BRACING FOR SUSPENSION

Cebu City Mayor Michael Rama, shown here with his son Mikel Rama, answers questions from the media regarding his suspension issue during a press conference held at the Rama Compound’s bahay kubo. (CDN FILE PHOTO)

When it rains, it pours.

After he failed in his bid for reelection, Cebu City Mayor Michael Rama is facing yet another major obstacle.

Rama, Vice Mayor Edgardo Labella, and 12 city councilors are bracing for the implementation of the six-month suspension order over the release of calamity aid to City Hall employees in 2013.

The Commission on Elections (Comelec) has given the go-signal for the Department of the Interior and Local Government (DILG) to carry out the suspension on the City Hall officials.

“Nakahibawo na ko ana (I know about that). There’s nothing new about it,” Rama told Cebu Daily News over the phone last night.

“I don’t have to comment further. I think the whole thing will speak for itself. We will just see what will happen next week. That’s what we call ‘we will just cross the bridge when we get there,’” he added.

Labella said he has not received a copy of the Comelec order but said he already heard reports about it.

“I have yet to read the decision. But definitely, we will invoke Judicial Review,” said Labella, who like Rama, is a lawyer by profession.

The Omnibus Election Code prohibits the suspension of elective local officials during the election period, which is from January 10 to June 8, without prior approval from the Comelec, unless the case involves violations of the Anti-Graft and Corrupt Practices Act.

But the Office of the President, through the DILG, requested an exemption from Comelec to allow the suspension of Rama and the other city officials, who were all meted a six-month suspension by the Office of the President in April.

Chairman Andres Bautista earlier deferred actions on requests for the implementation of suspension orders against elected officials until after May 9.

Since the elections are over, the poll body ruled on the request and lifted the ban on the suspension of elected local officials.

DILG Undersecretary Austere Panadero, in response to a query from CDN, said by text that he was already informed about the action of Comelec on their request for permission to implement the suspension order against Rama, Labella and 12 councilors but he has yet to see the poll body’s order.

EXPECTED

While he has yet to receive a copy of the order, Comelec director for Central Visayas Nick Mendros said it was expected that the poll body would have to act on the petition of Malacañang to grant a clearance to DILG to implement the suspension of elected officials after the May 9 elections.

“And since tapos na ang May 9, so we expect the (Comelec) chairman to entertain and rule on requests for suspension (of elected officials),” he said in a phone interview.

Last month, the Office of the President had issued a six-month suspension order against Rama and 13 elected city officials.

The respondents were found guilty of abuse of authority for “wasting public funds” when they distributed P20,000 to each City Hall employee in the aftermath of the 7.2-magnitude earthquake and Supertyphoon Yolanda that hit Cebu in October and November 2013, respectively.

Executive Secretary Pacquito Ochoa, who signed the decision on April 7, said there was no proof that those who received the calamity aid from the city government were victims of the two calamities that wreaked havoc in the Visayas region three years ago.

Interior Secretary Mel Senen Sarmiento sought clearance from the Comelec before implementing the penalty considering that the suspension order was issued within the election period.

Aside from Rama, also to be suspended are Labella and Councilors Noel Wenceslao, David Tumulak, Nendell Hanz Abella, Gerardo Carillo, Nestor Archival Sr., Mary Ann de los Santos, Sisinio Andales, Alvin Arcilla, Roberto Cabarrubias, Ma. Nida Cabrera, Alvin Dizon and Eugenio Gabuya Jr..
Four of the respondents—Wenceslao, Tumulak, Abella, Carillo and Labella—are members of Team Rama while the rest belong to the Bando Osmeña-Pundok Kauswagan (BO-PK), the political party of Cebu City Mayor-elect Tomas Osmeña (Liberal Party).

Councilors Margarita “Margot” Osmeña, Lea Japson, James Anthony Cuenco and Richard Osmeña were not included in the complaint originally filed before the Department of Interior and Local Government (DILG).

Margot, wife of then former mayor Osmeña, and Japson abstained from voting from the P140-million Supplemental Budget, of which P83.5 million was appropriated for calamity assistance to City Hall’s 4,200 employees and elected officials.

Cuenco was out of the country when the budget resolution was passed in 2013 while Richard Osmeña was absent.

SECOND TIME

Some BO-PK councilors had returned the P20,000 they received upon learning that a case had been filed against them.

Last January, former councilor Jocelyn Pesquera, Rama’s ex-girlfriend, gave the City Treasurer’s Office P20,000 as refund of the amount the mayor received as calamity aid after rumors on the possible issuance of a suspension surfaced.

Rama later denied having returned his share, standing firm on his claim that the release of the amount was valid and legal.

The recent suspension against Rama marked the second time that the Office of the President issued such an order.

Last December, the Office of the President also issued a 90-day preventive suspension order against the mayor over the alleged unlawful demolition of a median structure or center island and a street lighting project on Katipunan St. in Barangay Labangon.

The recent suspension stemmed from a complaint filed in April 2014 by lawyer Reymelio Delute, a City Hall consultant when Osmeña was mayor from 2001 to 2004.

Delute questioned the respondents’ act in granting calamity assistance to all employees and officials of City Hall whom he said were not victims of the calamities.

According to Delute, Rama “fabricated” victims and granted each of them P20,000 as calamity assistance.

He also claimed that Rama as well as the city officials allegedly also benefited from the relief assistance as they were among the beneficiaries of the cash aid.

The Commission on Audit (COA) earlier said that the release of the P83.5-million calamity assistance to employees violated the Salary Standardization Law covering benefits due to government employees.