happy Lucky, to dock at CSHCTC instead of the Cebu International Port (CIP), citing the absence of an emergency, necessity or congestion.

However, in a subsequent letter dated June 4, 2024, addressed to former Cebu governor Gwendolyn Garcia, Comendador reportedly stated that shipping companies and vessels could freely choose their preferred port and that private commercial ports could accept vessels provided they were suitable for such vessels.

Following the June 2024 letter, OPASCOR claimed that major shipping lines, including Maersk and CMA CGM, transferred portions of their operations from CIP to CSHCTC.

According to OPASCOR, the transfer contributed to a decline in cargo throughput, yard utilization and vessel calls at CIP from 2023 to 2025, resulting in reduced revenues for the CPA and adverse effects on the cargo-handling company.

The company also accused CSHCTC of violations involving revenue remittances and cargo-handling fees and claimed that Comendador failed to take adequate action.

The complaint further cited a CPA cease-and-desist order issued in October 2025 against CSHCTC over the expansion and use of port facilities beyond the scope of its permit. According to OPASCOR, the order had not been fully implemented.

In ordering Comendador's suspension, the Ombudsman said his continued stay in office could allow him to influence witnesses or tamper with evidence relevant to the case, given his powers and authority as CPA general manager.

Under Section 24 of Republic Act No. 6770, or the Ombudsman Act of 1989, the Ombudsman may impose preventive suspension when the evidence of guilt is strong and the case involves grave misconduct or neglect of duty, among other circumstances.

The preventive suspension is without pay and shall not exceed six months.

The order is immediately executory and its implementation will not be interrupted by any motion, appeal or petition filed by Comendador unless otherwise ordered by the Ombudsman or a competent court.

The Office of the Deputy Ombudsman for the Visayas was directed to immediately implement the suspension and submit a report on the action taken within three days from receipt of the order.

The Freeman tried to contact Comendador for comment through his staff but was told that they still needed to seek his feedback on the matter. — (FREEMAN)