Hearing starts today; will Rama show up?

Will he show up or not?

Today’s administrative hearing will be the first time Cebu city government officials will be summoned as a group to explain whether they appropriated public funds properly.

Cebu City Mayor Michael Rama, who was in a somber mood yesterday, told reporters he was traveling to Hong Kong to be the keynote speaker at a forum on effective governor, and may not be in town today.

He, Vice Mayor Edgardo Labella and 12 Cebu City councilors are supposed to attend an administrative hearing this morning on a complaint for misconduct filed with the Office of the President in relation to the P20,000 calamity aid ordinance they approved in December last year.

Asked by reporters if the political unrest in Hong Kong ain streets would affect his travel plans, Rama said “I’m checking on that because I may decide not to go because if they can’t secure the meeting why will I be traveling?”

The hearing officer, lawyer Christopher Tiu, of the Legal and Legislative Liaison Service of the Department of Interior and Local Government (DILG), is flying in from Manila to start three-day marathon hearings in the DILG regional office at 9 a.m.

Labella said all the respondents will be present.

City Hall’s legal team will be headed by City Attorney Jerone Castillo but some private lawyers have volunteered to join like Frank Malilong Jr., a columnist and anchor of a current affairs radio program.

Labella, who is a lawyer and former Ombudsman Visayas director, said, “ I want to also be there because I will also be presenting some arguments.”

Councilors Gerardo Carillo and Sisinio Andales who are both lawyers will also represent themsleves.

Labella said he would argue that “there is no valid cause of action in this case because there was a valid ordinance (that authorized the outlay). You cannot collaterally attack the ordinance because it has not even been declared as illegal.”

Only a court of law can declare an ordinance illegal, not the Office of the President or DILG, he said.
“The ordinance was valid and found to be operative in its entirety. How can there be grave misconduct?”
Labella said he would face the investigation.

“For as long as I have a clear conscience, there is nothing to fear,” he said.

He said the DILG hearing officer may first call for a preliminary conference.

“But personally, I prefer that we proceed with the investigation so that issues could be threshed out properly and exhaustedly,” he said.

No postponement

Cebu-based lawyer Remeylio Delute who is identifified with former mayor Tomas Osmena filed a complaint for misconduct against the city officials.

Delute said it was self-serving on their part to each receive P20,000 as calamity aid even if they aren’t calamity victims based on a resolution granting the calamity aid across the board for employees and officials of Cebu City after typhoon Yolanda struck.

Delute didn’t include in his complaint Councilors Margarita “Margot” Osmeña and Lea Japson, who refused to support the measure, and Richard Osmeña and James Anthony Cuenco.

“Please be prepared with your witnesses and documentary evidences if any. No postponement shall be entertained,” said Tiu in a letter dated Oct. 1 which he sent to the respondent officials.

A copy of his letter was received at the Cebu City Legal Office last Oct. 3.

Read more...