FINDINGS QUASHED

CEBU CITY MAYOR MICHAEL RAMA (CDN PHOTO/JUNJIE MENDOZA)

Were Cebu City Mayor Michael Rama and other city officials really guilty of abuse of authority when they gave themselves and all City Hall employees a P20,000 calamity aid each in 2013?

An alleged memorandum prepared by hearing officer Isidro Barrios III and addressed to Interior and Local Government Secretary Mel Senen Sarmiento sometime in December last year concluded that there was not enough evidence against the officials.

Along the way to the Office of the President, however, the findings were overturned and the Cebu City officials were found guilty of abuse of authority.

Mayor Rama, Vice Mayor Edgardo Labella and 12 councilors each face a six-month suspension, which will be implemented if the Commission on Elections (Comelec) en banc decides today to exempt the suspension order from the election ban.

Rama, who spoke to hundreds of employees and supporters after the flag raising ceremony in front of City Hall yesterday morning, mentioned the initial findings.

“As I have said, it was in the newspaper months ago that there was already a recommendation of dismissal of the case (because) it is without merit. Ambot lang kaha kinsay naay kopya ato. Then out of the blue, within campaign period, a treacherous news came about,” Rama said in his speech.

A photographed copy of the alleged memorandum was furnished Cebu Daily News by a source on condition of anonymity, but its authenticity could not be verified as of press time. (Read: NEW SUSPENSION FOR MIKE )

Barrios, who is based in the Department of Interior and Local Government (DILG) head office in Manila, is on official leave for two months and could not be reached.

Romeo Benitez, chief of DILG’s Trial and Investigation Division who also signed the alleged memorandum, declined to comment on the authenticity of the document, saying he isn’t familiar with the case and couldn’t pinpoint the said recommendation.

The document, which was coursed through DILG Undersecretary Edwin Enrile and Assistant Secretary Ma. Perpetua Unico, bore the DILG’s letterhead and the signatures of Barrios and Benitez.

The source, who handed the document, said they got it from a DILG insider who informed them about the recommendation shortly after the DILG wrapped up its investigation on the case in early December.

Rama was hopeful that the document is for real.

“Thank God for that document, hopefully it’s authentic. Because that was what was being mentioned before. But what happened was different, it’s not the same. I’m happy that that’s what’s being said in the document. I wish it is authentic,” Rama told CDN.

A source at the DILG head office, however, said it’s possible that a recommendation by a hearing officer would be overturned at the DILG secretary’s level or even at the Office of the President which is the deciding entity on administrative complaints filed before them.

“NOT CULPABLE”

The alleged Barrios memorandum recommended that Rama, Vice Mayor Labella and the 12 impleaded city councilors were “not culpable” on the allegation of misconduct and abuse of authority. The administrative complaint was filed by lawyer Reymelio Delute in 2014.

Based on the document, Barrios said Rama didn’t go beyond the provisions of the calamity aid ordinance. He upheld the presumption of regularity for public officials.

“In this case, the complainant failed to present sufficient evidence to prove that the respondents were remiss of their duties and therefore, the presumption of regularity in the performance of official duties must therefore prevail,” the document stated.

As for Labella and the members of the council, Barrios said they cannot be held accountable anymore since Delute and his legal counsel Benjamin Militar said in one of their hearings that they are not questioning the validity of the ordinance covering the grant of the calamity aid.

Barrios said this should be considered as “judicial admission” on the part of the complainant.

“Considering therefore that the complainant had admitted the legality of the subject resolution and ordinances, he should not be allowed to take a contradictory stand in relation to the same resolution and ordinances,” he ruled.

As for the act of the city officials in receiving the P20,000 aid, Barrios said it shouldn’t be taken against them since they are part of those considered “qualified” to get the aid.

BACK DOOR

In his speech yesterday morning, Rama lamented the suspension order, saying it’s a way for his opponents to take over City Hall.

“Another challenge I have to face this time, together with many. It has to be many so it will not have to be obvious that they are after my neck. Because they thought that once I am out of government, they will come in via the back door, never being elected, and run the city according to their whims and caprices. It’s a shame. It is shameful, unpalatable and will leave in the history a bad taste,” Rama said.

Aside from Rama and Labella, councilors Nestor Archival Sr., Mary Ann de los Santos, David Tumulak, Nendell Hanz Abella, Sisinio Andales, Alvin Arcilla, Roberto Cabarrubias, Ma. Nida Cabrera, Gerardo Carillo, Alvin Dizon, Eugenio Gabuya Jr. and Noel Wenceslao also face suspension.

If the suspension order is implemented, Councilor Margot Osmeña of the Bando Osmeña-Pundok Kauswagan (BO-PK) would become acting mayor.

Osmeña, wife of Rama’s archrival Tomas, topped the city council race in 2013 and, under the rules, would become mayor if the vice mayor is also not available.

Rama, who is seeking reelection, told his supporters though that they should not trouble themselves with the issue.

“May 9 will come anyway. Let our voices be heard. Let our stand be felt and let ourselves be one,” he said.

RECONSIDERATION

City Legal Officer Jerone Castillo reiterated that under the rules governing the investigations of the Malacañang, an official should have 30 days to file a motion for reconsideration. If it’s denied, he said that’s only when the DILG can apply before the Comelec for an exemption from the election ban on suspension.

Lawyer Mikel Rama, the mayor’s son, also spoke to their supporters and City Hall employees and stressed that everything was above board.

“If they will implement that suspension, I’m telling you, that suspension is illegal. There is no suspension that can be legally implemented, in our case, within the election period. If mopugos sila, they are violating the rule of law, and I won’t let that happen,” he said.

In a press conference later, Rama told reporters that the Office of the President should not be very involved in the issue.

“So please don’t. I’m just telling you, don’t. If the people will feel that I am being too much trampled upon, can I stop them to stand? I cannot. That’s why I’m telling you, you wait for May 9. President Benigno Aquino and also Mar Roxas, you wait for May 9. Mel Sarmiento, wait for May 9. And my opponent, all of them, wait for May 9. Then let the people speak,” Rama said.

Tomas Osmeña, Rama’s challenger and a Liberal Party ally, said they should debate on it.

“Tell Mr. Rama, let’s debate on this issue. It’s hard to feel sorry for Rama. I feel sorry for the eight BO-PK councilors who trusted Rama at least that much when the mayor assured them it was okay. I feel sorry for the 4,000 employees given a disallowance by COA (Commission on Audit),” Osmeña told CDN in a text message.