Lawyer with ties to Osmeña says the mayor is ‘unqualified’ to be get P20,000 as a calamity victim

HIS TARGET IS RAMA

Lawyer Reymelio Delute (right) looks over his files while co-counsel Ben Militar answers questions during a hearing by the DILG in Cebu City on the issue of 2013 calamity aid released by City Hall. (CDN PHOTO/ LITO TECSON)

Lawyer Reymelio Delute, 67, insists that Cebu City Mayor Michael Rama abused his power by releasing P20,000 in calamity assistance to each City Hall employee in 2013 , and receiving aid himself.

He called Rama “unqualified” as a calamity victim of super typhoon Yolanda and the Bohol Earthquake, which didn’t hit Cebu City directly.

The 67-year-old lawyer, who is identified with Rama’s arch rival, Tomas Osmeña, zeroed in on the mayor and vice mayor, during yesterday’s resumption of a formal investigation by the Department of Interior and Local Government (DILG).

The administrative complaint for grave abuse of authority and grave misconduct was filed last year against both officials and 12 city councilors before the Office of the President.

SUSPENSION SCENARIO
The political tension over the case stems from the fact that a similar case for abuse of authority, heard by DILG hearing officers who flew in from Manila, led to the six-month preventive suspension of then Gov. Gwendolyn Garcia on Dec. 19, 2012, about five months before the May 2013 election.

Rama’s allies worry that a similar play of legal proceedings would be arranged by the administration to cripple the mayor.

Rama is seeking reelection in May 2016 against a comeback bid of Osmeña, and openly supports the presidential bid of Vice President Jejomar Binay.

Delute yesterday appeared as his own witness to his complaint.

His co-counsel Benjamin Militar asked him why he filed it.

READ: Who is Delute?

Delute focused his answers on the conduct of Mayor Rama and Vice Mayor Labella.

“Mayor Rama exceeded his authority because only P61 million was allowed by the city council as calamity assistance to City Hall employees. But he augmented it with P23 million more without authority from the City Council,” Delute said.

Citing City Hall budgets, he said P61 million was allowed under the Supplemental Budget No. 2379 and 2380 and that the mayor added P23 million from a “donations” account under the Office of the City Administrator.

Giving P20,000 across the board to all employees and officials is also grave misconduct, Delute said, because the ordinance states that the calamity aid should only be given to “qualified” calamity victims.

As for Vice Mayor Labella, he said said there was äbuse of authority “when Labella went down from his post as presiding officer of the city council to give a privilege speech, defining on his own what calamity victims are,” Delute said.

He said a record of the speech shows Lablella explaining that calamity victims don’t just refer to those whose homes were directly damaged by the earthquake and super typhoon in 2013, but also those who suffered anxieties and worries during the twin calamities.

The 67-year-old Delute is a known supported of the Bando Osmena-Pundok Kauswagan (BOPK) the rival political party of Team Rama.

He ran as barangay captain of Basak San Nicolas against the late George Ramain the 2013 barangay elections but lost.

Delute confirmed that he confided with BOPK founder Tomas Osmena before he filed the case especially since it involved BOPK-allied city councilors.

Delute yesterday presented documents such as the Notice of Disallowance of the Commission on Audit (COA) regarding the city’s calamity aid, copies of the budget ordinance covering the aid as well as a copy of the privilege speech of Labella.

Several questions asked by Militar were objected to by Cebu City Attorney Jerone Castillo and lawyer Rey Gealon.

“He is incompetent your honor in terms of whether or not these records are official records,” Gealon told DILG hearing officer Isidro Barrios III.

He cited Rules of Court which state that public records should be made official by publication or as identified by the officer in charge who is the custodian of the public records.

“He is not the custodian of these records and he cannot attest whether or not these are authentic,” added Castillo.

Militar said they will just ask later for certifications from those keeping City Hall’s public records.

Today will be the turn of city lawyers to cross-examine Delute.