Ombudsman upholds Garcia’s legitimacy as Cebu City mayor

Ombudsman clears Garcia in administrative case

Raymond 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 Office of the Ombudsman has dismissed a complaint against Mayor Raymond Alvin Garcia over the termination of a co-terminus employee, upholding his authority as Cebu City’s chief executive. It further weakens former Mayor Michael Rama’s claim to the mayoral seat.

The ruling, issued on March 20 and obtained by the media, rejected the complaint filed by Homer Mariano Cabaral, a former executive assistant under Rama, who alleged that his dismissal was unlawful.

Cabaral argued that Garcia had no authority to remove him because Rama’s dismissal was not final, claiming the former mayor had yet to receive a formal copy of the order removing him from office.

However, in a strongly worded resolution, the Ombudsman dismissed Cabaral’s arguments.

“The Office of the Ombudsman correctly summed up its legal interest in the matter in controversy. To hold otherwise would have been tantamount to abdicating its salutary functions as the guardian of public trust and accountability.”

READ: Rama loses appeal: Ombudsman affirms dismissal for nepotism

The Ombudsman reaffirmed its jurisdiction over administrative cases involving local officials, citing the 1987 Constitution and Republic Act No. 6770 (The Ombudsman Act of 1989), which grants it the authority to investigate, discipline, and remove public officials.

It also emphasized that under Section 27 of the Ombudsman Act, decisions in administrative cases are final and executory, meaning that an official does not need to personally receive the ruling for it to take effect.

“The execution of the decision is not contingent on personal service to the respondent official. The finality and executory nature of the Ombudsman’s rulings remain in full force unless overturned by a competent court,” the ruling stated.

The Ombudsman also criticized Cabaral’s stance. It points out the contradiction in his complaint.

“It cannot be helped but be pointed out that the complainant, who argues that the Ombudsman has no authority to dismiss mayors of highly urbanized cities, is asking the very same Office to take action on his complaint against Mayor Garcia.”

READ: Mike Rama defiant after Ombudsman ruling: ‘Do not be swayed’

The ruling

With this latest decision, the Ombudsman effectively solidifies Garcia’s authority as the legitimate mayor of Cebu City, as it reaffirms its previous ruling that removed Rama from office.

In a statement released on Thursday, Garcia welcomed the ruling. He calls it a “clear affirmation of his legitimacy” as Cebu City’s chief executive.

“I welcome the decision of the Office of the Ombudsman dismissing the case filed against me by Mr. Homer Cabaral. This ruling affirms the legitimacy of my authority as mayor and upholds the rule of law in our city’s governance,” Garcia said.

READ: Ombudsman: 90% of cases filed are politically motivated

He emphasized that co-terminus employees, such as Cabaral, serve at the discretion of the appointing official and their tenure automatically ends when that official is removed.

“When former mayor Michael Rama was dismissed from office, it followed that his co-terminus employees, including Mr. Cabaral, no longer had legal grounds to remain in their positions,” Garcia explained.

He also highlighted that the Ombudsman’s order directly contradicts Rama’s claims that his dismissal is not yet in effect.

“This ruling reinforces what has been clear from the start: that the Ombudsman’s decisions are final and executory. It removes any doubt about who holds the authority to lead the city government,” Garcia added.

Rama’s legal battle

The Ombudsman’s ruling delivers a fresh political and legal blow to Rama, who has been seeking to invalidate his dismissal and reclaim the mayoral seat.

Rama’s camp has argued that the Department of the Interior and Local Government (DILG) has yet to formally execute his removal, insisting that without personal receipt of the order, he remains the rightful mayor.

However, legal experts note that the Ombudsman’s latest ruling shuts down that argument, clarifying that its decisions do not require personal service to take effect.

With this development, Garcia urged all stakeholders to respect the Ombudsman’s ruling and focus on the city’s governance.

“I urge everyone to respect the Ombudsman’s ruling and move forward in ensuring that City Hall remains focused on serving the people of Cebu City with efficiency, accountability, and good governance. Let us work together for the betterment of our city,” Garcia said. /clorenciana