Ombud tells Rama, 2 others to answer SB1 protest case

The Office of the Deputy Ombudsman in the Visayas has asked suspended Mayor Michael Rama and two others to explain their participation in a protest action staged in front of the Cebu City Hall during office hours in October last year.

The anti-graft office found “enough bases to proceed with the preliminary investigation and administrative adjudication” of the case filed by a certain Engr. Patricio Salado, Jr.

Also asked to submit their respective counter-affidavit were Association of Barangay Councils (ABC) president Philip Zafra and vice president Joel Garganera.

The order, dated January 18, was issued by Jane Aguilar, OIC of the Ombudsman’s Evaluation and Investigation Office.

Garganera said he received a copy only yesterday morning. They have 10 days within which to file their reply.

Garganera said they were ready to answer the complaint. He will meet with Rama and Zafra about the case.

“On the part of the barangay captains, we were just expressing our sentiments and that is a constitutional right. I don’t think we violated anything here,” he said.

COMPLAINT

In his complaint, Salado said the officials violated the Code of Conduct and Ethical Standards for Public Officials and Employees as well as the Anti-Graft and Corrupt Practices Act when they staged the protest to compel the City Council to act on the proposed P2.6-billion Supplemental Budget (SB) 1.

He asked the Ombudsman to criminally prosecute and administratively sanction the three officials. He also asked for the three to be put under preventive suspension while the resolution of the complaint is pending.

Garganera said it wasn’t their protests that hampered the city’s delivery of basic services but the refusal of the council to act on the SB1. He said it’s just part of the Liberal Party’s game plan.

“Their game plan is to suspend the allies of the mayor and the mayor himself,” he said.

For his part, Zafra said he has yet to receive a copy of the order.

He described the complaint as mere political harassment. He said he was attending the council session that day as ex-officio councilor.

“We can’t stop the barangay officials and employees from going to City Hall. When did it become illegal to express our redress for grievances and ask for the council’s support?” he said.

He said he will ask his lawyers to study the order.

“If fighting for the concerns of the 80 barangays is a sin, who by the way were just asking the council to please pass SB1 considering that vital basic services are there such as the prepayment of the entire SRP debt, the asphalting of our dilapidated roads, the fencing of our public elementary schools, the procurement of street lighting facilities for the barangays, among others, then I plead guilty to it,” Zafra added.

ALL GONE

Meanwhile, the Cebu City government used up its P201-million SB2 last year.

The Department of Budget and Management (DBM) 7 earlier returned the SB2, saying it cannot review it since they have not received a copy of the SB1 yet.

But City Budget Officer Marietta Gumia said it will not affect the use of the budget anymore.

“There’s nothing to continue (or stop) because the contents of SB2 are only the incentives and tipping fee. There’s some savings from the incentives. That will form part of the retained operating expenses,” she told CDN.

She said out of the P127 million appropriated for the P30,000 across-the-board cash incentive for City Hall employees last December, P17.7 million was declared as savings.

Gumia said this is because not all employees were qualified based on the guidelines.

Acting Vice Mayor Nestor Archival, Sr. earlier wrote DBM-7 explaining that there is only one SB in 2015 since SB1 was shelved due to the pending case questioning the validity of the lot sale at the South Road Properties (SRP), the proceeds of which will fund the P2.6-billion SB1.

Acting Mayor Edgardo Labella, however, said that under the Local Government Code, the council should act on the supplemental budget submitted by the executive department.

“There was an SB1. The law requires that it should be acted upon,” he said.

He noted that there is a mandamus case filed by former city councilor Jose Daluz III in court asking the city council to act on the SB1.