Ombudsman order on Rama, Cortes: Dismissal from service

CEBU, Philippines — Suspended mayors Michael Rama of Cebu City and Jonas Cortes of Mandaue City were both ordered dismissed from service in two separate decisions issued by the Office of the Ombudsman.

In the case of Rama, the anti-graft office, in its 17-page decision, found him “guilty of Nepotism and Grave Misconduct” and meted the penalty of dismissal from service “which shall carry with it cancellation of eligibility, forfeiture of retirement benefits except for accrued leave credits, and perpetual disqualification for reemployment in the government service”.

On Cortes, the Ombudsman, in its 12-page decision, found him guilty of grave misconduct and imposed on him the penalty of “dismissal from the service together with its accessory penalties, pursuant to Section 10, Rule Ill of Administrative Order No. 07, as amended, otherwise known as the Rules of Procedure of the Office of the Ombudsman.”

The order of the Ombudsman for Rama’s case was dated September 25, 2024 and penned by a special panel of investigators and signed by Graft Investigation and Prosecution Officer 111/Member Myra Nimfa Solidum-Mendieta, reviewed by Nellie Boven-Golez, the director of PIAB-D/chairperson, and approved by Deputy Ombudsman Jose Balmeo, Jr.; while Ombudsman Samuel R. Martires inhibited himself in the resolution of the case.

Cortes’, on the other hand, was approved on October 2, 2024, penned by Graft Investigation and Prosecution Officer 111 Leilani Tagulao-Marquez, with Assistant Ombudsman, OMB-Proper Pilarita Lapitan recommending its approval, and approved by Ombudsman Martires.

The case against Rama, who is serving a six-month preventive suspension, was filed by Jonel Saceda, who is known as Inday Josa Chiongbian Osmeña, on February 28, 2023.

Saceda alleged that Rama committed nepotism, grave misconduct, graft and corruption after Rama hired his (Rama) wife’s two brothers to work at the Cebu City Hall.

Osmeña alleged that Rama appointed his brothers-in-law, Elmer Gimenez Mandanat and Gomer Gimenez Mandanat, as casual employees of Cebu City.

Both are siblings of Rama’s second wife, Marilou Gimenez Mandanat-Rama, whom he married in a civil wedding ceremony on October 28, 2021.

Saceda said that based on the records of the Human Resources Development Office (HRDO) of the Cebu City Government, particularly the Plantilla of Casual Appointments (Reappointment-Renewal), Elmer was hired as a “process server” under the Office of the Mayor, and Gomer as “Administrative Aide III (Laborer II)” under the Cebu City Medical Center (CCMC), both from January 1, 2022 to June 30, 2022.

After the May 2022 elections and Rama’s assumption as mayor of Cebu City, he once again appointed Elmer and Gomer to the same posts for July 1, 2022 to December 31, 2022.

In his June 22, 2023 counter-affidavit, Rama said Saceda’s prayer, that he be preventively suspended, lacked basis

The Ombudsman decision, however, stated that “a scrutiny of the evidence presented…reveals the nepotistic nature of the subject appointments.”

It stated that computer-generated and unsigned CIS forms clearly failed to serve as concrete proof of Rama’s claim, “especially when juxtaposed against the Plantilla of Casual Appointments, an official document signed and certified by Atty. Perias, City Accountant Jerome V. Ornopia, respondent, and CSC Director Atty. Gina Crucio.”

 “Therefore, the subject appointments of Elmer and Gomer to the position of Process Server and Administrative Aide III (Laborer II), respectively, are clearly nepotistic, the two being and brothers-in-law of the respondent who was the approving authority for their appointments,” the Ombudsman said.

It also said that Rama cannot conveniently assert ignorance of the appointments of Elmer and Gomer considering that their full names, along with their respective positions and periods of employment, were distinctly indicated in the Plantilla of Casual Appointments.

Although Rama claimed that he was "maliciously misled by the HRMO to sign the subject appointments of Elmer and Gomer," the Ombudsman said “such mere allegation by Rama not suffice as evidence.”

“It is hornbook doctrine that mere allegations do not constitute proof,” said the Ombudsman, which also found Rama guilty of grave misconduct.

Misconducts is “an intentional wrongdoing or a deliberate violation of a rule of law or standard of behavior, especially by a government official.”

The Ombudsman said that “it is considered grave where the elements of corruption, clear intent to violate the law or flagrant disregard of established rule are present. To constitute misconduct, the complained acts or omission must have direct relation and be linked to the performance of official duties”.

The Ombudsman said that it is obvious that Rama personally had a hand in the unlawful appointments of Elmer and Gomer, who received “unwarranted benefits, advantage or preference”.

    “He committed a patent and willful violation of the law and rules against Nepotism and thus, a clear transgression of the norms and standards expected of him as a government official. Such issuance of nepotistic appointments pertained to the performance of his functions as mayor, with him taking advantage of his official position for the purpose of benefiting his brothers-in-law,” the Ombudsman said.

  In a statement issued yesterday, Saceda said the verdict is a resounding affirmation that the rule of law prevails over power and influence.

    “This is a victory not just for me, but for all Cebuanos who believe in accountability and good governance. Let this decision serve as a reminder to all politicians that there are individuals committed to being vigilant custodians of our institutions, and they should never be underestimated,” she said.

Saceda also emphasized that this case was never about personal animosity toward Rama.

“The law is clear—what is prohibited must remain prohibited. Public office is not a place for personal favors or privilege. As the adage wisely states, Wrong is wrong, even if everyone is doing it. Right is right, even if no one is doing it,” she said.

Mayor Cortes

As for the case of Cortes, who was penalized to serve a one-year suspension since August 21, 2024, it stemmed from an administrative complaint filed on October 17, 2022 by Ines Corbo Necesario and Julita O. Narte.

The complaint is anchored on Cortes’ alleged act of allowing the continuous operation of SUPREA Phils. Development Corp.

SUPREA is a batching plant of concrete mix cement in Sitio San Jose 1, Circumferential Road, Barangay Labogon, Mandaue City that operated in 2020 to 2022 despite the lack of the required business permit, sanitary permit, and environment clearance.

Its operation allegedly posed health risks and disturbances to those who lived close to the plant's perimeter, but Cortes allegedly refused to issue a cease-and-desist order and allowed the batching plant to continue operating its business.

Such a misconduct, according to the Ombudsman, is clearly demonstrated when Cortes allowed its operation in 2020 until 2022 without a business permit and the required sanitary permit and environmental clearance, and refused to immediately act on the recommendations of the Mandaue City Environment and Natural Resources (MCENRO) as early as 2020.

Lastly, the Ombudsman said that it appeared that Cortes had been previously found guilty of grave misconduct and conduct prejudicial to the best interest of service in the case of Monsanto v. Cortes, OMB-V-A-SEP-23-0221.

In the said case, the penalty imposed was mitigated by the dismissal from service to suspension from the service for one year.

“In view of the outcome of said administrative case, this Office is now constrained to impose against Cortes the maximum penalty of dismissal from service, together with the accessory penalties,” read the Ombudsman order.

  In his official statement, Cortes said the Ombudsman's decision comes as no surprise.

 “Nahibaw man gyud ta nga ang atong kontra gigamit nila ang ilang koneksyon ug gahum at their disposal. But let me assure you, just as we have faced challenges before, we will not back down. We will exhaust every legal remedy to fight this battle-because this is not just about me. It is about the trust you have placed in me, and I will defend that trust with all that I have,” Cortes said.

 “Ang Mandaue kanunayng nagpabiling usa ka syudad sa hiniusang pagbangon, ug nasayod ko sa akong kasingkasing nga malabang nato kining unos nga malampuson. Naghangyo ako sa inyong padayong pakigbisog ug suporta samtang kita magbarog nga lig-on tungod kay ang hustisya ug kamatuoran anaa sa atong kiliran. Together, we will move forward, no matter what,” he added.

Rama no comment

Rama, on the other hand, refused to comment on the Ombudsman decision even if it already circulated in the local media, saying he has yet to receive his copy.

“Wa pa gyud ko kakuha’g copy ana. Wala. Nothing…. Di sa ko mo-comment until makakuha ta sa kopya kay naa naman na silay mga porma karon. Let me first have a copy,” he said.

Before the decision of the Ombudsman was made known to the media, Rama in an interview during the filing of his COC, expressed his readiness to be back in the Cebu City Hall.

After a six-month suspension, Rama would have been back already at City Hall on November 10.

“I have always been ready,” he had said.

“I have been in (government) service for 32 years. Pasabot, you know, inigmata nako, apil pa damgo, City Hall. So, therefore, my whole life, service is never been alienated,” he added.

Asked what was supposed to be his first order of business once back in City Hall, Rama said he would want to say hello “to the employees.”

He said would want to continue where he left and even “add up,” including playing again the Singapore-like jingle his administration is known for.

It has been observed that the said jingle has not been played since he was placed under preventive suspension.

Acting Mayor’s Comment

In a separate interview yesterday, acting Mayor Raymond Garcia said he received neither a copy of the Ombudsman’s decision nor any order that may merit an extension of his assumption as acting mayor of Cebu City.

“I will just wait for DILG (Department of Interior and Local Government) if ever naa man gyud gani na (nga order), or tinuod man gani na,” said Garcia.

He said he have heard of the Ombudsman decision on Rama’s nepotism case because “everybody was talking about it”, but he has yet to get hold of a copy.

“But kahibawo baya ka nga…unless we have a copy of the decision then that’s the only time…. I did not receive anything nor did I hear anything. These are just rumors without any physical documentation. Then di gyud ko ka comment ana,” he said. --Mitchelle L. Palaubsanon, Iris Mascardo/RHM (CEBU NEWS)