Ombudsman clears Rama of malversation raps

IT was a vindication that came too late but still welcomed by former Cebu City mayor Michael Rama.

The Office of the Ombudsman has dismissed a criminal complaint filed against the former mayor over the city’s grant of a P20,000 calamity aid to City Hall employees in 2013.

In an order dated August 18 but received by Rama’s camp last Thursday, the anti-graft office found no probable cause to find Rama guilty of malversation, technical malversation, and violation of Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.

“There is no evidence to prove that the subject funds were taken or misappropriated by respondent,” read a portion of the seven-page resolution penned by Graft Investigation and Prosecution Officer IV Millicent Reyes and approved by Ombudsman Conchita Carpio-Morales.

Following the 7.2-magnitude earthquake and Super Typhoon Yolanda which partly hit Cebu City in 2013, the Cebu City Council declared the city under a state of calamity and later appropriated funds for the release of a P20,000 calamity aid to all City Hall employees.

This prompted lawyer Reymelio Delute to file a criminal complaint against the mayor before the Ombudsman.

A separate administrative complaint was also filed by Delute before the Office of the President which eventually led to the suspension of Rama, Vice Mayor Edgardo Labella and 12 city councilors in April 2016.

Copies of the Ombudsman’s resolution were given by Rama to reporters in a press conference yesterday.

“I’m just thanking God, Sr. Sto. Niño. Maybe not too soon needed, but better late than never. Vindication has come,” he said.

According to the anti-graft office, there was no probable cause to charge Rama for malversation as the calamity aid was disbursed by the city pursuant to Ordinance Nos. 2379 and 2380 which covered the appropriation of P61.1 million and P26.3 million, respectively for the grant of the calamity aid.

The funds were also duly received by the 4,200 regular and casual employees of City Hall at that time.

“Respondent’s acts of complying with and enforcing the provisions of the said Ordinances cannot reasonably be characterized as taking, appropriation or misappropriation of the subject funds by respondent for his own personal use,” the resolution read.

They also explained that there was no technical malversation since the appropriated funds were used for their intended purpose.

The Ombudsman also cleared Rama of alleged violation of the Anti-Graft and Corrupt Practices Act as there were no records which showed that he acted with “manifest partiality, evident bad faith or gross inexcusable negligence.”

For his part, Rama noted that they had been harping on the same grounds during the series of hearings conducted by the Department of Interior and Local Government (DILG) on Delute’s administrative case against them.

However, the case became “politicized,” Rama lamented.

According to Rama, they were able to get a copy of a 15-page resolution on the case drafted by the DILG hearing officer which recommended its dismissal; but then executive secretary Paquito Ochoa Jr. and DILG Undersecretary Austere Panadero overturned the officer’s decision and replaced it with a “two-page, vague resolution” finding them guilty and ordering their suspension.

“We are looking at our next move. Considering that we were unfairly treated during that time. I don’t know if we still have legal remedies against executive secretary Ochoa and undersecretary Panadero,” Rama said.

The former mayor said that he will also look into earlier reports that some city employees were forced to return the P20,000 calamity aid given by the city in 2013.