Raymong Alvin Garcia takes his oath as Cebu City Mayor at the Cebu City Hall, administered by Leocadio Trovela, the regional director of Department of Interior and Local Government (DILG) Central Visayas, on Wednesday, October 9, 2024. CDN Digital photo | Pia Piquero
CEBU CITY, Philippines – The assumption of Raymond Alvin Garcia as Cebu City mayor is “definitely not valid,” according to one of dismissed mayor Michael Rama’s legal counsels, Lawyer Collin Rosell.
He said that the Ombudsman has yet to serve a copy of the order that disqualifies Rama from his mayoral position.
“Wala pa ma-serbi, klaro nangita pa og ebidensya. Ang Ombudsman Visayas nga maoy mo-implementar wala silay kopya sa order,” Rosell said during a press conference on October 18.
On October 9, 2024, Garcia took his oath as mayor at Cebu City Hall, which was administered by Leocadio Trovela, regional director of the Department of Interior and Local Government (DILG) in Central Visayas.
However, Rosell questioned the DILG’s handling of the case.
He said that the agency failed to follow proper legal procedures and noted that if the DILG had thoroughly reviewed the process, it would have been easier for Rama’s legal team to understand and evaluate the basis of the order.
“Ang DILG man gud dili siya korte. Ilang pagasusihon unta ang processo sa unsa among gipahayag karon kay kung mao ila pamaagi dali unta maappreciate sa mga abogado og naa lang mi papel basehan og kanus-a nila nadawat, unsay naabot sa ila, unya gipangayoan sila pero misulti sila og wala [silay madawat na kopya sa order],” he said.
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The controversy stems from an order issued by the Office of the Ombudsman on October 3, 2024, permanently disqualifying Rama from holding any government position.
The ruling, dated September 9, found Rama guilty of nepotism and grave misconduct for hiring his wife’s two brothers as casual employees at City Hall.
The order entailed Rama’s dismissal from service, cancellation of eligibility, forfeiture of retirement benefits, and a permanent ban on holding any future government position.
However, Rama and his legal team have contested this decision. They argued that the Ombudsman’s order had not been officially served to them.
In a press statement on October 18, Rama addressed the irregularities surrounding the service of the Ombudsman’s decision.
According to Rama, despite news circulating about his disqualification, he has yet to receive an official copy of the order.
He also described an incident on October 5, where police officers left an envelope supposedly containing the Ombudsman’s letter at the gate of his residence. He argued that this method of delivery was improper and unlawful.
“Tuod man, niadtong Oktubre 5, 2024 sa buntag, walay trabaho kay adlawang Sabado, personal nga miadto sa balay ni Rama kauban ang bag-ong hepe sa kapulisan sa siyudad nga si Col. Cañete ug laing pito ngadto sa napulo ka mga pulis…Ang maong buhat dili makatarunganon ug salawayon kay ang opisina sa Ombudsman ang angay nga mopadangat sa sulat diha laing tawo nga way katungod ug walay pagtugot gikan sa opisina sa Ombudsman,” the statement read.
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Rama’s legal counsel has filed a motion for reconsideration with the Ombudsman, seeking to overturn the decision. One of the key arguments raised was that the decision was signed by the Deputy Ombudsman, not the Ombudsman himself.
In a press statement, Rama questioned the legal validity of the decision, noting that the law requires the Ombudsman to personally sign rulings involving high-ranking officials with a salary grade of 30, such as mayors.
“Angay sab masayran, nga sa atong pakisusi sa kopya sa desisyon nga gipost sa facebook. Klaro nga dili ang Ombudsman ang mipirma ug Page 2 of 2 miaprobar sa desisyon. Ang mipirma pag aprobar sa maong desisyon kay ang deputy Ombudsman ra, nga unta ang posisyon pagka Mayor sa syudad gi konsiderar man nga taas nga pwesto sa goberno, Salary Grade 30 ug sumala sa pamalaod ug patakaran sa Ombudsman, kinahanglan gyud ang Ombudsman maoy mopirma kay mayor man ang hingtungdan,” it read.
“Dakong pangutana kung balido ba ang maong desisyon batok sa usa ka Mayor nga walay pirmi ug pag-aprobar sa Ombudsman mismo sukwahi sa pamalaod,” it added.
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In the meantime, Garcia has started taking steps to assume the mayoral office, appointing new officials, including Lawyer Santiago Ortiz Jr. as city legal officer and Police Colonel Antonietto Cañete as chief of police.
Rama’s camp criticized the appointment, saying Garcia’s assumption of office was “premature and illegal.”
Meanwhile, Rama said that his legal team filed a petition with the Supreme Court on October 7, 2024, to prevent the Commission on Elections from disqualifying him from the 2025 mayoral race. /clorenciana