Ourense Provincial Court Orders Dismissal of Jácome Prevarication Case

The Audiencia Provincial of Ourense has ordered the definitive archiving of the criminal case against Mayor Gonzalo Pérez Jácome for alleged prevarication, according to La Voz de Galicia. The court accepted the defense's appeal and ruled on June 26, 2026 that any irregularities in Jácome's conduct should be resolved through administrative channels — not criminal ones.
The ruling is a major political victory for Jácome, who faced a prosecution request for a 9-year ban from holding public office, according to La Vanguardia. The case had centered on whether the mayor illegally collected a full public salary while earning nearly €788,000 from private businesses between 2019 and 2024.
The case began when former Democracia Ourensana councilor Telmo Manuel Ucha Álvarez filed a formal complaint in April 2024. He alleged that Jácome had been illegally drawing a full public salary — rising from €36,501 in 2019 to €77,457 in 2024 — while managing private businesses on the side, according to La Región.
Spanish law requires mayors on full-time dedication to get explicit permission from the City Council before earning private income. Prosecutors argued Jácome never sought that permission. His private activities — including running local TV station Auria TV — brought in €218,041 in 2020 alone, according to El Diario.
The Audiencia Provincial's Second Section ruled that "not every omission or breach of duty by an official can be categorized as administrative prevarication," according to La Opinión de A Coruña. The judges said prevarication requires an active, arbitrary resolution — not simply a failure to file a form.
The court also noted that Ourense's own technical staff never raised a formal legality objection during the five years in question. That absence of an internal red flag weakened the prosecution's argument that Jácome had criminal intent. If money is owed back, the court said, an administrative lawsuit is the right path.
Prosecutor Mario Brualla González argued that Jácome's failure to request a compatibility waiver was a criminal "omission of duty" under Article 404 of Spain's Penal Code, according to Moncloa. The private prosecution, led by Ucha, went further — seeking an 11-year prison sentence and adding charges of embezzlement and document forgery.
Jácome consistently dismissed the accusations as minor technicalities and claimed he was being targeted politically. His supporters called the prosecution's push for a 9-year disqualification a "judicial coup" by traditional parties unable to beat him at the ballot box, according to local political analysts.
The political opposition — PP, PSOE, and BNG — had previously called the situation "gravísima." PP's Ana Méndez noted Jácome had not submitted a property declaration in seven years. PSOE's María Fernández Ojea said any "standard politician" would have resigned for "ethics and aesthetics," according to Diario Córdoba.
The criminal case is now closed, but the administrative door remains open. The Audiencia's ruling explicitly noted that parties can still sue in administrative court to recover salaries paid out in violation of incompatibility rules. With municipal elections less than a year away, Jácome now heads into the campaign cycle free of immediate criminal jeopardy, according to Levante-EMV.
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