Garcia, 3 others sued at Ombuds

CEBU, Philippines — The former head of the Office of the Senior Citizen Affairs (OSCA) appointed by then mayor Michael Rama has lodged a criminal and administrative complaint before the Office of the Ombudsman in the Visayas against Cebu City Mayor Raymond Alvin Garcia, as well as Department of Interior and Local Government (DILG)-7 Regional Director Leocadio Trovela, and two department heads of the City Hall.

In a document released to the media, lawyer Homer Cabaral asked the anti-graft office to investigate Garcia and Trovela, as well as Cebu City Administrator Kristine Joy Batucan, and Human Resources head Henry Tumalabcad for alleged Usurpation of Authority, under Art. 177 of the Revised Penal Code in relation to Section 3 (e) of R.A. 3019 otherwise known as the Anti-Graft and Corrupt Practices Act.

Cabaral s complaint, which was filed on November 8, also highlighted Garcia and Trovela as the principals in a conspiracy.

Cabaral claimed that his termination as the head of OSCA was both Illegal and without factual nor legal basis. He questioned the validity of Garcia s ascension as city mayor.

Cabaral, who is a retired Regional Director of the National Police Commission (NAPOLCOM) for Region-7, holds the rank of CESO IV and is also a graduate of the National Defense College of the Philippines with a degree of Master in National Security Administration.

He argued that with the said credentials backed up by 38 years in public service, he was appointed by Rama as head of OSCA in a concurrent capacity as chairman of the Fact-Finding Committee with a  coterminous executive assistant  status starting from Rama s assumption last December 2021.

It was on October 10, 2024, when Cabaral was allegedly unduly and unlawfully sacked from his appointments by both Tumalabcad and Batucan upon orders of Garcia.

As shown therein, I was terminated for the reason that I am CO-TERMINOUS" with my appointing principal Mayor Michael L. Rama. Since respondents deem Michael Rama's term as Cebu City mayor has been terminated on account of his being dismissed from office by virtue of an alleged Decision of the Office of the Ombudsman dismissing him, my "Co-terminus" employment was also deemed terminated,  reads an excerpt of his complaint.

Cabaral further questioned the legality of this termination citing that the Office of the Ombudsman, under its very own charter, has no authority to dismiss mayors of highly urbanized cities like Mayor Rama of Cebu City.

He added, under Section 3 of the Ombudsman's Act, the Ombudsman can merely recommend to the Office of the President the sanction of dismissal.

Without such legal authority subject Decision of Dismissal is clearly illegal and any and all consequences therefrom has similarly no leg to stand on, he argued.

Further, Cabaral also pointed out that the order for which the dismissal of Rama has remained unserved

He also reasoned that both Garcia and Trovela allegedly did not comply with the basic legal requirement of valid and proper service of notice of the decision before they had accordingly implemented it.

Currently, the OSCA leadership is being held by Chito Aragon, whose credentials were also questioned by Cabaral.

Garcia's designate Aragon is not a senior and has no business acting for the OSCA. Moreover, his designation by Garcia was effected even before there was a vacancy and in the course of the filing of their Certificate of Candidacy and, ostensibly, in an attempt to unduly influence the 105,000 strong seniors/voters in the City of Cebu,  an excerpt of the complaint further reads.

Cabaral s complaint follows the tension and commotion at the City Hall last Friday, after former Cebu City administrator Collin Rosell went inside the City Hall Legislative Building and even held a press conference inside the Office of the Mayor s Conference Room.

Their primary agenda was to declare the comeback of Rama as mayor, as well as the reinstallation of those in coterminous status, including Rosell as city administrator.

The tension ended when Rosell was handcuffed and arrested and was brought to the Waterfront Police Station, but was able to post bail the next day.

Rosell said he could already return, arguing that the six-month preventive suspension that the Office of the Ombudsman imposed on him, Rama, and six others, had already ended, and that Garcia s assumption as mayor is not valid.

But the HRDO stressed that they are standing by the validity of the assumption of Mayor Raymond Alvin Garcia.

In a text message to The Freeman yesterday, Nov. 10, Tumalabcad clarified that they recognize Garcia as the duly constituted authority.

Ang among gi honor as the City Mayor and appointing authority sa tanang appointments na iissue sa HRDO, he said referring to Garcia.

As for Rosell, Tumalabcad clarified that they already forwarded the termination order of the former administrator.

According to Tumalabcad, after the decision of the Ombudsman came out last October 2, 2024 on the dismissal and perpetual disqualification of Rama from government service after having been found guilty of nepotism, they electronically mailed Rosell s termination of his coterminous status.

Last Friday, Tumalabcad said they personally gave the same notice of termination to Rosell, which he allegedly refused to receive or sign.

Under the Philippines   Omnibus Rules on Appointments and Other Human Resource Actions, coterminous is an employment status where an appointment issued to a person whose tenure is limited to a period specified by law or whose continuity in the service is based on the trust and confidence of the appointing officer/authority or of the head of the organizational unit where assigned.

The same premise or mandate was also announced by Garcia when he took the oath of office as full-fledged Mayor before the presence of the DILG-7 Regional Director.

Coterminous man ang city administrator with that of the appointing authority (mayor) kay highly confidential man ang position. So pag-assume ni mayor Raymond as city mayor, by operation of law, all coterminous appointments are deemed expired/vacant, Tumalabcad further explained. – /ATO (FREEMAN)