Garcia, Cañete sued at Ombudsman

CEBU, Philippines — A complaint for anti-graft and corrupt practices was filed against Cebu City Mayor Raymond Alvin Garcia for allegedly allowing cockfighting events at a hotel, allegedly despite the event being denied approval by the City Council.

The complaint was filed before the Office of the Ombudsman-Visayas last Nov. 18 by Kristian Hassamal, a close ally of dismissed mayor Michael Rama whom Garcia removed as head of the City’s Department of General Services.

Hassamal also included P/Col. Antonietto Cañete, Cebu City Police Office director,  in his complaints of grave misconduct and violations of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees), Article 208 of the Revised Penal Code, and Sections 3(e) and 3(j) of the Anti-Graft and Corrupt Practices Act.

Hassamal’s complaint was based on the opinion of the Cebu City Legal Office (CLO) issued on March 20, which addressed Garcia’s inquiry about the proper processes for granting Ox KBDF Gaming a special permit to hold a cock derby inside the NuStar Hotel and Casino’s Convention Center on April 21, 2024.

In Hassamal’s affidavit, it was cited that the CLO had indicated that the event aligned with the existing city ordinance; however, necessary permits must be obtained first.

Hassamal alleged that on April 23, then Acting Mayor Garcia issued a “Letter of No Objection” (LONO) to Ox KBDF's request for a special permit to hold a cock derby inside NuStar on May 23 and 24.

He said that the Business Permit and Licensing Office (BPLO) reportedly then issued a special permit on May 10, but with an attached condition that the organizer submit a City Council  resolution approving the event, a police clearance, and payment for the special permit fees.

Hassamal assured the Ombudsman that the event really took place by attaching “promotional pictures” for the “May Derby” and stating that videos were also posted publicly on Facebook.

He said that this was further reinforced when the organizer (name withheld pending his comment on the complaint) sent a July 3 letter expressing his “sincerest gratitude” for Garcia’s support, citing that the event was a “success.”

Hassamal further alleged that in the same letter, the organizer requested the issuance of another permit for a seven-stag derby, still inside NuStar, this time for a period of three days.

In response, Garcia issued another LONO, which was attached to a letter request addressed to Cañete on Aug. 15. The letter included an endorsement from the CCPO.

Hassamal said that just like the previous event, the BPLP issued a special permit, this time on Aug. 19. This permit allowed the holding of "Cockpit Combat II - The Seven Stag Early Bird Edition," but again with the same conditions it set for the May event.

“Video evidence of the event actually taking place at NuStar has been publicly uploaded by various attendees on social media,” read a portion of Hassamal’s complaint.

He said that there have also been reports that Ox KBDF filed yet another request before the Office of the Mayor for a special permit to hold another cock derby event, this time for a total of eight days, from Oct. 11 to 18, 2024. This event was dubbed the “October Derby.”

“Said event has already been denied by the Sangguniang Panlungsod on the grounds that a hotel like NuStar is not a duly-accredited cockpit arena,” Hassamal said.

“Interestingly, though, the October Derby was still allowed to push through,” he said, adding that the organizer even posted on social media that they have secured a permit from the Games and Amusements Board (GAB).

“However, the unmistakable fact is that, in all instances, Ox KBDF had not secured the necessary requirements to operate the cockfights in the City of Cebu,” he added.

He then cited multiple provisions and guidelines for holding cockfighting events, arguing that the organizers allegedly violated Presidential Decree 449, or the Cockfighting Law of 1974, as well as Cebu City Ordinance No. 1447 of 1993, as amended.

Among the violations Hassamal enumerated were that the venue of the cockfighting events was not a licensed cockpit; the events were held on weekdays; there was no resolution from the Gamefowl Commission; no approval from the City Council; no special permit from the Gamefowl Commission; no prior concurrence from the barangay; and the allowed number of days to hold cockfights within the year had already been exceeded.

“Respondent Garcia knowingly and willfully committed actions that were crucial in enabling the illegal events in question, even though, as Acting City Mayor, and under his duties and functions under the Local Government Code, he was expected to enforce the laws and ordinances relative to the governance of the city,” he said.

The same complaint also requested that subpoenas be issued to gather testimonies to support his claims.

Sought by The Freeman for his reaction to Hassamal's complaint, Garcia said he would issue a statement only after he gets his copy, which has not been provided yet.

He had earlier said, though, that he expects more complaints to be filed against him, particularly by Rama’s camp, with the elections fast approaching.  — (FREEMAN)