Ex-Cebu City administrator arrested at City Hall for usurpation

Suspended City Administrator Collin Rosell was handcuffed after resisting arrest at Cebu City Hall on Friday, November 8, following his unauthorized entry and alleged usurpation of authority.

CEBU CITY, Philippines – Suspended Cebu City Administrator and lawyer Collin Rosell was arrested inside the Office of the Mayor at Cebu City Hall on Friday, November 8, 2024, following his unauthorized entry into the premises.

Police Colonel Antonietto Cañete, director of the Cebu City Police Office (CCPO), said that Rosell was arrested on “usurpation of authority” for allegedly attempting to assume powers reserved for City Administrator Kristine Batucan without legal authority.

Along with the usurpation charge, Rosell also faces charges of resistance and disobedience to a person in authority. According to the detention certificate, criminal cases against Rosell are set to be filed with the Cebu City Prosecutor’s Office on November 11, 2024.

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Cañete reported that Rosell was taken into custody around 6 p.m. and is currently detained at Waterfront Police Station 3. If a judge or competent court issues a release order, Rosell may be released.

In an interview with Rosell at the police station, he claimed his arrest was “illegal.” He argued he was merely seated and performing his duties as city administrator when police apprehended him without a warrant.

Illegal arrest?

“Warrantless arrest dapat man gyud ana naka commit ka’g salaod unya impossible nga naka commit kog salaod kay gipahayga nakos media nga klaro ang basehan. Og mo conclude man gud ka nga sayop ang basehan bisan naa, then ikaw na nay niingon nga salaod to. Therefore, illegal per se,” Rosell said.

Moreover, Lawyer Mikel Rama, one of Rosell’s legal counsels present at the police station, said he was shocked by Rosell’s arrest for usurpation of authority, asserting that such cases are complex and require probable cause.

Rama argued that cases of usurpation should require a warrant, as they differ from crimes like robbery or murder where fault may be immediately evident.

“Di ko kasabot nga naay warrantless arrest ang usurpation nga ma in flagrante delicto diay ang usurpation, nga naa may questions of facts and law. Maka-probable cause ba diay nga ang police magtan-aw sa tawo nga naa sa opisina, maka-determine diay sila nga usurpation? Dili man na robbery or theft. Daghan man kag lain butang nga kinahanglan i-determine, mao nga katingalahan kaayo,” Rama said.

Rosell was among seven city employees, including dismissed Mayor Michael Rama, who was ordered on preventive suspension due to grave misconduct and conduct unbecoming of a public officer, and conduct prejudicial to the best interest among others.

Tension at city hall

The decision stemmed from a case that involved the reassigning of several city hall employees which resulted in the city government’s failure to pay them their wages for 10 months.

Earlier on Friday, Rosell and Rama’s legal team held a press conference at the Mayor’s Conference Room. They insisted on Rama’s return to office, despite his dismissal following a guilty ruling in a nepotism case.

Following the press conference, which lasted about an hour, Rosell reportedly moved to the Office of the City Administrator, where he attempted to gain access. However, staff barred him from entry, stating they did not have the key to open the locked office.

Rosell insisted he needed access to retrieve personal belongings and maintained that he was reinstated as city administrator as of that day. A tense exchange occurred between Rosell’s staff and City Hall employees, with both sides demanding access to the office.

Denied entry to the administrator’s office, Rosell proceeded to the Office of the Mayor, which has been unused since Mayor Raymond Alvin Garcia opted to work from the Vice Mayor’s office.

Rosell issues memo

Rosell then issued a memorandum, designating himself as city administrator and directing the Civil Security Unit (CSU) to follow new protocols.

The memo stated, “This is to formally inform you that Mayor Michael L. Rama has reassumed his position as Mayor of Cebu City, effective 8:00 AM this morning, November 8, 2024.”

“By authority of the Mayor, you are hereby ordered to report directly to the undersigned, the City Administrator, for instructions regarding security arrangements at Cebu City Hall,” it added.

Furthermore, Rosell reportedly refused to acknowledge a notice from the Office of the Mayor, officially terminating his coterminous appointment, which was set to expire on October 9, 2024.