Mayor Garcia: Carnapping case possible if Rama fails to return van

Cebu City Mayor Raymond Alvin Garcia said one possible action, though not yet definitive, is to file carnapping charges against dismissed Mayor Michael Rama if he refuses to return the government-issued vehicle. | CDN Photo/ Pia Piquero

CEBU CITY, Philippines — Dismissed Cebu City Mayor Michael Rama may face carnapping charges if he continues to refuse to return a government-issued vehicle beyond the city’s set deadline to have it back.

Mayor Raymond Alvin Garcia cited this possibility on February 21 as Rama still had not returned the government vehicle to city hall.

Garcia confirmed that the Cebu City Legal Office (CLO) is reviewing possible legal actions against Rama, including a case of carnapping, as defined under Republic Act No. 6539, or the Anti-Carnapping Act of 1972.

Under this law, carnapping is the taking of a motor vehicle belonging to another, without consent, and with intent to gain.

Government van still in Rama’s possession

As of 7:20 p.m. on February 21, the Cebu City government confirmed that the Toyota Hiace Super Grandia, a city-issued 14-seater van worth P3 million, remained in Rama’s possession.

This is despite a demand letter issued on February 19, giving him 24 hours to return the vehicle. The deadline lapsed on February 20 without compliance from Rama.

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Garcia said the city government would take necessary legal steps if Rama would not return the vehicle.

“The City Legal Office should give recommendations, but this did not come from me. One of their options is to file a case of carnapping, just like what happened to Mayor Tommy [Osmeña] before. But I don’t know if they will go that far. They will have to study the options, but definitely, criminal and civil cases will be on the table,” Garcia said.

The mayor referenced a 2019 case when the Criminal Investigation and Detection Group (CIDG) considered filing carnapping charges against former Mayor Tomas Osmeña over the alleged illegal impoundment of a police officer’s motorcycle.

Rama’s outburst at City Hall

The controversy escalated on February 21 when Rama stormed Cebu City Hall and confronted City Legal Officer Santiago Ortiz Jr. over the retrieval order.

He lashed out against Garcia’s administration, calling the demand letter an act of “tyranny and oppression.”

“[This] is oppression. [This] is tyranny. It’s an abuse of authority, hangtod ang akong sakyanan ipauli,” Rama said. “Nagtuo mo nga sayon kaayo nga inig mata nimo [makabasa ka sa newspaper]. Maypa gipa-leave ko nila. Maypa gipatay na lang ko nila. Ila nana!”

([This] is oppression. [This] is tyranny. It’s an abuse of authority, even my vehicle, it has to be returned. They believe that it is easy to wake up [then you read in the newspaper]. It might be better if they ask me to go on leave. It would be easy if they would just kill me. That will be on them.)

Inside the CLO office, Rama personally demanded Ortiz to explain who authorized the demand letter.

“Look at my eyes. I have not done anything wrong. Katong inyong gisulat, balihon kuno to nato. You are a lawyer—why, in heaven’s name, would you do this? Who directed you?” Rama asked.

(Look at my eyes. I have not done anything wrong. The one you wrote, how about we reverse the situation. You are a lawyer–why in heaven’s name, would you do this? Who directed you?)

Ortiz calmly responded, “The mayor… I’m just doing my job. It was stated in the letter that it was on behalf of the Cebu City government. Don’t take it personally.”

Still agitated, Rama insisted that he remained the rightful mayor.

“My presence here is to make it clear: I am asserting I’m the mayor,” he said.

Legal actions underway

The Cebu City government first demanded the return of two vehicles on October 18, 2024: the Toyota Hiace Super Grandia and a Toyota Yaris Cross. While Rama’s camp surrendered the Yaris Cross last week, the van remained in his possession.

After repeated failed retrieval attempts, the Department of General Services (DGS) escalated the matter to the CLO, leading to the latest demand letter signed by all city lawyers.

With Rama’s continued defiance, the city is preparing to file both civil and criminal cases against him. If a carnapping case is pursued, it could lead to severe legal repercussions, including criminal liability.

“If he fails to comply, the city will take legal action,” the CLO reiterated.

Garcia’s stand

In a separate press conference on Friday, Garcia maintained that all city-owned vehicles in Rama’s possession must be returned.

“A private individual cannot use government property, especially for private purposes. We are very strict about this. I will not allow it,” he said.

Garcia clarified that while a carnapping case would be one possible legal avenue, the priority would remain the peaceful and legal retrieval of the vehicle.

“My directive is to recover the vehicle but not forcibly. We must go through proper legal channels,” he said.

Despite repeated notices, Rama has refused to acknowledge the validity of the demand letter, maintaining that he remains the duly elected mayor.

However, in September 2024, the Ombudsman dismissed him from office on nepotism and grave misconduct charges. Just recently, his appeal was denied, upholding his disqualification.