Mikel sues Garcia

CEBU, Philippines — Aside from Department of Interior and Local Government (DILG)-7 Director Leocadio Trovela, Atty. Mikel Rama, eldest son of dismissed mayor Michael “Mike” Rama, has also filed complaints against Cebu City Mayor Raymond Alvin Garcia before the Office of the Ombudsman.

The complaint was filed last Dec. 6, the same day he brought Trovela to the Ombudsman for alleged “Grave misconduct, dishonesty, other frauds under Article 214 in relation to Article 318 of the Revised Penal Code, refusal to discharge elective office under article 234 of the Revised Penal Code and abandonment of Office or position under article 238 of the Revised Penal Code”.

Both complaints stemmed from Trovela administering the oath of office for Garcia to serve as full-fledged Cebu City mayor last Oct. 9.

In his complaint, Mikel alleged that Garcia, “even without authority and legal basis”, took his oath of office as full-fledged mayor replacing his father, who was dismissed by the Office of the Ombudsman due to nepotism, even when Trovela allegedly was not directed to implement the Ombudsman decision.

“I also found on social media a separate Memorandum dated 5 October 2024 issued by Dir. Trovela and addressed to Respondent Garcia ('Trovela Memorandum"). It is clear that the DILG is aware that the Ombudsman did not direct it to implement any decision issued by the latter agency,” Mikel said.

He alleged that Trovela went beyond what was required of him and allegedly “without a straightforward directive on the proper course of action, took it upon himself to declare the position of Vice Mayor of the City of Cebu ‘vacant’’.

Garcia, Mikel said, should have at least taken a “more prudent course of action and verified for himself the status of the implementation of the Subject Decision, instead of knowingly and deliberately taking the oath of office”.

Mikel claimed Garcia's reliance on Trovela’s memorandum as basis for him to “abandon his position as Vice Mayor of Cebu City, as well as to refuse the discharge of such elective office is highly erroneous”.

“Garcia’s assertion of holding office as Mayor in the city without legal authority constitutes fraudulent conduct accordingly,” he alleged.

“As a result, I together with the entire constituency and electorate of the City of Cebu, have suffered damage and great prejudice as Respondent Garcia's acts have deprived us of the opportunity to be served a full term by Mayor Rama, whom we chose to represent us for the entire three-year term for which he was elected,” he added.

He also claimed that “Garcia caused peril and prejudice to the delivery of basic services by the Sangguniang Panlungsod” (SP) because “by abandoning his obligations” there Garcia allegedly “left a gap in the leadership, which is detrimental to the City's administration and the welfare of its citizens”.

“This abandonment not only disrupts governance but also undermines public trust in the electoral system,” Mikel said.

(When Garcia assumed as full-fledged mayor on Oct 9, though, then first councilor Donaldo Hontiveros, who was the acting vice mayor since May due to Rama’s six-month preventive suspension over another case, also took oath as full-fledged vice mayor on Oct. 11)

Mikel, who is eyeing a City Council seat, also stressed that Garcia’s “grave misconduct is intentional wrongdoing or deliberate violation of a rule of law or standard of behavior”.

“Garcia's acts are constitutive of grave misconduct and serious dishonesty. By fraudulently assuming the position of City Mayor, abandoning his post as the duly elected Vice Mayor, and deceiving the public that he has validly assumed the Office of City Mayor, even if no permanent vacancy exists to entitle him to so assume, he has committed a flagrant disregard of established law, to the prejudice of the government and the constituents of the City of Cebu,” read part of his complaint.

With these arguments, he requested the Ombudsman “that the appropriate order and provisional remedy be issued, including but not limited to, a cease-and-desist Order upon Respondent Garcia from continuing to unlawfully exercise the functions of the City Mayor of Cebu City to the detriment of the public”.

He also asked that Garcia be placed “under preventive suspension as to prevent the tampering of documents, influencing of potential witnesses, and obstructing this Honorable Office's efforts to come up with an impartial investigation concerning the above-mentioned acts”.

In previous interviews, Garcia had always maintained that he took oath in compliance with the law (when Rama was dismissed by the Ombudsman, whose decision was immediately enforceable pending appeal) and in obedience to lawful orders (for him to take his oath as full-fledged mayor).

He had also suggested that those who have grievance over his assumption as full-fledged mayor, like Rama and Mikel, should bring it to the proper authority like the courts, instead of stirring trouble by going to the City Hall and holding office, like what former city administrator Collin Rosell did last Nov. 8, which earned him a usurpation of authority charge.(CEBU NEWS)