Market chief cleared of administrative raps

CEBU, Philippines - The Office of the Ombudsman-Visayas has cleared Cebu City Market Administrator Raquel Arce from administrative charges.

The complainant in the case, Edgardo Briones Sr., alleged that Arce ordered to have him evicted from the Taboan Public Market without prior notice, but the Ombudsman said Briones failed to establish sufficient evidence to support his complaint. 

“Complainant’s accusations, being uncorroborated, cannot translate as competent proof of the same. Accordingly, the instant complaint must necessarily fail,” reads the decision penned by graft investigator Amy Rose Rellin.

Briones had filed a case for grave misconduct, grave abuse of authority and conduct unbecoming of a public official.

He alleged that he has occupied Stall 134 for two years and has been paying taxes to the city government.

On September 9, 2010, a notice or “Pahibalo” was distributed by the Market Operation Division (MOD) of City Hall headed by Arce, prohibiting the use of any place at the Taboan Public Market as sleeping quarters pursuant to City Ordinance No. 1406 or Market Code.

Briones said about 19 stallholders were given the notice and were directed to vacate within seven days.

On September 13, 2010, Arce and some policemen went to the Taboan Public Market and demolished illegal structures. Briones said he and 19 other stallholders were also forced to vacate their respective stalls, which were subsequently padlocked.

“The demolition of illegal structures and eviction were premature since the notice only gave seven days to comply.” He also questioned why he was being included in the eviction without receiving any notice.

He said the eviction was selective since the affected stalls were those with number 127-136 along Lakandula Street and numbers 146-153 along B. Aranas Street.

Briones also pointed out that despite having been a stallholder for two decades, he was not provided a copy of the Market Code, which deprived him full knowledge of market ordinances.

Arce, in her counter-affidavit vehemently denied the allegations filed against her. She said the clearing operations at the Taboan Public Market was “merely ensuring order and discipline in the public market and implementing the pertinent ordinances.”

On August 12, 2010, Arce conducted a meeting at Taboan Public Market regarding the illegal settlers who used their stalls as living quarters, which reportedly violated a city ordinance.

“I informed the vendors that the said Ordinance shall be enforced by means of clearing operations. The vendors including complainant, requested for sufficient time within which to comply and undertook to voluntarily vacate the area for one month,” she said.

Arce admitted that Briones was not given a notice, but pointed out that the complainant was present during the meeting and posed no objection.

She said they gave Briones enough time to clear his stall, but the complainant allegedly did not comply with their instructions, which prompted them to padlock his stall.

She also belied Briones’ allegations that the clearing operation was selective.

“Complainant’s allegation of selective clearing operation was a great lie, for respondent’s office cleared all existing illegal structures and living quarters in the market,” Arce said.

In her ruling, Rellin said Briones failed to prove that Arce is liable.

“It is then not inconceivable to discern that despite all the notices and information, it was complainant himself who adamantly and obstinately refused to comply with the lawful directives of respondent’s office,” Rellin’s decision reads.

Rellin said nothing in the evidence presented could prove that Arce was moved by bad faith and ill motives when she conducted the clearing operation.

Rellin said Arce cannot be held guilty administratively because she only exercised her public functions and duties legitimately. — (FREEMAN)