Garcia meted 6-month suspension over derby

CEBU, Philippines — Former Cebu City mayor Raymond Alvin Garcia was meted six months suspension after the Office of the Ombudsman for the Visayas found him administratively liable for conduct prejudicial to the best interest of the service when he allowed cockfighting derbies at NUSTAR Resort and Casino in 2024.

The penalty will be converted into a monetary fine because he has already left government service after losing to Mayor Nestor Archival in the last mayoralty elections.

The decision, dated Jan. 6, 2026, was already endorsed to the Cebu City Human Resource Division on Sept. 21, 2026. The penalty may ultimately take the form of a monetary fine rather than an actual suspension.

The decision expressly provides that if the suspension can no longer be enforced because Garcia has separated from government service, it shall be converted into a fine equivalent to six months of his basic salary.

The amount may be deducted from his retirement benefits, accrued leave credits or other receivables.

The case stemmed from a complaint filed by Kristian Hassamal, who questioned the legality of cockfighting derbies organized by OX-KBDF Gaming at NUSTAR Resort and Casino on May 23 to 24 and Aug. 27 to 29, 2024.

Hassamal alleged that the events violated Presidential Decree No. 449 and local ordinances because they were held outside a licensed cockpit and allegedly lacked several mandatory approvals.

Records showed that on March 19, 2024, OX-KBDF Gaming sought permission to hold a six-cock derby at NUSTAR. The proposal later received a favorable legal opinion from the Cebu City Legal Office, subject to compliance with all requirements and approval by the mayor. The promoter subsequently sought permits for additional events later that year.

The Ombudsman noted that on April 23, 2024, Garcia, then acting mayor, informed the promoter that the Mayor's Office had no objection to a two-day derby, provided that all laws, rules and regulations were observed.

The Business Permit and Licensing Office (BPLO) later issued permits subject to several conditions, including the submission of a City Council resolution, police clearance and payment of the corresponding fees.

However, the Ombudsman found that the permit records showed no approvals from the Cebu City Sports Commission, the Cebu City Police Office and the Office of the City Mayor.

Despite these deficiencies, the derby proceeded as scheduled. Similar circumstances surrounded another event held in August 2024.

In its ruling, the Ombudsman emphasized that NUSTAR Resort and Casino was "neither a licensed cockpit nor a playground or park" as contemplated under Presidential Decree No. 449, which regulates special cockfighting activities.

It also held that Garcia failed to object to the venue and the repeated conduct of the events despite legal restrictions on the duration and frequency of special derbies.

"Respondent Garcia's failure to object to the unauthorized venue, the unlawful duration, and the repeated conduct of cockfighting activities squarely falls within the ambit of Conduct Prejudicial to the Best Interest of the Service," the Ombudsman said.

In his counter-affidavit, Garcia maintained that the permits were issued by the BPLO and argued that his communications with the promoter did not constitute special permits authorizing the events.

He also pointed out that city officials subsequently investigated the promoter and issued notices, warnings and show-cause orders after questions about compliance arose.

The acts committed while Garcia was serving as acting mayor following the preventive suspension of then mayor Michael Rama in May 2024.

Garcia subsequently became Cebu City's full-fledged mayor after Rama's dismissal by the Ombudsman and was formally sworn into office in October 2024.

Other officials face separate proceedings

Meanwhile, the complaint against former Cebu City police director Antonietto Cañete was referred to the Ombudsman-Military and Other Law Enforcement Offices for appropriate action after the anti-graft body determined that jurisdiction over the police official belonged to that office.

The Ombudsman also ordered a fact-finding investigation into Dr. Jesucito Garcia and Atty. Francisco Rivera of the Games and Amusements Board over permits issued for subsequent cockfighting events at NUSTAR in October 2024.

The investigation will examine the legal basis for the agency's authority to issue such permits. — /FPL (FREEMAN)