CEBU, Philippines - Cebu City Mayor Michael Rama yesterday filed a complaint before the Ombudsman against south district Representative Tomas Osmeña over the controversy involving the alleged donation of the two US Sedan Dodges by the Bigfoot Entertainment.
A Mass at the Capitol Parish and the filing of the complaint before the Ombudsman turned into a rally when urban poor groups marched from the Capitol to the Office of the Ombudsman-Visayas to show support to the mayor.
The groups even had a replica of the black and white cars with a “Police” marking and seal of the city government.
Asked for comment, Councilor Margarita “Margot” Osmeña, Tomas’ wife, said the mayor did another of his “drama,” branding as “hakot” those who went to the rally.
City-owned vehicles were also used to transport the people, especially the elders from Capitol Parish to the office of the Ombudsman.
Margot said the mayor should also answer the use of government vehicles for the activity.
Hakot
Some of those who joined the rally told The FREEMAN they were not aware why they were asked to come.
Some who came from Mandaue City and other areas outside Cebu City said they were promised to be compensated for joining the rally.
But Jojo del Mar of Barangay San Roque said he was there because he believes that Osmeña must be made to answer the allegations. Isabel Baliguat and Jocelyn Oponda of T. Padilla and Tejero said they also supported the mayor.
Philip Zafra, the chief of staff of Rama, denied the crowd was a “hakot.”
“We did not even expect this crowd. We just texted our leaders and maybe they invited their members,” he said.
He clarified that the use of vehicles were not part of the plan but because of the senior citizens joining the walk, many requested for Kaohsiung buses.
Zafra admitted buying snacks for the people, but said no city government fund was spent for the food as it was sponsored by a private person.
Tomas to answer
Margot said her husband, who is in Manila, will confidently answer the complaints filed against him. “Tommy will answer. He’s been asking them to file anyway,” she said.
The councilor admitted making a mistake when she said to the media two weeks ago that the two vehicles were donated by Bigfoot Entertainment Inc. to her sister-in-law Minnie Osmeña.
“I really thought they were. Then I was corrected. Therefore I was wrong,” she said.
The vehicles, Rep. Osmeña had said, was bought by his sister Minnie from Bigfoot.
Margot said it was originally intended to be donated to the city, but Gleissner changed his mind upon learning that her husband would no longer be the mayor.
“He has the right to change his mind,” Margot said.
The complaint
Shortly before 12 noon, Rama filed his complaint before the Ombudsman, citing five violations that Rep. Osmeña has committed.
The complaint was drafted by City Hall lawyers and some private lawyers.
In his complaint, Rama requested investigation into alleged violations of pertinent provisions of the Revised Penal Code, the Republic Act 3019 or the Anti Graft and Corrupt Practices Act, the Republic Act 6713 or the Code of Conduct and Ethical standards for Public Officials and Employees and the Presidential Decree No. 46 or the act making it punishable for public officials and employees to receive and for private persons to give gifts on any occasion including Christmas.
Rama believes that Rep. Osmeña has violated the laws when he took possession of the controversial cars.
The two cars were reportedly donated to Rep. Osmeña when he was still mayor by Bigfoot, which had entered into a 25-year lease contract with the city government.
Bigfoot is leasing a two-hectare lot at the South Road Properties. Rama said Bigfoot was then negotiating to buy 16 hectares of land.
“In helping Gleissner (Bigfoot Entertainment Chairman Michael Gleissner) secure or obtain Philippine citizenship both in Congress and in the Senate as openly admitted by Tomas himself so that Gleissner can invest in the country, Tomas violated Section 3(c) of the same law,” the complaint reads.
Rep. Osmeña allegedly violated RA 3019 when he accepted the vehicles for himself instead of turning it over to the city, allegedly the original intended recipient.
Rama claimed this deprived the city of its rightful ownership and use of the vehicles.
Granting that the cars were donated to Rep. Osmeña’s sister, Minnie, Rama said Minnie and his son Paulo, in whose names the cars were registered, are guilty of violating Section 4 of RA 3019 for receiving a gift from a person (Gleissner) having some business with the government.
Section 11 of the same law also penalizes private individuals who participate in conspiracy or accessories of the public official, thus, Rama said Minnie and Paulo are equally liable as Rep. Osmeña.
Section 7, paragraph d of RA 6713 or the code of Conduct and Ethical Standards for Public Officials and Employees says that among the prohibited acts and transactions is the solicitation or acceptance of gifts by public officials and employees.
Rama said Rep. Osmeña’s acceptance of the vehicles from Gleissner was a blatant violation of the act because it was made in the course of Osmeña’s official duties as mayor.
Rama also alleged that Rep. Osmeña violated Article 179 of the revised penal code, particularly the Illegal Use of Insignia, by using the seal of the city government, putting overhead sirens and for using the markings “Cebu City Police” when the vehicles are not owned by the city government as Rep. Osmeña claimed.
“It is of no moment that he had one of the cars repainted recently as a mere afterthought. The fact remains that for three years, he has been using illegally an official insignia and notwithstanding the public outrage he was subjected to recently, he has openly declared that he would continue so using the same,” the complaint reads.
Rama said that as an official of the government, the congressman should have maintained honesty, integrity, accountability and modesty.
“Clearly, Rep. Osmeña’s acts constitute grave misconduct and dishonesty against the public and cast his integrity in bad light. His actuations are unbecoming of a public officer, especially a Mayor and a Congressman,” Rama said.
Just showbiz
Vice Mayor Joy Augustus Young said Rama’s filing of the complaint is only a “showbiz” act based on the sudden change of heart of the mayor, who earlier repeatedly said that he will not file the complaint.
Rama said he filed the complaint because of the clamor of the people.
“I have done what the people wish me to do,” Rama said, thanking the Ombudsman for starting an inquiry. But he said the inquiry is not enough.
Young said it is also a welcome development that the issue will be investigated to, one and for all, set the records straight.
“Kay daghan kaayo storya mugawas and gi-twist na sa laing tawo including irresponsible media in print who are investigating,” Young said.
Not registered?
TV Patrol reported that former City Traffic Operations Management Executive Director Arnel Tancinco, who is now with the Land Transportation Office, confirmed that the two cars were not registered over the three years the congressman has been using them.
LTO records show that the cars were registered only in 2012. They have a deed of sale date of June 2012, which means the cars were bought by Minnie only this year.
Tancinco also confirmed to TV Patrol that Minnie bought the two cars for only P400,000.
The price was far less than the original cost of the vehicles at approximately P1 million each, not to mention the over a million peso tax paid by Gleissner for their importation.
Just the beginning
Lawyer Janeses Ponce, spokesperson of Rama on the case, said the complaint was only the beginning, adding that there will be more complaints to be filed by other groups against Rep. Osmeña. –/LPM (FREEMAN)