Ombuds finds probable cause in nepotism case vs. Rama

Suspended Cebu City Mayor Michael Rama answers a few questions from the media in this photo taken on August 12, 2024. | CDN Digital photo | Niña Mae Oliverio

CEBU CITY, Philippines – The Office of the Ombudsman has recommended elevating to the court the nepotism case lodged against suspended Cebu City Mayor Michael Rama.

The state’s anti-graft investigating body found probable cause to indict Rama for three counts of violating the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019) over alleged nepotistic appointments in City Hall.

The ruling was promulgated on July 31, 2024, but copies of the document were only released to the public on Wednesday, September 25.

ALSO READ:

Rosell: Panel of lawyers to address Mayor Rama’s nepotism case

Rama’s camp awaits Ombudsman’s clarification on rumors of his dismissal

It was penned by Myra Nimfa Solidum-Mendieta, Graft Investigation and Prosecution Officer.

Based on the 15-page decision, the Ombudsman stated that Rama’s defense over accusations that he appointed two of his brothers-in-law, Gomer Gimenez Mandanat and Elmer Gimenez Mandanat, in the city government were not convincing.

Elmer and Gomer are brothers of his current wife, Marilou Gimenez Mandanat-Rama.

Maliciously misled

Rama told anti-graft investigators that he was “surreptitiously made to sign the Plantilla of Casual Appointments for Elmer and Gomer and was maliciously misled by the HRMO (Human Resources & Management Office) to sign the subject of appointments of Elmer and Gomer.”

The Ombudsman, in response, said that the suspended mayor’s claims were unsubstantiated.

“One who alleges a fact has the burden of proving it and a mere allegation is not evidence,” they explained.

“He was expected to exercise due diligence in the performance of his duties and a higher degree of circumspection and, necessarily, go beyond what his subordinates had prepared,” they added.

In addition, the Ombudsman pointed out that the brothers-in-law happened to be third degree relatives of the suspended mayor.

“As established in the records, the foregoing appointments of Elmer and Gomer… are considered nepotistic appointments, the latter being respondent’s relatives within the third civil degree of affinity,” they said.

Nepotism

Rama’s camp, in response, will be filing motion for reconsideration in an attempt to reverse the decision.

“We are ready to take this latest Resolution head on, and we are confident that Mayor Rama will attain justice,” the suspended mayor’s legal counsel added.

A concerned citizen named Jonel Saceda, with an alias “Inday Josa Chongbian Osmeña,” sued Rama for alleged nepotism, grave misconduct, and graft and corruption after the mayor hired his wife’s two brothers to work under casual employment for the Cebu City Government.

The complainant accused Rama for appointing Elmer as process server under the Office of the Mayor for the period of July 1, 2022 until December 30, 2022.

He also appointed Gomer as administrative aide III under the Cebu City Medical Center for the period of July 1, 2022 until December 31, 2022.