8 Team Rama councilors sued before Ombuds

CEBU, Philippines — Eight Cebu City councilors under Team Rama are facing an administrative charge before the Office of the Ombudsman-Visayas for not attending the Sangguniang Panlungsod regular session last October 3.

Named respondents were Councilors Pastor Alcover, James Anthony Cuenco, Jose Daluz III, Joel Garganera, Raymond Alvin Garcia, Jocelyn Pesquera, Eduardo Rama and ex-officio member Philip Zafra, the president of the city’s Association of Barangay Councils.

Emma Gabutan, a taxpayer and resident of Guadalupe, Cebu City, filed last Friday the affidavit complaint for gross neglect of duty, grave misconduct, inefficiency and incompetence in the performance of official duties, loafing, refusal to perform official duty, which are grounds for disciplinary actions under Republic Act No. 7160 (Local Government Code of 1991), and violation of Section 4(a and b) of RA 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees).

She claimed having voted for Cuenco and Daluz in the May 2016 elections after hearing their campaign promises. However, she said she got disappointed by their performance in the City Council with the rest of the opposition councilors.

“Naay agianan namo sa Guadalajara, daghang lungag ang karsada.  Kung magbaha taga hawak sa tawo, di kaagi mga sakyanan, wa gyud na maatiman. Nadakdak na gani ko diha,” Gabutan told The FREEMAN.

Councilor Raymond Alvin Garcia, who belongs to Team Rama, said he is confident that the case will be dismissed because “it has no basis.”

Garcia said he should have not been included in the case since he was on an official trip which was signed by the mayor.

“The (complainant) should have also included the mayor in the complaint kay siya man ang gasugo nako to travel to Kaohsiung and get the donation of buses for the city,” he told The FREEMAN.

Garcia, who suspected that the case was politically-motivated, believed that Team Rama councilors did not violate any law considering that the City Council has continued its transaction because there was a quorum.

Councilor Jocelyn Pesquera, for her part, said she was also in an official trip.

Pesquera said he will sue the complainant for “perjury and libel.”

Councilor Joel Garganera said the complainant must have been a “very concerned citizen” for being concerned to the affairs of the city government.

Gabutan urged the opposition councilors to support all the programs and projects of the administration of Mayor Tomas Osmeña that are beneficial to the city’s residents and to address the problems particularly dilapidated roads and floodings.

Gabutan also expressed her fear that some basic services would be hampered with the opposition councilors now composed the majority bloc with the entry of newly-appointed Councilor Renato "Junjun" Osmeña Jr., the mayor's nephew but belongs to Team Rama.

The complaint stemmed from a letter dated September 28, 2017 signed by the respondents addressed to the SP presiding officer, Vice Mayor Edgardo Labella, informing their intent not to attend the regular session last Oct. 3.

It was an act of protest by respondents against the call of Councilor Sisinio Andales for Zafra’s resignation.

Following their absence during the session, Labella declared no quorum. The letter was reportedly received by the Office of the SP Secretary at 1:07 p.m. on October 3, shortly before the session started.

“As a consequence of their boycott or deliberate refusal to attend the session scheduled last October 03, 2017, many pending important matters for the consideration of the city council were not acted upon,” read the complaint.

“Due to their absence, the minority put into hostage important legislative agenda and caused tremendous wastage of public funds. Their acts were repugnant to the mandate of the 1987 Constitution and Philippine laws,” Gabutan said in her complaint.

Gabutan’s counsel, Atty. Judiel Pareja, said the facts and circumstances alleged by complainant constitute misconduct in office, gross negligence and dereliction of duty that are grounds for disciplinary actions, as provided for under R.A. No. 7160, Chapter IV, Section 60 (c). — With Jean Marvette A. Demecillo/GAN (FREEMAN)